BEND, Ore. (KTVZ) – Three central Oregon businesses that were fined heavily for violating Covid-19 restrictions such as mask requirements last spring are appealing sanctions and, in some cases take their battle to court.
Kevista Coffee in Bend, Black Bear Diner in Bend and Redmond, and Cork Cellars Wine and Bistro in Sisters have all been fined thousands of dollars. All appeal Oregon OSHA sanctions
Kevista lost his case in Bend City Court. The owners are now appealing to Deschutes County Circuit Court.
Their lawyer, Kevin Mannix, says when the town of Bend issued an emergency order, it did not get the required approval from Deschutes County.
County commissioners “acknowledged” the order for emergency masks, according to meeting minutes.
Mannix argues that this is different from an “endorsement”.
Kevista Coffee faces more than $ 100,000 in OSHA and local fines – but his lawyer says it’s not about money, it’s legality.
“If the City of Bend wanted, it could have passed its own mask ordinance,” Mannix told NewsChannel 21 Friday. “Then they should have held public hearings, listened to the public and had a vote from city council, where the public participates in the process. “
” They did not do it. They didn’t – and instead, they simply passed an ordinance saying they will be fining companies that violate their mask restrictions. Mannix added.
Mannix said he represented 41 state companies facing the same problem.
Deputy City Attorney Ian Leitheiser provided the following response to NewsChannel 21:
“The city has gone through its process of issuing the declaration of emergency, which has allowed the city to be flexible and agile in protecting the public and serving the community during the covid-19 pandemic. The declaration of emergency is valid. This case is about Kevista’s will and irresponsibility, and the legally ridiculous refusal to accept that the town’s mask ordinance applied to them. Kevista and Mr. Mannix’s effort to undermine the city’s declaration of emergency is a cynical and selfish deviation that seeks to elevate Kevista’s mistaken views above the good of the community. “
Mannix says he expects the circuit court review to take a few months.
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