Niagara County Produce on Transit Rd in East Amherst being investigated for Human Rights violations

On Sunday, November 7, 2021, we interviewed MaryEllen, a lifelong resident of the Buffalo area and decades long customer of Niagara County Produce. MaryEllen is an accomplished and prominent member of our community who has proudly and selflessly helped hundreds of people in our community. She has worked in our area as a nurse.Show more

Earlier this year, in May, the day government officials announced canceling anyone having to wear masks to go into a facility or business, and the day before former NYS governor Cuomo announced a repeal on all mask mandates other than children in schools, MaryEllen was targeted and discriminated against for not wearing a mask.

MaryEllen had shopped at this location for years without having any issues at all with staff or management. She enjoyed the company and the shopping experience there. MaryEllen has a medical condition that prohibits her from wearing a mask.

On the day of this occurrence, MaryEllen walked into the open air section of Niagara County Produce. She was 6 feet from anyone else in the facility. She was approached by two employees who advised her she had to have a mask on. It was at this time she made both aware of the fact that she had a medical condition that exempted her from having to wear a mask. Neither of these employees cared to listen, as was the case in so many businesses around our town. All while counties like Niagara County, and businesses all over Erie County were not enforcing masks at all, and people were perfectly safe, businesses like Niagara County Produce was enforcing them.

Now admittedly, we do not know the personal experiences of the people, and then ultimately the manager of NCP who approached MaryEllen. Perhaps something happened to them that was the reason for their conduct and behavior. In follow up discussions, those reasons have not been identified or articulated.

Subsequent to this initial contact, MaryEllen was approached by a male manager who stood about 6' 4" tall. On a scale of 1-10, his tone was an 8, and his level of agitation was a 10. He was yelling, carrying on, menacing, intimidating, bullying, threatening and shaming MaryEllen. A mother who did nothing wrong at all, and who had been in every other business without ever being embarrassed and ridiculed like this.

MaryEllen was told by this manager that she needed to get out or he was going to remove her. His demeanor had her very fearful and sent her into tears. She felt very afraid for her safety, and that this manager was going to forcibly grab her and remove her from the store.

MaryEllen spent 30 minutes in her car, out in the parking lot after the ordeal to collect and compose herself.

I can't be certain, but I would guess Niagara County Produce, like so may other businesses, spends time and money education their employees on Diversity, Equity and Inclusion training. Why is it then that businesses like this feel so bold and brazen to discriminate against, menace, bully and threaten people like MaryEllen for being disabled and having medical conditions? Why do they not see them in the same light as others and feel so free to mistreat them the way they do? This incident, unfortunately, was one that was all too frequently repeated in our community, and still is in our schools and all over parts of our state and country. It is disgraceful and unacceptable conduct that these people would condemn if they saw someone else engaging in it.

The manager in question has yet to be disciplined for his conduct and behavior. He hasn't even been reprimanded or trained on hoe to handle this situation appropriately. His actions elevate to a civil level for sure. They also elevate to a criminal level of menacing and harassment. As well as disorderly conduct. One can rest assured that if MaryEllen had conducted herself the way this man did, authorities would have been contacted, allegations would have been made, she would have been removed and possibly arrested. Why is there the double standard that protects employees and businesses for this type of conduct?

MaryEllen contacted the Division of Human Rights to investigate her claims. When she met with NCP attorney, this attorney, like so many others have, turned it around on MaryEllen. This is a gross display of conduct and behavior, all in an attempt to protect her client. MaryEllen stated very clearly she just wanted an apology from the manager and the owners of Niagara County Produce. She received what MaryEllen described as an empty apology. For these reasons, MaryEllen has opted to pursue her investigation with the Division of Human Rights.

Our hope for MaryEllen is she gets the justice and remedy she deserves. She is a hero to all of us who had to endure similar interactions. Thank you for everything you do MaryEllen!

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