An incident involving Edward’s Café owner Mike Beneke and customer Lloyd Meier will not be pursued by the Marion County attorney.

A report of the July 26 is being filed by Marion police.

There either is not enough evidence or there is too much conflicting evidence for a county case, according to Karen Selznick, an assistant to county attorney Joel Ensey.

Beneke refused Meier service and wanted him to leave because Beneke thought Meier was not practicing proper social distancing.

Meier does not wear a mask because he is hard of hearing and it is difficult to breathe while wearing one.

Beneke pulled Meier’s chair back since Meier did not leave.

Having the chair pulled out from under him injured Meier’s back to the point where he needed X-rays, Meier said.

Beneke contends he pulled Meier’s chair back but did not touch or hurt Meier.

Meier said part of the issue was that he earlier had called Kansas Department of Transportation because several signs, including the café’s sign and several political ones, were in the right-of-way next to Edward’s.

All signs in the right of way, including those for Novak, Beneke, and other candidates, were removed or moved from the right of way by KDOT. The sign for Edward’s Café was moved in from the road to be off state land.