For some businesses, it’s defy or die
Hit with another shutdown, some will comply and hope to survive; others say they can’t take the chance
Christopher Valianatos spent more than $10,000 making his Bethlehem restaurant safe for customersduring the coronavirus pandemic. Plexiglass partitions were installed between booths, and he bought four machines to purify the air, plus one that he hooked up to the heating system. His brother-in-law even paid $2,000 to have the restaurant’s air tested. The result, he said: 99.1% germ-free.
“We’ve done everything we could,” said Valianatos, owner of Borderline Family Restaurant.
But his restaurant, and others across thestate, havebeenordered to cease indoor dining as part of a three-week set of restrictions geared toward stem ming the rapid spread of COVID-19 in Pennsylvania. The restrictions, which go into effect Saturday and expire Jan. 4, also temporarily idle casinos, gyms and high school sports, among other things.
Lehigh Valley businesses were considering what to do Friday, expressing frustration at the restrictions that could permanently shutter many of them — especially without any government-backed financial relief in sight.
Steve DiDonato of Bethlehem, a wine importer and spokesman for the Lehigh Valley Restaurant Owners Alliance, said owners are confused, angry and panicked, with many of them weighing — quietly — whether they should comply with the order or stay open and live with possible state enforcement.
“It’s either they do what they have to do and take the conse
qu en c es or closeup shop and lose everything they have ,” DiDonato said. “It’s a tough decision.”
Agencies such as the state police, Liquor Control Board and the departments of state, health and agriculture have enforcement power. County and municipal health agencies may also enforce the orders.
Allentown Health Bureau Director Vicky Kistler said the vast majority of establishments in the city have been doing all they can to contain COVID19 while operating within the state’s restrictions.
In instances when businesses have fallen short, the bureau’s response has been to help them comply with requirements for distancing and physical barriers between staff and patrons.
“In extremely rare occasions, we have had to force that compliance with a fine, and we will continue to do that ,” Kistler said.
The bureau has responded to 152 complaints about COVID-19 issues but has issued only 13 tickets, she said.
“We’re trying to do all we can to support these businesses in this difficult time ,” she said .“We want to be mindful of the fact that it isn’t easy.”
Gov. Tom Wolf said much the same Thursday when he announced the restrictions. He called the situation dire, stressing that he’d rather not have to tighten restrictions, butthat the coronavirus case surge had forced the issue.
State agencies said Friday they have found the majority of residents are doing their part to keep themselves and others safe since the pandemic began. The state’s focus so far has been on educating the public about COVID mitigation measures with an emphasis on personal responsibility, but that may nowchange.
“Now, seven months into the pandemic, the commonwealth is reviewing its enforcement mechanisms and is prepared to take more strict enforcement actions on chronic violators, because it is imperative that we save lives and protect the public by ensuringall necessary mitigation efforts are being followed,” a statement issued by the state police and Department of
Agriculture said.
Since July, state police Bureau of Liquor Control Enforcement officers have conducted nearly 60,000 compliance checks and issued 1,804 warnings and 403 notices of violation to non-compliant businesses. Whenstate police issue acitation, the liquor control board is notified, and depending onthe gravity of the violation, the board could suspend the establishment’s liquor license. Further violations could put the license at risk.
The Department of Agriculture also responds to complaints about COVID19 compliance as part of its restaurant inspection process, though violations are rare. Last week, the department inspected 595 restaurants but issued only one warning and one violation notice. Repeated violations can result in criminal charges, the department said.
Some businesses didn’t hesitate to make their defiance known.
Ed Frack, owner of SuperSets in Hanover Township, Lehigh County, said Friday his gym will stay open despite the order. Bethlehem’s Seven Sirens Brewing Co. posted on Facebook on Wednesday, before the order was announced, that it would not comply with any shutdown order. The brewery opened just 28 days before the pandemic hit this year.
“With your help, we have gotten this far but another shutdown just isn’t an option for us,” Seven Sirens said in its post. “We, and thousands of other small businesses throughout the country simply will not survive. We are not downplaying the severity of this virus, this is adecision based solely onwhatis best for our families in a time of emergency.”
Among other things, affected businesses were dreading the inevitable conversation they must have with their employees.
“I just wanted mywaitresses and my workers to have a half-decent Christmas,” said Valianatos, whoserestaurant employs 27.
He said he will have to lay off 20 of those staff members due to the order, which means he will have to revert to gift card sales and curbside pickup.
Borderline, hesaid, is nolongerdoing outdoor seating, because the tent, at $2,000 a month, became more than the business could afford. The last three weeks, Valian atos said, have been slow, and the restaurant was flooded with cancelations for Thanksgiving. He said he’s “hanging on with a thin rope.”
With the order, Valian atos said he may try too perate this weekend, giving his waitresses one more chance to earn money.
“I’m still upi n the air,” hesaid Friday. “I might just try to do Saturday and Sunday and then Monday do take outs .”
Mark Paden, who owns Back to the Arcade in Allentown, is in a similar boat.
At his arcade, a four-employee operation in Merchants Square Mall, Paden said the 48 machines are wiped down every 10 minutes. He also has four machines that circulate the air inside. Masks are required.
“Of course the virus is real, andthat’s why I work so hard keeping it clean,” Paden said.
What bothers him, is that the governor’s order groups all businesses together, regardless of whether or not they’re taking precautions.
“Lots of us are paying for the sloppiness of others who don’t comply,” Paden said. “To be grouped as a whole, it doesn’t border on being fair and could be the final death blow for small businesses, I believe.”
He opened the arcade about two years ago, a business that features games from the 1980s and 1990s mixed with a few new ones. It operates without coins or tokens, and the all-day price of admission is $5 for children and $10 for adults, providing the type of cheap entertainment that many need during a cash-draining pandemic, Paden believes.
Before the coronavirus, his arcade was booking parties two months in advance. And since the first shutdown earlier this year, Pad en said the business has been clawing its way back.
“I probably will comply, but not without a huge amount of frustration in the long run,” he said. “I don’t knowif I can survive another shutdown.
“I just have a bad feeling that in three weeks, he’s going to extend it.”