Can Jackson County shut down your business over the mask mandate? Here’s what to know
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Rae’s Cafe vs mask mandate
Jackson County Health Department officials have issued an order to close a Blue Springs cafe that has been ignoring the county’s mask requirement. The owner of the restaurant has said she will not follow the rule.
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Jackson County business owners who fail to comply to the mask requirement could be issued a ticket, be ordered to pay a monetary fine or be sentenced the county detention center, county officials said Thursday.
The health department may also issue a closure notice if businesses do not follow the mandate.
County officials said they are seeking a court order against a Blue Springs restaurant after its owner continued operating despite a directive from the Jackson County Environmental Health Department to close for violating the county’s 30-day mask requirement.
A county judge may also impose other remedies to ensure the violator complies with the county mask requirement.
“Throughout the entire pandemic, the county has been committed to protecting the health and safety of its residents,” said county spokeswoman Marshanna Smith. “And in order for us to do that we have issued these public health orders to reduce the spread of COVID-19.”
“We have continued to follow direction of the health professionals and medical professionals on how to ensure the safety of everyone when it comes to protecting them from this dangerous virus.”
Last Friday, county health officials posted a sign on the door of Rae’s Cafe that said they closed the restaurant located in a strip center along Missouri 7 highway in Blue Springs for “causing a significant threat to the health and safety of patrons.”
The owner has told The Star she refuses to comply with the order.
Here are three things to know about the county’s mask requirement:
What is Jackson County’s mask order and who has to follow it?
The 30-day order went into effect on Aug. 9, issued by County Executive Frank White Jr. and the county’s health director. Two weeks ago, the Jackson County Legislature voted 6-3 to extend the county’s mask order through Oct. 7.
The order falls in line with a Missouri law that restricts mask requirements to 30 days, with the option to renew with a vote.
It requires anyone older than 5-years-old, regardless of their vaccination status, to wear a mask while they are inside public spaces, including restaurants or other businesses. The directive applies to those municipalities outside of Kansas City and Independence, which have their own health departments.
Masking is required in indoor public spaces, such as restaurants and other businesses, whenever persons are not eating or drinking.
“So like many other businesses have, throughout the entire pandemic, not just with this latest health order, have readily complied with people wearing masks indoors,” Smith said. “Once you’re seated, you have to put the mask on.”
Throughout the pandemic, the county has enforced the health orders on a complaint basis. County health officials respond to complaints from citizens about violations to the mask requirement. Residents complete a complaint form that is submitted to county health officials.
“So we don’t have staff who were driving throughout the county looking for businesses in violation of the health order,” she said.
The county responded to Rae’s Cafe after receiving at least a dozen complaints that the business did not follow the county mask order.
What are the penalties for not following the order?
Businesses are issued a warning if they are found in violation of the order. County staff will then work with the businesses in violation to explain corrective action. A ticket is issued if the county receives another complaint that the business has failed to comply.
The general summons ticket requires the business owner to appear in court, Smith said.
The penalties for not following the order means that the business ultimately constituting being an imminent threat to public health, which constitutes a public nuisance. That is punishable according to the order by fine, imprisonment or other remedies available under the law.
A judge may impose additional consequences.
What power does the health department have to enforce the order?
Under the county order, the environmental health division has the authority to ensure compliance and enforcement of the mask requirement. They have the authority to respond to complaints when businesses fail to follow the county order. They are empowered to issue tickets to those business owners, Smith said.
Under Chapter 40 in the county code, the owner of Rae’s Cafe constituted an eminent health threat. The environmental health division revoked their food permit, which prevented the business from selling food and continuing to operate, she said.
“Most businesses have been very cooperative during this time,” Smith said. “And so it’s unfortunate that this situation has come to this point. But we are going to take whatever action necessary to ensure that the health order is enforced.”
Star reporters Anna Spoerre and Robert A. Cronkleton contributed to this report.
This story was originally published September 9, 2021 at 3:45 PM.
