Youngstown's Tin Lizzy continues to defy covid orders as late bartender memorialized

For the second time this year, the Tin Lizzy Tap Room and Restaurant in Youngstown has run afoul of state officials for violating Gov. Tom Wolf’s temporary restrictions meant to slow the spread of the coronavirus pandemic.

But despite the Pennsylvania Department of Agriculture ordering the business to close this week for allowing indoor dining in defiance of the restriction, owner Buck Pawlosky said Wednesday he has no plans to stop serving people inside the bar-restaurant he has operated for 40 years.

“They’ll have to arrest me. I’m trying to help people who work here who still have to pay their bills,” the 75-year-old said. “Personally, I don’t need the money, but I don’t see how the government can infringe on a person’s right to earn a living or go out and enjoy themselves.”

Pawlosky also rebuffed criticism people leveled at him on social media for ignoring the coronavirus restrictions in light of the recent death of one of his employees.

Zachary J. Starrett, 33, of Latrobe died Dec. 23 at UPMC Presbyterian hospital in Pittsburgh after battling covid-­related health complications for several weeks. Starrett managed Flappers, the upstairs bar at the Tin Lizzy. He tested positive for covid-19 in October and then contracted a heart infection.

“Our precious Zack fought a battle bigger than any imaginable, but the sickness that ravaged his body has taken him, and tried to extinguish his brilliant light,” Carole Simile posted on Facebook following her son’s death. “But I know by the amount of love you all have shown that Zack’s light will never be gone.”

The family held a private memorial service for Starrett on Wednesday.

Simile agreed to speak to a reporter in hopes the public will take the coronavirus seriously and to let others know the disease can claim a loved one “so quickly” no matter how healthy they seem.

“In just a few weeks, we had a wonderful, healthy, outgoing, free-spirited, hardworking, fun-loving person go from a covid diagnosis in October, to double pneumonia, to heart complications, and now he’s gone in a matter of weeks,” she said. “So many people think it can’t happen to them, but it can.”

Simile said that when Starrett went to work at the bar he took extra precautions, such as wearing a mask, washing his hands and practicing social distancing when possible, “but he told me others who worked there didn’t.”

“I realize we’ll never know where he contracted it,” she said.

Zack’s older brother, Josh, 35, admitted the family was concerned that the restaurant ownership took the threat of coronavirus transmission lightly and apparently still does.

The day of the service, Pawlosky plugged Wednesday as Tin Lizzy’s “Pizza Special Day” with an $8.95 one-topping deal and implored people to make New Year’s Eve reservations.

“We will be closed New Year’s Day and will reopen Saturday at 7am!,” a post on Tin Lizzy’s Facebook page reads. “See you this week!”

Several people posted comments about Starrett’s death, some admonishing Pawlosky for not publicly acknowledging his passing and for remaining open. When asked by the Tribune-Review, Pawlosky distanced himself from criticism regarding the death of his longtime employee.

“It’s ignorant to say that I’m any way responsible,” he said. “I go out in the community and people tell me they support me. … The only place I see crude things like that mentioned is on Facebook.”

Enforcing orders

Tuesday was the second time this year a state agency ordered the Tin Lizzy to shut its doors. In September, the bar was closed for two weeks after the state police Bureau of Liquor Enforcement found customers being served alcohol without food and tables too close to promote social distancing, both violations of a previous Wolf order aiming to slow the spread of the coronavirus, according to state records.

The Tin Lizzy was among 33 restaurants the Department of Agriculture ordered closed this week after a bureau of food safety inspector confirmed the locations were offering dine-in service between Dec. 21-27 in violation of Wolf’s order, which went into effect Dec. 12. It suspended indoor dining statewide until Jan. 4, along with some other restrictions. Those will expire Monday, the governor said.

Any restaurant that continues to operate following closure order, the Department of Agriculture reports, will be referred to the Department of Health for further legal action, including action in Commonwealth Court.

Last week, the Department of Health petitioned the Commonwealth Court through the Attorney General’s office for injunctions against 22 restaurants that continued to offer dine-in services after being ordered to close this month.

The petition asks the court to force the businesses to immediately stop indoor dining and award the state monetary damages for costs of enforcing the temporary order, punitive damages for willful and wanton violation of the order and other damages the court deems appropriate.

Pawlosky said he has been in contact with an attorney.

“But I haven’t contacted him since I got this,” Pawlosky said of this week’s order to close.

According to the Department of Agriculture, other area restaurants allowing inside dining in violation of Wolf’s order include the Yak Diner in North Apollo, Armstrong County, as well as Harrington’s Restaurant in McDonald and Ye Olde Kopper Kettle in Washington, both in Washington County. An employee at the Yak Diner said they were open Wednesday.