Brentwood restaurant defies order to close for covid-19 violations, faces court action

A Brentwood restaurant that continues to violate the state’s covid-19 mitigation orders — and whose owner spoke at a Harrisburg rally bragging about it — is facing action in Allegheny County Common Pleas Court as the health department attempts to prohibit it from operating.

The Crack’d Egg, at 4131 Brownsville Road, was ordered closed by the Allegheny County Health Department on Aug. 11 but continues to operate.

At an event at the capital on Sept. 12, owner Kimberly Waigand gloated about reopening her restaurant at 100% capacity without observing any of the state-mandated social distancing, mask or occupancy requirements.

“Stop living in fear. Be bold. Be courageous. If you have a business, open up 100%,” she urged the crowd. “The health department has not stepped foot inside my business since that day Aug. 11. They know we are open.”

Her speech was four days before the complaint was filed in state court.

Reached Friday, Waigand said, “We’re fighting it.”

Sy Lampl, who represents the Crack’d Egg, said they will meet the health department head on.

“This seems to be an example of unfettered power by a local official to regulate a business based on unfair standards,” he said. “It’s sad when the full force of government turns on a small business.”

According to the filing, Crack’d Egg, which opened nearly five years ago, was shut down for failing to adhere to the universal face coverings order issued by state Health Secretary Dr. Rachel Levine on July 1. The order requires employees and patrons to wear masks at all indoor locations, including at restaurants.

“It cannot be overstated that defendant’s refusal to act in conformity with the Aug. 11 closure order constitutes an immediate public health risk to the extent that it is exposing the public to a highly infectious, communicable disease caused by a new coronavirus not previously seen in humans,” the health department’s attorney wrote.

In addition, the complaint alleges that Crack’d Egg is failing to follow occupancy limits requiring no more than 25% of maximum indoor occupancy, as well as social distancing measures, which were part of an order issued by Levine on July 15.

The health department is asking the court to find the Crack’d Egg in violation of the state’s covid-19 control measures orders and stop the restaurant from operating until a compliance plan is submitted and approved.

The complaint asks that the restaurant be required to pay civil penalties for the violations.

On Monday, U.S. District Judge William Stickman IV issued an opinion declaring the governor’s spring shutdown orders to be unconstitutional. Lawyers for the state Attorney General’s Office on Wednesday filed a motion to stay the ruling and said they will appeal to the 3rd U.S. Circuit Court of Appeals.

In a Facebook post following the ruling, Crack’d Egg posted a quote from the opinion, as well as emojis of a flexed bicep, a heart and the American flag.

According to the health department complaint, from July 1 through this week, Crack’d Egg has repeatedly violated the state’s and county’s orders for masking, occupancy and social distancing.

Complaints were first received by the health department on June 19. Since then, the filing said, it has received 16 such complaints.

The health department conducted five inspections — on July 1, July 28, Aug. 5, Aug. 7 and Aug. 11.

At each inspection, the complaint said, health department representatives observed employees working without face masks and patrons admitted without them.

During the Aug. 5 and 7 inspections, the complaint continued, there was a failure to properly space patrons, as well.

On Aug. 11, the health department issued an immediate permit suspension order based on Crack’d Egg’s failure to comply with the covid-19 control measures order, saying that the violations “constituted an imminent danger to the public health.”

After the closure order was issued, health department representatives reported the restaurant was open Aug. 24-28; Aug. 31-Sept. 4 and on Sept. 10. Often, during those observations, there was a “closed” placard facing the street.

During those times, the complaint notes, there were still mask and social distancing violations.

“The Crack’d Egg blatantly advertised its deliberate intention to operate and actual operation in spite of the permit suspension,” the complaint said.

On a Facebook page, there is a video of Waigand speaking at a Harrisburg rally on Sept. 12

During her speech, she mocked the state’s orders for closures, mask requirements and social distancing.

Waigand told the rally that she initially followed the closure rules, and then operated at 25% with outdoor seating.

“I’ll tell you what we never did,” she said. “We never required masks.”

Then, she said, “The snitches in Brentwood are real.”

When the health department showed up to tell her it had received complaints, Waigand told the crowd her response was: “Fantastic. I’m still not backing down.”

When inspectors, who she said “bully and intimidate,” told her to refuse service to anyone entering without a mask, she continued in her speech, “I said ‘absolutely not. I will not violate anyone’s freedoms or liberties.’”

Calling the crowd gathered around her “patriots,” Waigand said the actions by the government are “no longer about a virus. This is control.”