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Police pepper sprayed a passenger on the train after he resisted arrest and refused to wear a face mask claiming he had a medical condition.
Passengers on public transport in England are required by law to wear a mask, or face a £ 100 fine, unless they have a medical condition that prevents them from doing so.
Government guidance says that no person needs to seek advice or request a letter from a medical professional about why their face is not covered.
However, a man who claimed that he was not wearing a mask on a train in Liverpool for medical reasons was pepper-sprayed by a British Transport Police (BTP) officer.
In response, the force said they attended the scene following reports of a man “coughing up passengers.”
The incident, which was captured on a mobile phone by a passenger and has been widely shared on social media, occurred on the Wirral line service at Liverpool’s Lime Street station and has caused confusion over the government’s guidance.
The video shows the officer telling the man to wear a mask, only for him to fight back, saying that he doesn’t have to wear one due to a ‘medical condition’.
The officer continues to insist that the man put on a mask or get off the train, however he refuses, sparking a violent fight in which he was eventually pepper sprayed.
It comes amid concerns that the police have abused the additional legal powers granted to them during the Covid-19 pandemic, as well as confusion regarding the government’s guidance.
After the incident, Vicki Prais, an independent human rights consultant, said: “The government guide sets out a clear provision for exemptions from wearing a face mask, even for health-related reasons.
“In addition, the guide provides for exemption cards that people can carry with them, if they wish, but are not required to do so.
“The measures deployed by the police in this instance appear to be a disproportionate response to the incident. In the first instance, the police should have questioned the individual more about his state of health and the reasons for not wearing a mask. “
In the video, the man resisting arrest is seen saying: “The law does not allow you to touch me. I don’t have to put on a mask, in the end, and you don’t have to challenge me. It’s against the law to challenge me. “
The officer gives the man a final warning before telling him, “You’re getting off [the train]. “
Then he grabs the passenger’s arm, as he resists yelling, “Who the hell do you think you’re grabbing?”
A fight ensues and the man fights with the officer, who threatens to pepper him, while other passengers protest: “He has done nothing wrong. Medical condition.”
Then the officer tries to spray the passenger, who protects his face, but cannot and calls for reinforcements on his radio.
The passenger continues to resist arrest, and as more officers rush to help, the man’s friends accuse the officer of abusing his power and call him a “bully,” before he manages to handcuff one of the man’s wrists. suspect.
When reinforcements arrive, several officers are seen struggling to put the man in handcuffs, as he yells, “This is why I don’t wear my mask.”
He is finally subdued and led off the train, while other passengers demand to know the name of the officer who arrested him.
A BTP spokesperson said: “A man has been charged with threatening behavior and assaulting a police officer on a Merseyrail train to Liverpool Lime Street station.
“The incident occurred around 3.20 pm on Wednesday, September 2. The officers had responded to a report of a man coughing two passengers. “
The spokesperson added that the man is due to appear in court in January 2021 and that Pava’s spray was extracted and discharged, yet it never connected with the man.
The force said that people with medical conditions do not need and will not be asked for evidence and that the Force’s Professional Standards Department has received a complaint regarding the incident and is currently under evaluation.
