Thousands of people have filed complaints alleging COVID-19-related health order violations to Santa Barbara County, which has emphasized education over enforcement in its response.
Each complaint has to be substantiated by a county employee for a response, Emergency Management Director Kelly Hubbard said, and most health order violations have not prompted enforcement.
Environmental Health Services, a division of Public Health that oversees restaurants, bars and other food service, has investigated 764 complaints related to COVID-19 health order violations.
The county sent notice-to-comply letters to 22 businesses, and has had two hearings so far, Hubbard said.
Businesses and organizations can be cited, fined, or charged in court for failing to follow protective measures such as capacity limitations and wearing personal protective equipment, operating when not allowed, or operating outside of restrictions, such as operating indoors when outdoor-only is allowed.
When asked whether the county tracks outbreaks to specific businesses accused of violating health orders, Public Health Director Van Do-Reynoso said no.
Employers are now required to notify the county and state health departments about workplace outbreaks, so she could report back to the board about COVID-19 cases linked to “frequent flyers” cited, she said.
The state Alcoholic Beverage Control has given verbal or written warnings to 26 local businesses, and cited four restaurants and bars for alleged pandemic-related violations.
On July 3, 2020, ABC cited Kashmina Restaurant in Goleta, Lo Mejor de Jalisco Restaurant in Santa Maria and Niya Restaurant in Orcutt for indoor operations.
ABC cited Vinos et Amicis Wine Bar in Orcutt on Jan. 21 for onsite operations, and that case was referred to the District Attorney’s Office.
The owners have posted multiple messages on the business Facebook page saying they decided to stay open with indoor and outdoor service in violation of public health orders.
Hubbard said gyms and fitness centers have been “major offenders” at violating health orders, but did not name names.
John Savrnoch of the District Attorney’s Office said the county filed two unfair competition cases against gyms earlier in the pandemic.
“We’re looking for somebody who’s essentially losing money by following the health officer order as opposed to somebody who’s making money by violating the health officer order,” County Counsel Michael Ghizzoni explained at last week’s Board of Supervisors meeting.
The Board of Supervisors passed an ordinance in October allowing criminal enforcement of health orders, especially related to large gatherings. The District Attorney’s Office has filed one case, in Isla Vista, according to Savrnoch.
Rules for businesses frequently change under the state and county’s reopening tiers.
Santa Barbara County is currently in the purple tier, which allows very limited indoor operations, but will soon move to the red tier, which has less restrictions.
In-person classes will be allowed to start for all ages, businesses can have more people inside, and more types of businesses will be allowed to open again.
— Noozhawk managing editor Giana Magnoli can be reached at gmagnoli@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.