Man arrested for trespassing after refusing to wear mask at gym

A Kalispell man has been charged with misdemeanor trespassing and arrested after refusing to wear a mask at the WAVE fitness center last week.

Whitefish Police Officers responded to the privately-run fitness center on March 17 after WAVE management reported that Bryan P. Miller was in the pool area and refused to follow the facilities policy of wearing a face covering.

According to the police department, Miller said he would not wear a mask and when WAVE staff offered him a face shield he refused it and then also refused to leave the facility. Officers spoke with Miller, who was with his wife and three small children, asking him to leave but he refused. They then handcuffed him and removed him from the building.

Once outside, officers informed Miller that they would cite him for criminal trespass and he would be released. However, Miller said he would rather be arrested and that if he was released he would return to the WAVE.

Officers then took Miller to the police department where he was booked and released after posting bond about an hour later.

The City of Whitefish currently has an emergency ordinance in place that requires anyone over the age of 5 to wear a mask or face covering when in public spaces of businesses.

Despite the fact that Miller has been sharing his account of the incident on social media and elsewhere claiming he was arrested for not wearing a mask, Police Chief Bill Dial said, Miller was arrested for trespassing.

“The city’s face covering ordinance does not provide civil or criminal penalties for individuals who violate it,” Dial said in a release. “Private businesses have the right to refuse service to anyone they feel are a detriment to their business or other patrons.”

About two weeks prior to the March 17 incident Miller had been asked to leave the WAVE by staff and police for not wearing a mask. At the time he complied and was told he could return to the WAVE as long as he complied with the mask policy.

Miller spoke about the incident on Monday while testifying virtually before the Montana Senate judiciary committee, which was holding a hearing on a bill that would end the city’s mask requirement and others across the state.

Miller told the committee he has a medical exemption for wearing a mask.

“I just peacefully stated that I was here to watch my boys swim, and I was unable to wear a mask,” he said. “So they arrested me and took me to jail, where later my wife had to walk up with my children after swim lessons and bail me out."

The city owns the fitness center building, but leases the facility to the WAVE, which operates it as a private nonprofit.

Miller’s initial appearance in Whitefish Municipal Court is set for March 31.