Nurse who refused to wear mask in store sentenced to community service – NBC Los Angeles

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What there is to know

  • Marianne Campbell Smith has been ordered to pay a fine of $ 200 plus $ 895 in penalties and will be on informal probation for one year. She was also ordered to stay away from the mother’s market.
  • Smith and two other women drove to Mother’s Market in Costa Mesa at 1890 Newport Blvd., where masks were required.
  • Smith took part in a mask demonstration outside the store, and when officers arrived, about two dozen other activists were outside calling Nazi police, prosecutors said.

A 57-year-old registered nurse was convicted on Wednesday and sentenced to 40 hours of community service for refusing to wear a face covering at a Mother’s Market last summer.

Marianne Campbell Smith was convicted of a single felony for trespassing with intent to interfere with business and hindering or intimidating a business or customers. Jurors deliberated for about 45 minutes.

Smith was fined $ 200 plus $ 895 in penalties and will be on informal probation for one year. She was also ordered to stay away from the mother’s market.

There are calls for even stricter enforcement at airports if travelers refuse to mask themselves. Lolita Lopez reports for the NBC4 News on Wednesday, October 13, 2021.

Co-accused Jennifer Marie Sterling made an indisputable plea on June 9 to an offense for refusing to leave at the behest of an owner.

Smith’s attorney, Fred Fascenelli, told City News Service: “I respect the jury’s verdict because we have the best system in the world, but this time I think they got it wrong.”

At around 1:15 p.m. on August 15, 2020, Smith and two other women drove to Mother’s Market in Costa Mesa at 1890 Newport Blvd., where face masks were needed to help prevent the spread of COVID-19, according to a brief test. filed by prosecutors.

Smith took part in a mask demonstration outside the store, and when officers arrived, about two dozen other activists were outside calling Nazi police, prosecutors said.

The three made their way into the store, where they walked around without face covers. They were asked to leave five times, but refused, prosecutors said.

As others entered the store, employees were alarmed and closed the doors, prosecutors said. All clients inside were escorted, prosecutors said.

Before police arrived, Smith attempted to buy a bag of crisps and salad, but the cashier refused to complete the transaction, prosecutors said.

Smith allegedly threw a $ 5 bill on the counter and turned to leave.

While in the store, Smith told another customer who was wearing a face covering, “You don’t have to be afraid. This is all a lie,” prosecutors said.

Smith also carried a sign that read “Economic health = public health” and “Healthy people don’t wear masks,” prosecutors said.

When an officer asked her if she refused to wear a mask for her cause, she replied: “Yes, but also for our freedom,” prosecutors said.

Smith told officers she walked into the store to buy a bottle of water, but they wouldn’t let her and she claimed she was discriminated against because she had a medical exemption from wear a mask, prosecutors said.

Smith also said she was a nurse and often wore gowns during her preliminary hearings, prompting prosecutors to ask that she not be allowed to wear a medical uniform during her trial.

Fascenelli said she was a registered nurse who worked in a doctor’s office.

Smith attended a rally against mask requirements at 19th Street and Newport Boulevard in Costa Mesa and when it was done, she headed to the grocery store where she parked her car, Fascenelli said . When told she couldn’t park there without being a customer, she walked into the store to buy something, he added.

“When she walked in there, that sign was under her arm the entire time,” Fascenelli said. “And sometimes it was backwards.”

The defense attorney said he found it “disturbing” that the verdict was delivered so quickly, as he said jurors had been given detailed instructions on the nuances of the law.

“There are a lot of laws out there and complicated issues,” he said.

His client is not anti-mask, he said.

“She’s not offended by someone else wearing a face covering,” he said. “She cannot physically wear one. She has a problem that prevents her from doing so. She told the clerk that she cannot wear a mask and told police that she cannot wear one. mask.”

Smith filled out a form to wear a face shield instead of a mask during the trial, Fascenelli said. He said he didn’t know what is preventing him from wearing a mask.


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