In an email we obtained from an anonymous source, we learned that the Pennsylvania Department of Agriculture is threatening to fine and close businesses that continue to offer indoor dining despite the recent state mandates.
The email, which can be read in its entirety below, specifically states the following;
The Department of Agriculture will be enforcing these Orders and will be inspecting facilities that are reported to still be operating indoor dining in violation of the Orders. Failure to comply with the Orders will result in action taken against your business, including immediate posting of a closure notice.
Whether or not the department acts on these comments has yet to be seen. We will keep you updated on any further information as it becomes available.
You can read the full email below.
Dear Restaurant Owner:
This email confirms that the Pennsylvania Department [of] Agriculture’s Bureau of Food Safety and Laboratory Services has reason to believe that your business may be operating in violation of the Governor’s and Secretary of Health’s Limited-Time Mitigation Orders. Under these orders, all in-person dining at businesses in the retail food services industry, including bars, restaurants, and private catered events is prohibited from December 12, 2020 through January 4, 2020. These Orders are mandatory, and all applicable businesses must follow the standards set forth in the Orders, which are issued under the Disease Prevention and Control Law (Act) and are enforceable under that act. These businesses may still operate takeout and at 50% capacity for outdoor dining. More information and Frequently Asked Questions for the Governor’s and Secretary of Health’s mitigation, enforcement and immunity orders and limited time targeted mitigation orders can be found here.
Your decision is troubling in that it runs counter to the mitigation efforts others throughout the entire Commonwealth are engaging in, places individuals at risk of harm and greatly increases the likelihood of spreading COVID-19.
Across the commonwealth, hospitals are nearing capacity due to the recent surge of COVID-19. At this point in time, the entire state is engaged in rigorous mitigation efforts. Your business is adversely affecting those mitigation efforts, putting yourself, your employees, and your community at risk.
The Department of Agriculture will be enforcing these Orders and will be inspecting facilities that are reported to still be operating indoor dining in violation of the Orders. Failure to comply with the Orders will result in action taken against your business, including immediate posting of a closure notice. Refusal to comply with a closure notice may lead to a notification for assistance to local law enforcement or the Pennsylvania State Police, who are also authorized to enforce the Orders. We urge you to join your fellow Pennsylvanians who are cooperating with the time-limited Orders to combat this surge of COVID-19. Unless you do so, you will leave us with no choice but to take additional action.
Many insurance policies contain provisions that exclude coverage for businesses or individuals engaging in illegal acts or conduct. These exclusions may apply to property coverage, liability coverage, advertising injury coverage, and a host of other essential coverages. In addition, state support for COVID-19 relief for businesses will be provided to those businesses that comply with the Orders.
We urge you to immediately comply with the Orders and close your indoor dining operation until January 4, 2021. Unless you do so, you will leave us with no choice but to take additional action, including citations, fines, and any and all legal remedies available to enforce the Orders.
