In response to Mossyrock’s recent ordinance saying the city “will not recognize” Gov. Jay Inslee’s newest COVID-19 restrictions, Inslee’s spokesperson had a simple message: “Local ordinances do not supersede state law. State restrictions remain in effect statewide.”
County Prosecuting Attorney Jonathan Meyer said the same thing, calling the ordinance “not legal,” during a county meeting Tuesday.
But more Lewis County businesses are deciding to buck Inslee’s orders, which aim to stamp down the surging virus that has killed over a quarter of a million Americans. Rod Samuelson, for example, opened his restaurant, Spiffy’s, for indoor dining on Monday in violation of the state order. In an interview with The Chronicle, he said he wasn’t necessarily spurred by Mossyrock, but that yes, “there’s safety in numbers.”
Now, the county Prosecuting Attorney’s Office says that Mossyrock and Spiffy’s could reflect poorly on the county, and undermine its efforts to reopen. On Tuesday, Meyer urged commissioners to act.
“The board has to decide. Does it want to be proactive in addressing these issues such as Mossyrock and Spiffy’s, or just kind of let sleeping dogs lie and let the state move, and obviously that’s a poor decision,” Meyer said.
The concern is that Mossyrock’s — and local businesses’ — outright refusal to comply with state laws could draw negative attention from the governor’s office. If the state returns to a phased reopening strategy, county officials fear that local resistance could make the governor’s office hesitant to advance the county into a less restrictive phase.
Eric Eisenberg, chief civil deputy prosecuting attorney, explained that in order to “show that we’re worthy of more lenient treatment,” the county may have to show that residents and businesses will actually comply with those looser restrictions.
Continuing to support local entities defying state law could also get the county into hot water. Giving CARES Act funding to those openly violating restrictions could result in an audit finding against the county, said civil deputy prosecutor Amber Smith, noting that the county’s previous rounds of grants to businesses stipulated that recipients comply with state and federal law.
“That could be very problematic for the county. Especially because it’s easy to see what businesses aren’t complying,” Meyer said.
Frustration is Growing, But is Defiance?
After passing Mossyrock’s legally dubious ordinance, Mayor Randall Sasser said he hoped other small towns would follow suit. But businesses in Mossyrock are still hesitant to open, as they could be slapped with major fines from Labor and Industries (L&I), the Liquor and Cannabis Board (LCB) or other state agencies.
It’s why Winlock Mayor Brandon Svenson said his city won’t be joining Mossyrock, even though Svenson himself is a staunch critic of the mask mandate and other COVID-19 restrictions. On Tuesday, Svenson said residents have been asking him to pursue a similar ordinance. But since it would offer businesses little legal protection, he’s not considering it.
“At this time, it’s not worth the paper it’s written on,” he said.
Yet others are casting aside fears of fines, not only defying state law, but being vocal about it. Samuelson, for example, reached out to multiple radio stations, Fox News and other outlets after reopening for indoor dining — currently prohibited in the state — on Monday. He said business owners from across the state heard him on The Dori Monson show on KIRO and have been calling him, saying they’re ready to reopen indoor dining as well.
“There’s a number of restaurants that are certainly considering it, and I think we might be the catalyst to get them off the dime to do it,” Samuelson told The Chronicle.
He said Monday’s event was an overwhelming success, raking in 10 times as much revenue as he anticipated. He said people like him are fed up with restrictions that seem to single out restaurants.
“People have had it. Enough is enough. We’re making a stance here,” he said. “We’re probably one of the last mom and pop restaurants from Canada to Mexico.”
Samuelson also mused with a conspiracy theory that COVID-19 numbers are being inflated in order to enrich doctors.
When asked if he’s concerned about L&I, the LCB or other state agencies doling out fines, Samuelson said he has a “plan b,” but wouldn’t give details. “It’s not going to be violent,” he said, noting that people have already donated hundreds “in case we end up in a legal battle.”
And the possibility of state agencies cracking down is a real one. Mossyrock restaurant owner Alicia Thornton said Monday that LCB officers confronted her last week for failing to enforce the mask mandate in-shop. Svenson also confirmed that officers have been visiting Winlock businesses to address pandemic-related restrictions.
Other businesses have also said they plan to defy the state orders. Roxy Cupp, owner of the Brown Shack Tavern in Salkum, said last month she planned to “stand strong to our freedom and liberties,” and remain open for sit-down customers.
Maytown’s Farm Boy Drive-In Restaurant announced on Facebook that it would reopen Wednesday for dine-in customers as well.
“We expect repercussions from our governor, but the repercussions from Farmboy Drive In, with your help, may not be what he expects,” the social media post reads. “We’ve been in business for 40+ years with multiple family generations working here. As we continue to feed your families we have to feed our own. Please send Governor Inslee a note or call requesting his decision to change from shutting down restaurants and other affected businesses.”
Moving Forward
While frustration with pandemic restrictions is growing, complaints are also coming into the prosecuting attorney’s office about residents and officials failing to enforce said restrictions. In asking county commissioners to respond to Mossyrock, Spiffy’s and a growing resistance to restrictions, Meyer noted that the county will face criticism regardless of its decision.
“If nothing is done, it could draw a negative light from the governor’s office. If something is done, it could draw a negative light from the public,” he said. “So this is really a catch 22. Either way there’s going to be blowback from somebody.”
While deciding how to address Mossyrock and Spiffy’s, the county could also consider alleviating residents’ frustrations by appealing to the governor’s office directly, and asking for restrictions to be loosened.
Kittitas County did just that in a recent letter to Gov. Inslee, citing successful reopening of schools and arguing that Inslee’s across-the-board mandates “lack recognition of our unique approach and successes achieved.” The county is requesting to be “exempt” from recent restrictions. But Meyer cast doubt on whether such a request would work.
“The effect of such letter? I have zero confidence that it’ll affect the governor’s office in any measurable fashion.”
