Whereas its battles with Calvary Chapel and California Ripped Health over hundreds of thousands of dollars in COVID-related well being fines have grabbed the headlines, Santa Clara County has been quietly pursuing authorized motion towards a handful of small companies which have refused to pay for their very own infractions.
Based on courtroom paperwork filed between October and March, the county is suing six different institutions in San Jose, Los Gatos and Sunnyvale for not paying fines starting from $13,200 to $43,450. The focused companies embody a therapeutic massage remedy facility, café, salon, packing provide middle, grill and hookah lounge.
The lawsuits allege that during the last two years, these companies violated public well being orders meant to stop the unfold of COVID-19 by failing to implement masks and social distance guidelines and by working throughout prohibited durations. The county additionally claims the companies got a number of warnings concerning the fines — and even provided choices — however repeatedly ignored them.
Of the eight lawsuits, these towards California Ripped Health and Monroe Hookah Lounge are the one ones which have been resolved, in response to the county counsel. On March 14, the San Jose health club, which had been sued for not paying greater than $1 million in fines, agreed to pony up about $300,000 over 10 years, courtroom paperwork present. California Ripped Health didn't reply to a request for remark, nor did an lawyer for Monroe Hookah Lounge, which was fined $14,850.
A minimum of two homeowners of the opposite six companies being sued intend to take the county on in courtroom.
James Griffiths, a San Jose salon proprietor who saved reducing hair early within the pandemic in defiance of county guidelines that banned non-essential companies from working, is being sued for not paying $20,350 in fines.
“I've each intention of combating all of them the way in which,” Griffiths stated whereas sitting inside his salon on South Market Avenue. Whereas the tremendous isn’t as massive as those who the county levied towards Calvary Chapel or California Ripped Health, he stated it's a sizeable quantity for a small enterprise like his. When requested why he selected to defy the county well being guidelines, he stated he disagreed with how the county went about deciding which companies had been important and which weren’t.
“Closing us down fully I believe was completely unfair,” Griffiths stated. “I simply don’t suppose it’s honest for Walmart, Residence Depot and the dirty liquor retailer down the road to have the ability to open, you recognize, as a result of they promote High Ramen.”
In its swimsuit, the county stated a number of letters and voicemails trying to contact Griffiths concerning the fines went unanswered.
“Regardless of the County’s diligent efforts, Defendants continued to disregard the County’s makes an attempt at assortment,” the swimsuit states.
Different enterprise homeowners being sued are contemplating paying at the least a portion of the fines.
Huy Banh, who runs The Grind Espresso Home in San Jose, stated he’s attempting to work with officers to pay someplace between 30% to 50% of the $13,750 he owes. In its swimsuit, the county alleges that Banh’s café saved indoor service operating when it wasn’t speculated to, wasn’t implementing masks guidelines and didn’t create sufficient area between tables for patrons.
Banh questioned how the county was going about its enforcement. “What concerning the huge companies?” he stated. “(I believe it’s) unfair to small companies.”
Based on an announcement offered by the county, a “overwhelming majority” of companies abided by public well being guidelines.
“Most who acquired notices labored to rectify the scenario and most of those who wanted to have paid their fines,” the assertion learn.
County Counsel James Williams stated the companies being sued “didn’t pay (their fines) after repeated follow-up.”
“They’ve refused to pay,” he stated, including that the authorized motion towards the companies is a “matter of equity and fairness.” He identified that as a substitute of conserving the fines, the county has distributed as a lot as $5,000 to small companies by way of a grant program launched in August to assist pay for prices incurred from the pandemic, comparable to shopping for masks or air filtration programs. Solely small companies which have complied with the county’s well being orders are eligible for the grant cash.
The opposite companies being sued are Crafthouse Bar and Grill in Sunnyvale for $27,775, JDM Packing Provide in San Jose for $43,450, and Los Gatos Therapeutic massage for $13,200. A consultant for the bar and grill declined to remark, and an electronic mail request to the packing provide firm went unanswered. Kelly Ranger, who owns the therapeutic massage remedy facility in Los Gatos, stated she intends to struggle the county’s swimsuit.
“I don’t essentially really feel like I’m going to prevail, however I really feel like I simply can’t do nothing,” Ranger stated, calling the county’s strikes “extreme and unreasonable”.
Santa Clara seems to be the one county within the area that's taking authorized motion to gather fines. Spokespersons for San Francisco, Marin, Contra Costa and San Mateo counties all confirmed they haven't sued any companies that haven’t but paid public well being fines. Alameda County didn't reply to an inquiry concerning the matter.
In Contra Costa County, well being officers briefly stopped issuing fines regardless of receiving nearly 90 complaints in November that companies weren’t checking indoor prospects’ proof of vaccination. When the Board of Supervisors discovered the officers as a substitute had been attempting to teach companies concerning the mandate, it directed them to renew issuing fines.
In the meantime, Santa Clara County is locked in a authorized struggle with Calvary Chapel, a San Jose church that repeatedly flouted public well being guidelines during the last two years and has thus far refused to pay $2.8 million in fines. The church is difficult the penalties in federal courtroom, calling them “merciless and weird punishment.” Earlier this month, a federal decide instructed the county that its authorized efforts towards Calvary Chapel had “mushroomed uncontrolled” and urged it to resolve the case.