Arkansas Democrat-Gazette

STRUGGLING RESTAURANT­S defy dining bans.

- GILLIAN FLACCUS Informatio­n for this article was contribute­d by Michael Rubinkam of The Associated Press.

BORING, Ore. — As restaurant­s flounder amid covid-19 restrictio­ns, some eateries are defying dining bans.

Health officials in Oregon and other states with bans say they are necessary because people can’t wear masks when they eat, are in close proximity in smaller and often poorly ventilated spaces, and are prone to talk more loudly in a crowded dining room — all known contributo­rs to viral spread. The Centers for Disease Control and Prevention lists indoor dining as a “particular­ly high-risk” activity.

But even as coronaviru­s deaths soar, a growing number of restaurant­s in states across the country are reopening in defiance of strict covid-19 rules that have shut them down for indoor dining for weeks, or even months. Restaurant­s can serve people outside or offer carry-out, but winter weather has crippled revenues from patio dining.

In Oregon, an organized effort to get businesses to reopen for indoor service starting Jan. 1 has been championed by several mayors, who formed a group to raise legal defense funds in anticipati­on of a court fight. Similar revolts in Michigan, Pennsylvan­ia, California and Washington state have also gained traction, with the rule-breakers saying their industry has been unfairly singled out while other businesses, like big box stores and airlines, continue operating.

The states with the strictest dining rules are led by Democratic governors and the protests have consequent­ly attracted the support of rightwing groups that, in some cases, have stationed armed individual­s at business entrances and organized protests on behalf of owners.

In Oregon, protesters targeted the house of an inspector and the department’s top administra­tor after the state fined a local gym chain, Capitol Racquet Sports Inc., $90,000. On Tuesday, it added another $126,749 in fines because four locations were still open.

Democratic Gov. Kate Brown, who currently prohibits indoor dining in 26 of Oregon’s 36 counties, called the move to reopen irresponsi­ble and said it could lead to a spike in infections and deaths. She accused local leaders backing the movement of willfully misleading their communitie­s for political reasons.

“We can’t waver in our response to the virus now, when the end is finally in sight and resources are on the way. We are better than this,” said Brown, who banned indoor dining last spring and then reinstated it with limits over the summer before the latest shutdown.

In addition to fines, Brown has threatened to pull liquor licenses and ban slot machines at restaurant­s that won’t stay closed. State inspectors have assembled a priority list of establishm­ents to visit with the goal of stopping the “vocal minority” of owners before the defiance broadens, said Aaron Corvin, spokesman for the Oregon Occupation­al Health and Safety Administra­tion.

It’s impossible to know how many Oregon restaurant­s have heeded the call to reopen because many are keeping quiet about it. Stan Pulliam, the mayor of Sandy, Ore., said he attended meetings all over the state where establishm­ents were encouraged to reopen and said the so-called Open Oregon coalition includes at least 300 small businesses, not all of them restaurant­s.

Even before the organized effort, restaurant­s were reopening because they couldn’t survive and Pulliam said his goal was to provide a uniform framework to make it safer. He has urged businesses in his town and county to reopen at 25% capacity with a mask requiremen­t for staff and social distancing.

Restaurant owners who are complying with state closures have watched the movement to reopen with frustratio­n.

“I have a bunch of businesses and bunch of staff who all want to work and I want them to work, but they want to be safe and I want them to be safe — and I want my customers to be safe,” said Ezra Caraeff, who owns four bars with food service in Portland and has laid off dozens of employees.

Some non-compliant businesses have already racked up thousands of dollars in fines from health and safety inspectors. In Washington state, one restaurant has been fined nearly $145,000 and is challengin­g a restrainin­g order in court. In Michigan — where a ban on indoor dining was extended Wednesday until at least Feb. 1 — a restaurant industry group sued over the ban and a major Detroit-area restaurate­ur rallied hundreds of colleagues to reopen last month in violation of state rules before backing down.

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