Update: Tri-Cities bar and restaurants refuse to close in protest of WA state COVID rules

A Kennewick martini bar and a restaurant with three Tri-Cities locations are remaining open to protest Washington Gov. Jay Inslee’s order that restaurants and bars end indoor service until at least Dec. 14.

The Washington state Liquor and Cannabis Board planned to send an enforcement officer to both businesses, Sterling’s restaurants and Koko’s Bartini, on Thursday, it said.

According to a post on a social media site linked to Sterling’s, it was given a written warning and told a $500 fine could be next and then its liquor license could be revoked if it did not close.

Koko’s Bartini posted a link on its website asking for contributions to help pay legal fees to keep the business open.

“Peaceful protest dine-in seating. ... Bring a protest sign with you,” the Koko’s Bartini website says.

Restaurants and bars were told by the governor to close down for indoor dining and drinking starting Wednesday morning for four weeks in an attempt to contain the rapid rise in new COVID-19 cases in the state.

But Koko’s Bartini opened Wednesday night and indicated Thursday morning on social media that the night had been a success.

“Thank you for all the LOVE and SUPPORT last night!!” it posted to its Facebook page.

Most of its tables had customers about 45 minutes after it opened at 4 p.m.

Sterling’s Restaurant also is continuing with dine-in service at its two Richland locations and one in Kennewick.

When a Herald reporter called the Queensgate Drive restaurant Thursday, the person who answered initially confirmed they were still offering indoor seating. But then a manager refused to talk about the decision, saying they were not providing information to the media.

In a Facebook exchange Thursday with a medical professional who called Sterling’s “blatant disrespect for others ... really gross,” the restaurant argued with the person that the state’s closure is not science based and said it’s opinion, not fact, that shutting them down will stop the virus spread.

“We take measures to keep our staff and our guests safe. If you can go get your hair and nails done, there’s no reason you can’t go out to eat,” the restaurant posted.

“Your opinion is exactly that, yours. We have ours and will continue to let our staff work who wish to, and will let our staff who don’t stay home ...” the restaurant said in another reply. “As a medical professional you do not know what it is like to be ‘deemed’ unessential and told to live off of pennies to the dollar of your regular income. Unable to support your family due to a non science based decision.”

Later Thursday after liquor license discussions the Sterlings Saber Facebook page, identified as Sterling’s admin profile, posted “To whoever turned us in, you got what you wanted.”

“You have successfully threatened the livelihood of 150 families here in our community,” the post said. “Single parents and single income households who are panicking how they will care for their families. You have tried to tear down what my family has worked over 30 years to build.”

Meanwhile, a Kennewick law firm has stepped up to say it will represent for free any small businesses that chooses to stay open and end up fined by a state agency. Sterlings Saber posted that it had scheduled a consultation.

The Benton Franklin Health District told the Herald it has been receiving complaints about Koko’s Bartini, but does not have authority to enforce the governor’s order.

It has been referring callers to coronavirus.wa.gov, where they can file a complaint under “Report a Safe Start Violation.” Complaints are investigated by the Washington state Department of Labor and Industries.

The local health district also has contacted the Washington state Liquor and Cannabis Board to report that it is receiving complaints. The board also accepts complaints at lcb.wa.gov/enforcement/report-violation.

“While we don’t enforce restrictions by the governor’s office, we certainly support the need to not have gatherings with people outside of households at this time — whether at a home or another facility,” said Rick Dawson, senior manager at the Benton Franklin Health District.

Public health officials understand that the order “is very, very hard on the hospitality industry as a whole,” but defying it poses a risk to the community, said Dawson.

The community needs to pull together to get the growth in cases under control, he said. New daily cases have been nearly doubling every two weeks recently, he said.

Legal defense

However, attorney Jason Celski announced on his Facebook page that his firm will fight the fine for small businesses.

“As a small business ourselves, we understand that these new restrictions may result in the closures of many of our fellow businesses and our community as a whole. In an effort to support our community, Celski Law will offer these Pro Bono services to these businesses in an effort to fight these new restrictions. Let’s keep our community thriving together!”

In a follow-up post Thursday morning, the firm said it received several questions about donating funds toward the free legal representation for Tri-Cities businesses.

“At this time there is not a need for that but rest assured if we need your support we will keep you all apprised,” the post said.

The law firm said it cannot give legal advice on Facebook “regarding particular portions of the new restrictions,” reminding people that the pro bono offer of service was for those who actually receive fines.

“This is just our way of supporting our local community and we hope to inspire more to do the same,” the post said.

John Knight, the owner of Americo in Yakima and Richland, replied to the law firm’s post and said he would donate time and resources for serving legal documents on Celski’s behalf.

“These people have to be stopped,” he wrote. “They cannot destroy our businesses.”

Public response

Koko Bartini’s plans to remain open were met with approval on social media as it prepared for its first night of indoor dining and drinking on Wednesday.

“Thank you for standing up!!!!!!!” one person posted.

“I hope there is a long line of people waiting to patronize your business,” another person posted.

A few people posted that remaining open was irresponsible and that they would not go to a business that contributed to the spread of disease and could lead to even more restrictions in Washington state.

“You’re risking the health and employment of your staff as well as contributing to the unemployment of thousands of local restaurant industry workers,” one person posted on the Koko’s Bartini Facebook page. “Hope you make enough to cover your fines.”

Koko’s Bartini pushed back against its critics.

“Your right to be free, includes our rights to be free from you,” said its post.

“Individuals have constitutional rights, not businesses,” the poster shot back.

“Then YOU stay home locked down ... and stop the whining,” Koko’s Bartini said.

It is a fairly new business, opening in early 2019.

Restaurants and bars in the Tri-Cities were allowed to reopen indoors with limited seating on July 3, before the current shutdown order.

Takeout and outdoor seating continues to be allowed under the current restrictions.

This story was originally published November 18, 2020 at 5:38 PM.