Brain Dew, Assistant Attorney General of L&I smiles while appearing in Lewis County Superior Court via WebEx on Tuesday in Chehalis.
Judge Chris Lanese appears in Lewis County Superior Court via WebEx on Tuesday in Chehalis.
Spiffy’s remained open while visitors make a line to the door as others enjoy a dine-in meal in Chehalis last December.
After weeks of offering indoor dining and rebelling against statewide orders meant to slow the spread of COVID-19, Spiffy’s in Napavine has finally come into compliance, and a superior court judge on Tuesday lifted the temporary restraining order previously levied against the restaurant.
In a Facebook post after their Tuesday hearing, the restaurant said it was still hoping that the fines levied by the Department of Labor and Industries (L&I) and the court — a total of $400,419, according to an L&I spokesperson — will be wiped away.
Judge Chris Lanese, who presided over the case, said he expected the state and Spiffy’s to “stipulate a dismissal of the action,” although it’s unclear whether Spiffy’s will be on the hook for the hefty fines.
“We know this is not the result much of us hoped for, but we also know we have done what we could do, and we appreciate all the support,” the Facebook post reads. “If we decide to reopen with indoor dining or takeout, we will let you all know. The battle is long and hard and we need more willing to stand.”
Owner Rod Samuelson declined to comment.
“I have no reason to believe that anything nefarious is afoot here,” Lanese told Spiffy’s attorney during the hearing.
He noted that if the restaurant did resume indoor dining while COVID-19 restrictions prohibited it, another court order could be pursued by L&I, and Spiffy’s could be brought back in court “in a very expedited fashion.”
Meanwhile, just north of Lewis County, Farm Boy Drive-in — whose owners have rallied with Spiffy’s over their nearly-identical court battles — is still under a temporary restraining order and was found in contempt of court again this week, having continued to offer indoor dining despite a court order and statewide restrictions.
They now face more than $330,000 in fines levied by L&I as well as $42,000 levied by the court.
Celski, who represents both restaurants, requested that Lanese dismiss the case against Farm Boy Drive-in. He argued that L&I’s enforcement of health and safety laws violates the state constitution, and that the pandemic — the death toll from which reached 400,000 Americans this week — doesn’t pose a serious threat.
He noted that other kinds of businesses don’t have to follow such strict requirements.
But Lanese struck down each argument, saying he couldn’t imagine a “clearer record for contempt than this” considering the restaurant’s public refusal to comply.
He also said that the case laws cited by Celski — one involving blacklisted employees during the McCarthyism era — were “completely irrelevant.”
“A laundry list of potential constitution concerns, a mere recitation or reference to a provision in the constitution is insufficient to raise a legal issue before the court,” Lanese said, also noting that Celski’s scientific arguments “appear to be misleadingly cited or outdated.”
Farm Boy Drive-in employee Ali Hamblin took to Facebook after the hearing, telling supporters they would be closing for a day to figure things out. Contributions to the GoFundMe organized by Hamblin for the restaurant have largely fizzed out, leaving a fund balance of only $2,630.
“At this moment, we are kind of lost on what we need to do, honestly. It feels like we’ve let a lot of people down,” she said. “And everything we brought forward today to the judge didn’t really matter, honestly.”
