Restaurant owners take issue with covid-19 rules, but aren't ready to break them

Area restaurant owners have seen their sales slashed while restricted to takeout or delivery service during the covid-19 pandemic.

But several say they don’t intend to go beyond guidelines of the governor’s phased plan for restarting the economy, because of the risk of penalties and out of consideration for their customers.

Jamie Huemme, co-owner of Sharky’s Cafe in Unity, has concluded that business at her restaurant and others nearby is down 80% because of pandemic restrictions.

Huemme is helping to organize a Saturday rally in Unity to support less stringent state guidelines. But while current restrictions remain in place, she said, she’s taking seriously state officials’ threat to revoke the liquor licenses of any restaurants that prematurely reintroduce sit-down dining.

“We have been told that if we break that, until Gov. (Tom) Wolf puts something together that allows indoor dining, we risk losing our liquor license,” Huemme said. “That’s a major concern for our restaurant, and I’m sure it’s a very big concern for others.”

Eating establishments have been cautioned about consequences on other fronts if they don’t adhere to takeout or delivery directives under both the “yellow” phase that begins Friday in much of Southwestern Pennsylvania and the strictest “red” phase that remains in force in Beaver County.

The state insurance commissioner has stated that violation of the phased business guidelines would be considered illegal conduct that could jeopardize an offending business’ insurance coverage.

“We believe all citizens should adhere to all laws, whether related to covid-19 or generally,” said Sam Marshall, president and CEO of the nonprofit Insurance Federation of Pennsylvania. “Might there be questions of insurance coverage when one is acting illegally — yes — but whether there is or isn’t coverage shouldn’t drive these decisions. Being a law-abiding citizen is reason enough.”

The departments of Agriculture and Health have said food safety inspectors will plan to visit any restaurants that move to dine-in service. Those that remain in violation could see their retail food license suspended and could be subject to civil penalties of up to $10,000 per day of the violation.

Mike Giannilli, co-owner of Giannilli’s Restaurant in Hempfield and Giannilli’s II in Unity, said he’s “willing to do whatever it takes” to safely move the two locations toward a return to dine-in service.

While that option remains off the table, so do the restaurants’ banquet bookings.

“We’re missing out on showers and weddings,” he said. “That’s huge for us.

“I could easily space out (diners) at half our capacity and still have social distancing.”

But, he said, the threatened loss of insurance could “put you out of business in a heartbeat.

“I think everybody would be scared about something like that. You’ve got a lot of liability. A big part of what we do is having the proper coverage.”

Brother Gino Giannilli said customers should be able to decide if they are comfortable having a dine-in meal at a restaurant.

“Customers are smart,” he said. “They’re going to make a decision whether they want to go into a place. I feel people should have that opportunity.”

He added that affected businesses should get a discount of insurance premiums for liability coverage and other policies to reflect operating hours and services that have been suspended or curtailed during the pandemic.

“Their exposure is way less,” he said.

“This is our livelihood, and we’re not going to risk it,” Cheryl Orlowski said about following state covid-19 rules while operating Star’s Restaurant in North Apollo.

While she’s not in agreement with Wolf’s plan, she said the restaurant’s licenses are at stake and she’s “going to follow whatever the state says.”

“Right now, we’re doing OK” with take-out service, Orlowski said. She’s hoping to offer outdoor seating whenever that may be allowed.

Co-owner Lisa Speer said normal operations at David’s Diner in Springdale aren’t expected to resume until the area has progressed to the least restrictive “green” phase of the governor’s plan.

For now, she said, business at the eatery may be down by even more than 80%. The diner is offering limited take-out hours for lunch Wednesdays through Fridays and breakfast on Sundays.

“People were waiting outside for our breakfasts before all this came about,” she said of the pandemic’s effect.

She said she can’t currently consider serving customers at outdoor tables because the restaurant can’t provide restroom facilities under existing restrictions and, with a reduced staff, couldn’t handle take-out and dine-in orders simultaneously.

“The take-out helps us a little bit,” Speer said.

As the covid-19 pandemic progresses, she noted, “anything can happen.”