Restaurant tries to survive amid governor's shutdown orders
SPOKANE VALLEY — Despite 447 coronavirus-related complaints about businesses in Spokane Valley between Oct. 1 and Dec. 15, at least one local entrepreneur is keeping his doors open for inside eating and drinking.
The Black Diamond owner Brandon Fenton said his decision was the right move, despite threats from the state Liquor and Cannabis Board
The tavern at 9614 E. Sprague Ave. is among several statewide that have reopened in defiance of Gov. Jay Inslee’s shutdown orders.
“We’re open and it’s been busy every day and night,” Fenton said. “The community has been great.”
For Fenton, keeping the tavern open isn’t only about business. It’s also about community and his employees.
The entrepreneur temporarily shut down earlier this year, but reopened when it became apparent his employees were suffering. Business has picked up enough that he was able to give them bonuses.
Patrons stepped up to support their servers, too.
“Our servers are getting outrageous amounts of tips to make up for the lack of work,” he said.
Fenton said only a “small, small percentage” of area residents have spoken up about the business being open.
“I’ll respect their decision as long as they respect mine,” he said.
Among his detractors are public employees working for the Liquor and Cannabis Board.
Fenton said officer Kevin Lillard notified him the board had an officer visit the establishment about two weeks ago and allegedly found violations of the governors orders, but hasn’t heard anything since.
“If we were such an actual threat to safety to the public, you’d think they would act immediately,” Fenton said.
While the liquor board’s efforts haven’t persuaded Fenton to close down inside service, it has affected the decision of another business.
Norman and Carrie Thomson had planned to reopen their business, Stormin’ Norman’s Shipfaced Saloon, 12303 E. Trent Ave., on Dec. 26, but are now waiting to see if the governor allows inside service Jan. 4.
The decided to wait the additional nine days to reopen after being threatened by a Liquor and Cannabis Board employee, Carrie Thomson said.
“They threatened us with threatening our license permanently,” she said.
The couple has owned the business less than three years and wants desperately to reopen, not just for themselves, but their employees.
Prior to the governor’s lockdown, they could operate at an indoor capacity of up to 83 customers, she said. Now, they’re lucky to have four tables available in the cold outside of their business.
That’s not enough to pay the bills.
“We’re operating negatively right now,” she said.
If Stormin’ Norman’s were allowed to operate at 50% capacity, Thomson said they could limp through the pandemic. But with only three tables, the future is bleak if restaurants and taverns aren’t allowed to reopen indoor services very soon.
Thomson said her and her husband have sought legal counsel and are in the process of trying to determine if it’s worth the legal expense to reopen.
That’s something The Black Diamond’s owner has already done.
“We have spoken with our lawyer and will wait and see what or if they (the liquor board) do things,” he said.
In the meantime, he thinks time is on his side as more and more businesses reopen and judges wake up to the unconstitutional overreach of gubernatorial shutdowns in states across the country.
He also noted that science is on the side of eateries that reopen.
“How is a family sitting at a table a threat,” he said.
Fenton said mandates that shut down dining inside a brick-and-mortar building while allowing a fully enclosed lack scientific evidence — and common sense.
“Where is the science showing a fully enclosed tent is safer,” he said. “Outdoors is basically indoors.”
For his part, Fenton said The Black Diamond is following sanitation and spacing guidelines.
Fenton and Thomson are part of a growing number of restauranteurs statewide trying to survive.
Besides the financial difficulties the restaurants face, the state is allowing anonymous complaints to be filed against businesses for alleged violations of coronavirus orders.
The Black Diamond and Stormin’ Norman’s have each been the subject of three coronavirus complaints filed anonymously between Oct. 1 and Dec. 15 with the Washington Department of the Military, which is maintaining the so-called “Snitch List” at the governor’s behest.
Statewide, more than 18,000 complaints have been filed during that same period.
But while the complaints are piling up, more businesses are fighting back against the governor’s orders.
In the Tri-Cities, Koko’s Bartini, Kimo’s Sports Bar and Brew Pub, Barley’s Brewhub, Havana Café and Shakey’s Pizza have all publicly reopened. West of the Cascades, restaurants and taverns have also publicly reopened in Chehalis, Olympia and Vancouver.
In many small towns, restaurants and taverns are operating in an almost speakeasy-like style. Windows are covered, the open sign is turned off and entry is through a backdoor, with only locals and known customers allowed inside.
Fenton hopes more restaurants and taverns trying to fly under the radar join him in opening publicly.
“Fight for your business; fight for your dream. Fight for your employees,” he said. “If we all band together and open, there is nothing they (state agencies and the governor) can do. We have the power, we just need to exercise.”
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