Paul Duffy invested a lot of money in big heaters and sealing the patios of his restaurant, Mike Duffy’s Pub & Grill so that customers will be warm while dining outside. The measures are part of his plan to work around COVID-19 regulations.
“We use bleach, which kills everything and creates a safe environment,” Duffy told the St. Louis Record. “We adhere to the rules but we don't like the restrictions.”
On Nov. 12, a Safer at Home Order, which bans indoor dining, was signed and issued by Emily Doucette, acting director, and chief medical officer of the St. Louis County Department of Public Health. The new restrictions were in response to a spike in the number of coronavirus cases, according to media reports.
“We haven’t had to lay off any workers but their hours have been cut and they aren’t earning the money they were before COVID,” Duffy said of his father’s restaurant on Clayton Road in Richmond Heights. “That's been the tough part. Obviously, they depend on us to keep them employed and to bring customers in to pay and tip them.”
As of Dec. 13, there were 14,211 coronavirus cases and 270 deaths statewide, according to the Missouri coronavirus dashboard.
Mike Duffy’s Bar & Grill, a family-owned restaurant, is among some 40 St. Louis County restaurants that have filed a lawsuit against Doucette, St. Louis County, and County Executive Sam Page in an attempt to overturn St. Louis County’s prohibition on indoor dining.
“We think that the County Executive is overstepping his boundaries,” Duffy said in an interview. “We’re trying to do business in St. Louis County and he's made it very difficult for us to do that. We have a constitutional right to be able to conduct business and the County Executive has never presented evidence that shows the virus is spreading in restaurants.”
After Associate Circuit Court Judge John Lasatar ruled against the bar and restaurant owners’ in the lawsuit, they filed a petition for an extraordinary writ of mandamus and the Missouri Court of Appeals ordered Lasatar to respond.
“Respondents admit that, as part of the holistic scheme to contain the ongoing pandemic embodied in the 'Safer at Home Order,' all restaurants in the County must close their dining rooms to indoor dining at the present time. Respondents further admit that the Safer at Home Order encourages residents to remain in their homes with certain express exceptions,” attorney Lewis Rice wrote in the reply brief on behalf of Judge Lasater, St. Louis County, Dr. Sam Page and Dr. Emily Doucette.
Rice did not dispute the plaintiff’s accusation that the Safer at Home Order threatens restaurant and bar owners who violate the mandate with criminal penalties, civil penalties and even forced closure.
“Respondents admit only that, under the authority of law and after repeated warnings to non-complying restaurants, inspectors from the Department of Public Health visited Bartolino’s South and Satchmo’s (among other non-complying restaurants), and upon visual confirmation of continued violations of the 'Safer at Home Order,' ordered the restaurants to shut down,” Rice stated in the Dec. 9 answer brief. “Respondents admit that some Relators are complying with the 'Safer at Home Order' and some Relators have not complied. Respondents also admit that some non-complying Relators have had their restaurant permits suspended or revoked.”
Other plaintiffs in the lawsuit include the Missouri Restaurant Association, The Cross Restaurant, Citizen Kane’s Steakhouse, Syberg's Eating and Drinking Company, Helen Fitzgerald’s and the Shack Restaurant Group.