St. Louis County Public Health Department co-director Spring Schmidt {answers|responds to|addresses} {a question|a concern} as St. Louis County Executive Sam Page listens {during|throughout} {a press conference|an interview} on March 9. {Photo|Picture|Image} by Colter Peterson, cpeterson@post-dispatch.com!.?.!. Jeremy Kohler CLAYTON– The St. Louis County Department of Public Health {has|has actually} {sent|sent out} {certified|accredited|licensed} letters to {three|3} {dozen|lots} bars and {businesses|companies|services|organizations} in {recent|current} days, {ordering|purchasing|buying} them to {cease|stop} indoor service or face {lawsuits|suits|claims} or criminal charges.
24 November 2020
And 11 of those {establishments|facilities} {have|have actually} {already|currently} gotten {a second|a 2nd} {notice|notification} from the county. The letters assert {the businesses|business} {are subject to|go through|undergo} both civil actions and criminal {penalties|charges} for {violating|breaking|breaching} the county’s”safer-at-home”order, which {went into|entered into} {effect|impact|result} on Nov. 17 with broad {restrictions|limitations|constraints} on leaving {home|house}, {dining out|eating in restaurants} and other activities. The order {halts|stops} indoor dining and {restricts|limits} {bars and {restaurants|dining establishments}|{restaurants|dining establishments} and bars} to takeout food and {delivery|shipment} or {outside|outdoors} seating.
County Executive Sam Page has {said|stated} the {measures|steps|procedures} were {necessary|required|needed|essential} to stop a late-fall {surge|rise} in coronavirus cases {across|throughout} the {region|area} that {have|have actually} {placed|put|positioned} {hospitals|medical facilities|healthcare facilities|health centers} and medical {workers|employees} under {immense|enormous|tremendous} {stress|tension}.
{{But|However} one bar owner who {received|got} a letter {said|stated} she’s {ignoring|disregarding|neglecting|overlooking} the letter.
| One bar owner who {received|got} a letter {said|stated} she’s {ignoring|disregarding|neglecting|overlooking} the letter.
}”I’m {staying|remaining} open and there are {several|a number of|numerous} bars around me that are doing the {same|exact same|very same} thing,” {said|stated} Kathy Collins, owner of Ashby {Pub|Bar|Club} in St. Ann. She {bought|purchased} the {neighborhood|community|area} {pub|bar|club} {just|simply} a year {ago|back|earlier} and {already|currently} {endured|withstood|sustained} {a painful|an unpleasant|an uncomfortable|an agonizing} shutdown {earlier|previously} this year. “If we close this time, there {won’t|will not} be another opening, ever.”
Collins {said|stated} there was “no {proof|evidence} we are {causing|triggering} COVID to {spread|spread out}. All of my {friends|buddies|pals|good friends} that own {local|regional} bars, we are taking every {precaution|safety measure|preventative measure} that we {possibly|potentially|perhaps} can and are keeping {people|individuals} as safe as possible.”
{Overall|In general}, county health inspectors made 78 {visits|check outs|sees} to 65 {restaurants|dining establishments} {between|in between} Wednesday and Monday in {response|reaction|action} to {tips|suggestions|ideas|pointers} about {violations|infractions|offenses} of the county health order, according to inspectors’ notes. {In the cases|In the events} that {generated|produced|created} letters, inspectors {had|had actually} noted they {witnessed|saw|experienced} {violations|infractions|offenses} of the health order.
Authorities {immediately|instantly|right away} {forced|required} {a business|a company|a service|an organization} to close in one case: The University City {police|authorities|cops} {shut down|closed down} Hookah Hide Away {Cave|Cavern} and Lounge on Nov. 18.
The first-notice letters, signed by acting co-health director Spring Schmidt, {informed|notified} the owners that {operating|running} {a business|a company|a service|an organization} in {violation|infraction|offense} of a health order {could|might} {result in|lead to} {civil actions and criminal {penalties|charges}|criminal {penalties|charges} and civil actions}. {Violating|Breaking|Breaching} a health order is a class A misdemeanor punishable by {a term of|a regard to} {imprisonment|jail time} of {up to|as much as|approximately} a year or a fine of {up to|as much as|approximately} $2,000. And, Schmidt {wrote|composed}, noncompliance {may|might} disqualify {the business|business} from future {financial|monetary} {benefits|advantages}.
“I direct you to {immediately|instantly|right away} {correct|fix|remedy} all {violations|infractions|offenses} of the Order,” the first-notice letters {said|stated}. “Failure to {comply with|adhere to|abide by} this {directive|regulation|instruction} {may|might} {result in|lead to} DPH’s issuance of {a show|a program} cause order for closure of your {business|company|service|organization} or other legal action to {enforce|impose|implement} compliance.”
If {a business|a company|a service|an organization} {wanted to|wished to} {dispute|contest|challenge} that it {had|had actually} {violated|broken|breached} the order, Schmidt {wrote|composed}, it {should|ought to|must|needs to} {{contact|get in touch with|call} the county and {explain|discuss|describe}|{explain|discuss|describe} and {contact|get in touch with|call} the county} why.
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{not clear|unclear} what the health department {said|stated} in the {second|2nd} {notices|notifications}.
In 29 other cases when inspectors {visited|went to|checked out} {businesses|companies|services|organizations} {suspected|thought|presumed|believed} of {violating|breaking|breaching} the health order, inspectors {found|discovered} no {violation|infraction|offense}. In those cases, the inspectors {may|might} have {delivered|provided} {a notice|a notification} that {a complaint|a grievance|a problem} {had|had actually} been {received|gotten}, health department {spokesman|spokesperson|representative} Christopher Ave {said|stated}.
In a handful of cases, the inspectors {found|discovered} {a restaurant|a dining establishment} {had|had actually} {an expired|an ended} health department license.
The county {has|has actually} {made good|made great} {before|previously|in the past} on {threats|risks|dangers|hazards} of legal action. Its {lawyers|attorneys|legal representatives} in {May|Might} {filed|submitted} {a lawsuit|a suit|a claim} in St. Louis County Circuit Court and {obtained|acquired|got} {a restraining|a limiting} order {forcing|requiring} {two|2} {fitness centers|gym} to close.
{Many of|A lot of|A number of|Much of} the {restaurants|dining establishments} were {among|amongst} the {same|exact same|very same} {establishments|facilities} that are {suing|taking legal action against} the county {seeking|looking for} to {block|obstruct} the Page administration’s suspension of indoor dining.
The {suit|fit|match} {says|states} that by {issuing|providing|releasing} the {latest|newest|most current} public health order, which {went into|entered into} {effect|impact|result} Tuesday, Page and the health department have “{usurped|took over} the County Council’s shared democratic functions in {violation|infraction|offense} of the separation of powers” and “{allows|enables|permits} them to {avoid|prevent} procedural safeguards, such as {a notice|a notification} and {comment|remark} {period|duration}.”
{Last week|Recently}, {Associate|Partner} Circuit Judge John R. Lasater {denied|rejected} the {restaurants|dining establishments}’ {request|demand} to cancel the {ban|restriction} on indoor dining, {writing|composing} that he {believed|thought} “public interest is {best|finest} served {right now|today} by {denying|rejecting} this {restraining|limiting} order.”
{{But|However} he has yet to rule on whether the power to {impose|enforce} {restrictions|limitations|constraints} {legally|lawfully} rests with the council, as the {suit|fit|match} {contends|competes}.
| He has yet to rule on whether the power to {impose|enforce} {restrictions|limitations|constraints} {legally|lawfully} rests with the council, as the {suit|fit|match} {contends|competes}.
} Timothy Belz, {a lawyer|an attorney|a legal representative} for the {restaurants|dining establishments} in the {suit|fit|match}, {said|stated} the county {sent|sent out} {some of|a few of} his {clients|customers} letters {even though|although|despite the fact that} they {had|had actually} not opened their {dining rooms|dining-room}.
“And they were threatened with this {criminal prosecution|prosecution}, which is {really|truly|actually} outrageous {because|since|due to the fact that} there is {no way|no chance|no other way} you can prosecute {someone|somebody} criminally under this order,” he {said|stated}. “It’s beyond the pale to be threatening {criminal prosecution|prosecution} when you can’t {make good|make great} on it.”
Collins, who owns the Ashby {Pub|Bar|Club}, {said|stated} she {knew|understood} the {potential|capacity} for legal {trouble|difficulty|problem}. “They can fine me, I’m {told|informed}, or {give|provide|offer} me a year in {prison|jail}, or both. {{But|However} we{‘ve| have actually} {also|likewise} heard that (St. Louis County Prosecuting {Attorney|Lawyer}) Wesley Bell {won’t|will not} prosecute any bar owner.”
| We{‘ve| have actually} {also|likewise} heard that (St. Louis County Prosecuting {Attorney|Lawyer}) Wesley Bell {won’t|will not} prosecute any bar owner.”
} That wasn’t clear. Bell {said|stated} in {a statement|a declaration} that Page {had|had actually} put the health department in charge of {investigating|examining} {violations|infractions|offenses} and the county {counselor|therapist} would pursue {violations|infractions|offenses} as a civil matter.
“The county {counselor|therapist} and all {law enforcement agencies|police} in the county {know|understand} the {procedure|treatment} to follow if they {want to|wish to} pursue criminal charges,” Bell {said|stated}. “No application for criminal charges {have|have actually} {been presented|existed} to our {office|workplace} pursuant to the Safer {at Home|in your home|in the house} order at this time. {{But|However} we {would like to|wish to|want to} {emphasize|highlight|stress}: these are {reasonable|sensible|affordable} public health {restrictions|limitations|constraints} {imposed|enforced} at a time of {genuine|authentic|real} crisis.”