Can Bass Pro stay open amid pandemic? Johnson County says yes, Jackson County says no
Most of the parking lots surrounding the intersection of I-70 and I-470 in Independence sat vacant Thursday as tens of thousands of metro residents stayed home. But dozens of cars still occupied part of the expansive Bass Pro Shops lot there.
That store, which sells everything from boats to fishing gear to athletic clothing, stayed open, despite stay-at-home orders issued across the Kansas City metro to help slow the spread of the worsening coronavirus pandemic.
Two Bass Pro Shops — the one in Independence and another in Olathe — stayed open through Thursday, along with the Cabela’s at Village West in Kansas City, Kansas (Bass Pro Shops owns both brands).
In a statement to The Star, the company said it was “complying fully with all laws and regulations with respect to operations.”
Various jurisdictions, though, seemed to have varying interpretations of the stay-home orders, which mandate the closure of all non-essential businesses.
Johnson County officials said the Olathe store is allowed to remain open because it falls under the exemptions for grocery stores in the county’s order. That exemption sanctions the operation of produce stands, supermarkets, food banks, convenience stores, along with those that sell pet supplies, fresh meats, fish, alcoholic and non-alcoholic beverages and cleaning supplies.
“Bass Pro is considered to be an essential business,” said Johnson County spokeswoman Lori Sand.
But Jackson County has determined that the Independence store is not an exempted business, said Kayla Parker, spokeswoman for the Jackson County Health Department. Once contacted by The Star, she said county health officials would contact store management and inform them it is not considered an essential business.
Enforcement of the stay-home order starts with a courtesy call, Parker said. The county can then send a letter informing the business it is in violation. After that, law enforcement may step in and issue a fine or charge a misdemeanor.
Officials in Kansas City and Johnson, Jackson and Wyandotte counties all issued similar stay-home orders effective Tuesday morning. Parker said the various jurisdictions ideally want to enforce their orders with uniformity.
“We work closely with the other counties to make sure we’re on the same page,” she said. “Sometimes there may be slight discrepancies, but overall the intent is to be a unified front.”
For their part, company officials said they were working to help slow the spread of the disease, namely by limiting customers to 50 at a time and telling employees to practice social distancing.
“With vast store sizes like ours, the modifications create an environment that is well under the stated CDC guidelines for social distancing,” the company statement read.
A Star reader asked why the store was allowed to stay open when it appeared to be selling primarily guns and ammunition.
Bass Pro pointed to a Missouri law that says neither the state nor cities can prohibit or restrict the possession, sale or display of firearms or ammunition during an emergency.
The company also said it was exempt from Kansas Gov. Laura Kelly’s executive order that bans all gatherings of more than 10 people because her order “permits retailers like us that sell food products to operate during this crisis.”
“We offer hundreds of food SKUs (stock keeping units) that have been in high demand including dehydrated foods and other items for household safety,” the statement read.
But a Star reporter who visited the Olathe store Thursday afternoon found no customers looking for food. The food section was stocked with nonperishable items like Uncle Buck’s Cheddar Mix, peanut brittle, cheese curls, pork rinds and hot sauces.
A sign posted on the front door said Bass Pro was limiting ammunition purchases to 250 rounds per customer.
“These limits are in place so we can serve as many guests as possible,” the notice read.
At the Cabela’s at Village West in Kansas City, Kansas, only one register was open by early evening. The only noise in the vast building was the country music playing overhead. Two customers walked their dogs around the store, stopping to pick through winter clothes in the clearance section upstairs. Others perused fishing reels, grills and kayaks.
David Reno, spokesman for the United Government of Wyandotte County/Kansas City, Kansas, said local leaders were urging all businesses to exercise their “best and honest judgment in deciding whether or not its services are essential.”
“We want businesses to exercise extreme caution in choosing to keep public retail locations open so that more stringent enforcement is not required,” Reno told The Star.
“Every business should ask itself: am I helping or hurting, my employees, my customers and my community? Businesses should listen to the concerns of their employees, customers and community. “
Nebraska Furniture Mart, also at Village West, recently elicited criticism that it was putting its customers and employees at risk by keeping the metro’s largest retail store open during the pandemic. On Tuesday, after arguing its products were “essential,” the Omaha-based chain announced it would close all of its stores across the Midwest, while still offering online and pickup orders.
At the Bass Pro in Independence on Thursday, signs warned customers of capacity limits and reminded them to adhere to social distancing rules, staying at least six feet apart from others.
The store manager declined to talk with The Star, but an employee said the store was open because it provides essential goods, “like water, and other supplies.”
Customers Donnie Sullivan and his twin brother James Sullivan and his girlfriend Keri Fox left the store with a couple of fishing rods and a minnow bucket.
The three have been off work because of the metro’s stay-at-home orders.
“We have done all the house cleaning and it’s a nice day,” said James Sullivan. “We just decided we would go fishing.”
They planned to find a quiet spot along Lake Lotawana, near Blue Springs, “away from other people,” he said.
“But if it’s too crowded then we will just go somewhere else.”
The Star’s Mara’ Rose Williams and Mike Hendricks contributed to this story.
This story was originally published March 27, 2020 at 8:58 AM.
