Crack'd Egg flouts shutdown as deputies quarantined for dining, taking photos with owner
Two Allegheny County sheriff’s deputies who ate and posed for a picture at a Brentwood diner defying state shutdown orders by remaining open have been reassigned and placed on quarantine.
The Crack’d Egg, on Brownsville Road, has continuously flouted the orders from Gov. Tom Wolf and Health Secretary Dr. Rachel Levine during the covid-19 pandemic. On Monday afternoon, the county health department, again, ordered it to close after an inspector found that the restaurant was allowing in-door dining, and staff were not wearing face masks.
On Saturday, the day the newest order was to take effect through Jan. 4, the Crack’d Egg posted several pictures on its Facebook page, showing the dining room full of maskless customers. One — which has since been removed — also showed owner Kimberly Waigand posing with two deputies in full uniform.
No one wore masks in the photos.
Chief Deputy Sheriff Kevin Kraus said on Monday morning both deputies, who were assigned to handle housing warrants, have been placed on quarantine and reassigned.
Kraus said he became aware of the situation late Sunday morning. The photograph, he said, shows the deputies “in direct violation of our policies and clearly in the violation of the governor’s state health order.”
One of the deputies has three years of experience and the other has two.
Kraus would not identify the deputies, but said when they return to work they will be moved to the courthouse division and afternoon uniform division.
“It’s not a demotion, per se, however, it’s not their desired position,” Kraus said.
The investigation is ongoing.
“They’re entitled to due process. However, if we find they violated our policies or in any way the governor’s health order, we will take swift and appropriate disciplinary action.”
Kraus said he would not comment on the judgment shown by the deputies in eating at the restaurant or posing for the picture.
“As a sheriff’s deputy, no matter what you think of the order, you’re to act professionally and objectively and in compliance with all laws and orders,” Kraus said. “We’re duty-bound to do that.”
— Allegheny County Sheriff's Office (@alleghenybadge) December 14, 2020
In the Facebook post, the Crack’d Egg wrote: “So today was pretty amazing my peeps … your support and love for us was FANtastic! It was nonstop from open to close. We thank you with all our hearts.
“I never expected so many people and how happy and beautiful all of you were. We sold out of bacon, sausage, steak, ham, pancakes, cheesy, potato pancakes, wheat, rye!!! And still you waited to get a table to eat something.
“TOGETHER we stand and fight back the tyranny. God Bless us All and God Bless the USA.”
Their Facebook page also features a framed photo of Gov. Tom Wolf with the words “banned from this restaurant,” while the owner stands next to it smiling and pointing.
On Monday morning, a man named Cody, who took a reporter’s call, said, “I would love to talk to you about this, but we are extremely busy right now.”
The restaurant recently ran a full-page ad in a local flier featuring a stack of pancakes and other food items: “Start your day cracking with us. Side of freedom served with every meal! Masks not required.”
Allegheny County spokeswoman Amie Downs said that the health department’s food safety division visited Crack’d Egg on Monday. During the afternoon, a health department inspector completed his visit and placed a red closed placard on the restaurant’s door.
Among the violations listed on his report, the inspector noted that the restaurant had removed a previous closure placard and that they were operating under a suspended health permit. Staff are still not wearing masks, he wrote, and the restaurant was open and allowing indoor dining in violation of the governor’s order of last week.
Downs said it’s up to the Brentwood police to shutter the restaurant.
Brentwood police Chief Adam Zeppuhar said it is his belief that the county health department is responsible for enforcing the governor’s orders.
“It’s their jurisdiction to handle this,” he said. “That’s what those agencies are for. It’s just not normal for a local police department to go in and shut down a restaurant.”
However, according to the governor’s covid-19 enforcement page, “Pennsylvania State Police, Pennsylvania Liquor Control Board, Pennsylvania Department of Agriculture, Pennsylvania Department of Health, Pennsylvania Department of State and local law enforcement are all enforcing violations of all orders.”
The Crack’d Egg in October filed for Chapter 11 bankruptcy, and Allegheny County, which previously filed a civil complaint against the restaurant, is a party to the adversary proceeding.
A status conference in the case is scheduled for Tuesday morning in U.S. Bankruptcy Court before Judge Jeffrey A. Deller.
Downs said that if a court order is issued, the sheriff’s office would close the restaurant.
Also on Monday, U.S. Marine Corps Sgt. Matthew R. Day, the Toys for Tots coordinator for southern Allegheny County, said that the restaurant is using its logo illegally.
In another Facebook post, the Crack’d Egg wrote that it is a Toys for Tots drop-off location. In an image on the post, it says: “Proud Boys and the Crack’d Egg are honored to bring you Steel City Toys for Tots. Donations accepted from 7 a.m. to 2 p.m. Dec. 14-19.”
“We are aware that the business and the organization Proud Boys are illegally using the Toys For Tot’s Logo,” Day wrote in an email. “The Toys For Tots Foundation has been made aware of the situation and will be addressing the issue. We do not support this collection campaign and will not accept any donations from them.
“I encourage those looking to donate to legitimate drop sites to visit our website.”
Paula Reed Ward is a TribLive reporter covering federal and Allegheny County courts. She joined the Trib in 2020 after spending nearly 17 years at the Pittsburgh Post-Gazette, where she was part of a Pulitzer Prize-winning team. She is the author of "Death by Cyanide." She can be reached at pward@triblive.com.
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