Maine steps up enforcement following Millinocket-area ‘superspreader’ occasion – Press Herald

20September 2020

Maine public health authorities have actually stepped up enforcement of pandemic-related business policies considering that late August, approving more facilities than in the previous 4 months for neglecting requirements on face coverings, social distancing and other avoidance methods.

Fourteen facilities, mostly restaurants, have gotten “impending health hazard” citations given that August 20. Only 2 had been pointed out previously because the pandemic began.

2 services have had their food and beverage licenses temporarily suspended for consistently violating state procedures, according to state health assessment program records obtained by the Portland Press Herald/Maine Sunday Telegram. All other pointed out companies remained in compliance since early last week.

Sunday River Developing Co. in Bethel, which has actually repeatedly flouted the state’s COVID-19 requirements and opened in May despite state orders for dining establishments to stay closed, was released a momentary limiting order to fix lapses in early September however has given that shown it will comply with state policies, according to the Maine Department of Health and Person Services.

The large majority of Maine services, especially consuming facilities and hotels, are taking the infection seriously and sticking to the state’s security guidelines, stated Dana Connors, president and CEO of the Maine State Chamber of Commerce.

“Maine services have done an amazing task of resolving their duties and recognizing the role they bet the state,” he said. “Those that do not are the exception and not the guideline. I think companies have actually stepped up and taken this on with significant responsibility, and I find it difficult to be persuaded otherwise.”


The rush of citations is available in the after-effects of a wedding and reception in the Millinocket area in early August that created a so-called superspreader event connected to practically 180 COVID-19 cases and 8 deaths since Saturday. None of the people who died went to the event. Big Moose Inn in Millinocket, which hosted the wedding reception, was issued a citation on Aug. 20. Its operating license was suspended on Aug. 26, and the suspension was lifted 2 days later.

An increase in enforcement action relative to previous weeks is not unanticipated offered requirements in location as an outcome of the pandemic, stated DHHS spokeswoman Jackie Farwell.

An imminent health hazard citation for noncompliance with COVID-19 limitations lasts for thirty days if a company agrees to comply. If an establishment does not comply, or noncompliance is observed within 30 days of the citation, the state problems a short-lived license suspension.

The state’s health evaluation program is also working with local authorities that have actually been reinforced by a $13 million infusion to support public health education and avoidance activities. That financing consists of personnel time for code enforcement and regional health officers to inform local businesses on best practices and act on complaints, Farwell said.

“In current weeks, HIP (the health evaluation program) has continued to respond to complaints and taken suitable action following examination when compliance is not accomplished,” she said. “HIP takes repeated absence of compliance seriously and will continue to motivate compliance but take enforcement actions when proper to secure public health and security.”

Every service issued an imminent health threat citation or a temporary license suspension has been informed about health and safety requirements prior to any enforcement action, Farwell stated.


As of Aug. 17, the state had gotten more than 4,000 reports of noncompliance through an online portal hosted by the Maine Department of Economic and Neighborhood Development, according to information got from the department through a Freedom of Gain access to Act request.

Some of the reports were duplicates or grievances about Gov. Janet Mills’ executive orders around events and requirements to wear face coverings in public, the department stated.

But more than 1,000 grievances were followed up with notices to establishments of the complaint and instructional products about how to adhere to emergency situation guidelines.

The Department of Professional and Financial Regulation, which includes licensing boards for medical professionals, nurses and oral examiners, has sent out 90 noncompliance notices to licensees. The Department of Agriculture, Conservation and Forestry got 492 noncompliance reports that needed notifications to establishments.

The state’s health examination program followed up on 514 noncompliance reports, consisting of sending emails to facilities that offered education and warnings that fines, citations or short-term suspensions would be issued for ongoing noncompliance.

When the program gets a grievance, it is vetted and appointed to the inspector or local health representative if the town has one, according to DHHS. Inspectors have called facilities, emailed or conducted site check outs about complaints. If establishments decline to comply, inspectors conduct a website visit and provide an impending health danger citation if noncompliance is observed, according to the department.

Services that continue to operate in violation of a health hazard citation can be fined $100 each day. Those that operate without a license can be fined $200 per day for a first offense and $500 for subsequent offenses. Fines need to be paid prior to the next yearly health license is released, unless the matter is appealed.


Rick’s Cafe, a hectic bar and restaurant on the waterfront in Naples, was released an imminent health risk citation and short-lived consuming place license suspension on Sept. 6. The health examination program noted a lack of face coverings, consisting of a bartender not wearing the needed face covering and face guard, in its records. The dining establishment still was not in compliance since last Monday, according to the state.

In an interview, Rick’s Coffee shop owner Bailey Odum said the restaurant was pointed out due to the fact that it did not need cooks to wear face coverings in the hot and smoke-filled kitchen.

“Our cooking area staff, we are not requiring them to wear a face shield and a mask, that is the end of our story,” Odum said.

The dining establishment closed for the season after the Labor Day weekend, she added.

“We were tired, the staff was tired– we were done,” she stated.

Some online reviews as late as Sept. 7 provided the restaurant bad rankings and declared waitstaff were not wearing face coverings, but Odum contested those accounts. The restaurant is beside a hectic pedestrian road, and some clients did not like being seated outside next to people without face coverings passing their table, Odum stated.

“All of our servers use face masks,” she stated. “We had a fantastic season. Ninety-nine percent of our clients were great– that one percent drawn.”

Bru-Thru Coffee Shack, a little drive-thru coffeehouse in Cumberland, was cited on Aug. 28 for employees not using masks. Owner Tyrone Agro stated he believed it was unjust that a couple of people out of the 45,000 he has actually served given that the pandemic started could anonymously complain to the state. The shack is so little that using a mask would not make any difference, and the majority of workers are members of his household, he said.

“The mask is kind of a joke,” Agro said. “We all thought it was a joke. We still think it is a joke.”

Randy Belanger, owner of 45th Parallel Woodfired Grille in Oquossoc, said he was amazed when the state provided a citation to his organization on Sept. 9 for staff not wearing masks and not social distancing. The dining establishment’s operating license was briefly suspended last Thursday due to the fact that of noncompliance.

Belanger stated he operated his business the exact same way all summertime, and all of a sudden he was in problem since of an anonymous problem that could have come from somebody with a vendetta or a company competitor. The only correspondence he got from the state was two days before a health inspector pertained to the dining establishment and issued the citation, he stated.

“We’re doing things best provided the case we remain in the middle of the woods and mountains,” Belanger stated. “Nobody had approached me or given me legal correspondence to be in compliance.”

It should be the state’s responsibility to provide routine training and guidance for businesses to remain on top of the guidelines, he added.

“Here we are in a circumstance where nobody has provided us that chance, no one has actually passed that info down to me, I ensure that,” Belanger said.

Joey Morton, owner of Town and Lake Motel in Rangeley, said his service was cited after the state got an anonymous grievance that it was not following Maine Center for Disease Control and Prevention room-cleaning standards.

That was actually not one of the reasons business was pointed out, but the state did report that it was not maintaining lodging compliance certificates, needed signs and face masks for staff.

“I don’t think the state has done a very good task of letting people know what the guidelines are,” Morton said. “We’ve been trying to follow the rules– we believed we were doing everything appropriately.”

The privacy of complaints irritates Morton. In May, he was alerted by the state about social distancing due to the fact that someone saw him at the business with his family and grandchildren, he stated.

“Individuals can call and make a problem entirely confidential, and here they (the state inspectors) come,” he said. “I want there was a name to it; you can talk to me about it.”

Other companies called by the Press Herald/Sunday Telegram either declined interview demands or were not readily available.


Sunday River Developing Co., which defied state authorities and resumed in Might before a company closure order was lifted, has been provided three imminent health hazard citations, the current on Sept. 9. The dining establishment, which has gone far for itself for its open contempt of the state’s security guidelines, has had its food and drink licenses briefly suspended three times. Up until now, it has actually racked up $10,800 in fines.

On Sept. 4, DHHS got a short-term restraining order against the restaurant from Oxford County Superior Court on the basis that its business practices provided a public health threat.

“The order to adhere to the same requirements troubled restaurants around the country causes no harm on the offender except the hassle of governing their staff,” the order says.

Sunday River Developing was purchased by the court to require staff to use face masks, place tables and bar stools 6 feet apart and reinstall Plexiglas in front of the bar.

It did not, nevertheless, concern another license suspension.

“The court does not order closure at this time,” the order says. “The present license suspension expires Sept. 6 and an order to stop operations would have no practical result. In addition, compliance with this order would decrease the threat to public safety.”

Farwell stated the dining establishment consented to abide by state rules on Wednesday.

Sunday River Brewing part-owner Rick Savage did not respond to an interview demand entrusted the restaurant Friday.

In a Sept. 4 affidavit, Savage stated his service was being selectively targeted due to the fact that of public statements he made on national television about Gov. Mills, which personnel at other establishments in Bethel likewise were likewise not using face masks.

Many of his team member have actually complained about problem breathing when wearing a mask, Savage stated, and it is improper for him to inquire about the health conditions of any staff member concerning their capability to breathe.


Although a minority of Americans oppose using face coverings and practicing physical distancing on ideological grounds, from an organization viewpoint it makes good sense to do whatever you can to make consumers feel safe, stated Connors, of the state chamber. Three-quarters of Americans prefer wearing masks to avoid the spread of coronavirus, according to a July survey from The Associated Press-NORC Center for Public Affairs Research.

Mainers appear to support COVID-19 avoidance steps, too. A study of almost 3,000 Maine customers in June by the Southern Midcoast Maine Chamber found the huge bulk wanted to patronize organizations that took pandemic guidelines and regulations seriously.

Half the respondents said they had left or would leave a business with risky social distancing practices, and two-thirds said they would travel more than 10 miles to shop and consume in a community that promised to follow safe social distancing practices, according to the study.

In tough economic times, dining establishments, shops and other facilities should do whatever they can to show to consumers they take coronavirus seriously, Connors said.

“It is not only a sound organization practice, in many cases it is the distinction in between survival or not,” he said. “It matters to people that you are doing it. It makes a difference if I am going to go to your company or not.”

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