SUBLETTE COUNTY – A court fight between Enterprise Products, which mandated employees must wear masks and get COVID-19 vaccines, and a longtime employee who refused to do either and was denied a religious exemption, took a smaller step than anticipated last week.

The Oct. 13 hearing before 9th District Court Judge Marv Tyler was to hear both sides argue over Enterprise’s motion to dismiss the civil suit filed by terminated employee Benjamin D. Crosland.

Crosland, who represents himself, filed his civil complaint Sept. 7 in 9th District Court, saying Enterprise officials discriminated against him and his religious beliefs by refusing to make accommodations and then firing him.

He first filed his “Affidavit of Declination for Offer of Vaccine Product and Mask,” claiming Enterprise had discriminated against him by not allowing him to drive a company vehicle without getting a vaccine or wearing a mask based on his religious beliefs. Crosland suggested he use one of numerous empty vehicles as a solution, which Enterprise said he could not do without wearing a facemark for others’ safety, according to court records. 

On July 26, a higher-up sent out a memo to Enterprise employees: “Not getting vaccinated is a personal decision and a risky decision – risky not only to you but also to your family, friends and coworkers. If the decision to not get vaccinated is not based on medical or religious reasons, it is also selfish. No matter the reason, if you are not vaccinated, you have an obligation to others to wear a mask. A good mask!”

Crosland said he requested a religious exemption, which was denied. On July 28, he filed a civil cover sheet advising he was seeking damages of $100 million from Enterprise

For 13 years, Crosland said in his suit, Enterprise trained him to test and verify healthy oxygen and carbon dioxide levels for himself and coworkers and that Crosland told Enterprise officials that wearings a mask puts him at a too-low oxygen level and too-high CO2 level.

After the July 26 memo, Crosland said vaccinated employees received paid time off and other benefits not available to unvaccinated employees.

The suit makes four claims – first that he was denied his federally protected rights, that he was wrongfully terminated due to discrimination, wage discrimination, and that Enterprise “recklessly endangered” his health – with $3 million sought for each claim.

On Sept. 27, Enterprise filed an amended motion to dismiss, saying Crosland had not “exhausted available and mandatory administrative remedies” for claims that he was wrongfully terminated from discrimination and underwent wage discrimination. He would have to follow remedies in the Civil Rights Act and Wyoming Fair Employment Practices Act before filing a suit in court.

“To the contrary, he initiated this legal action before he was even terminated,” the Enterprise motion says.

Crosland’s first claim refers to a criminal, not civil statute, and “‘reckless endangerment’ is not a recognized civil claim,” the motion says. 

At the Oct. 13 telephone hearing, Judge Tyler asked Crosland to update his contact information and file his prepared reply to the Enterprise motion, which he did.

“On Sept. 7, 2021, (Crosland) filed (a) complaint because Enterprise Products violated his God given rights,” he wrote. “… When I was dismissed they had an inventory more than 15 pickups that were not being used. It would not have cost them extra monies to assign one to me so I could make my rounds in the desert.”

Crosland said he was “a loyal company employee” who for three to five of the 14 years he worked for Enterprise, “worked more overtime for them than every employee in Sublette County” and he would drop everything if Enterprise called.

As to his not exhausting other available remedies – “At this time of tyranny I thank God for the first amendment of the United States of America, ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof … and to petition the Government for a redress of grievances.’”

By acknowledging Crosland’s “religious objection to wearing a mask and taking the vaccine,” the argument he is an “at will” employee does not apply, the reply states. “They fired me for not participating in Enterprise company policy.”

Further, Crosland said, “Enterprise has gone out on a limb by establishing their own Covid 19 policies that “discriminate against their own employees.”

Crosland repeated that his “job was to sniff for oxygen and CO2 levels every day at work for 14 years” and that he is an expert in testing their levels.

“When anyone wears an N95 mask, their oxygen level drops in the first two minutes from 21 percent to 18 percent,” he replied. “Within five minutes of wearing the mask, oxygen level is at 15 percent. OSHA had a policy that stated employers need to provide work environment of 19.5 percent. I can prove this to the court.”

By violating his rights, he continued, Enterprise “has violated God’s law and the rights the Constitution of the United States provide. … violation of God’s Law of denying his Breathe. In Latin, ‘spirit or spirits’ means breathe (sic).”

In closing, he quotes Job 33:4, Genesis 2:7, Timothy 3:16 and Psalms 150-6 – “Let everything that hath breath praise the LORD. Praise ye the LORD.”