The owner of a Palm Springs restaurant that allowed customers to dine indoors Wednesday as part of its "peaceful protest" against state orders preventing eateries from offering indoor dining in an effort to reduce the spread of COVID-19 ended its protest after being fined $5,000 by the city.
“I can’t survive with the current mandates,” La Bonita's Palm Springs owner Alex Raei said, adding that he was visited by city code enforcement officers around lunch time and was informed of the fine.
Raei, who spoke briefly with a Desert Sun reporter at his restaurant Wednesday, was overcome with emotion. In tears, he stopped the interview and walked into another part of his business.
Posts made late Tuesday and Wednesday morning on La Bonita's Facebook page announced that the Mexican restaurant's customers would be able to eat inside Wednesday. The posts added that social distancing would remain in effect as the eatery would limit its occupancy to 25%, space tables 6 feet apart and require its employees to wear masks.
One of the posts also added: "Walmart and other big corps can have 100's of ppl inside but restaurants can't? Enough is enough!!!"
City Manager David Ready said later Wednesday that Palm Springs Code Enforcement asked Raei to comply with the ongoing order and that $5,000 fine was only issued because of the restaurant's "willful disregard" for measures that have been put in place for the safety of the public, as well as the restaurant's staff and its customers.
Per existing protocol, code enforcement officers make up to three attempts to enforce existing COVID-19 closure orders during the first day of a restaurant's non-compliance, Ready said, adding that if a restaurant remains non-compliant after a second visit, the city issues the business owner an additional fine of $10,000. A third visit could result in a $25,000 fine.
In all, if a restaurant owner fails to comply with existing COVID-19 closure orders, he or she could be fined as much as $40,000 that first day, Ready said. He added that an additional $25,000 fine would be issued for each subsequent day that a business remains non-compliant.
During a second visit to La Bonita's Palm Springs Wednesday afternoon, code enforcement officers determined the restaurant was in compliance and no other fines were issued, Ready said.
The restaurant's protest took place a week after Palm Springs began closing off a portion of Palm Canyon Drive so restaurants in that part of downtown could expand their outdoor dining.
A full closure is in effect between Tahquitz Canyon Way and Baristo Road with lane reductions from Tahquitz Canyon to Andreas Road.
La Bonita's Palm Springs, which is located at 330 N. Palm Canyon Drive, is not within those closed areas, however, Ready said that even before last week the city offered to use barricades to create outdoor seating space or all dine-in restaurants in downtown.
Last month, Gov. Gavin Newsom announced a color-coded tier system county's need to follow in order for their businesses to fully open.
The system has four levels that are identified by a different color: Purple, red, orange and yell. Movement is based on a county's number of new cases per 100,000 residents over a seven-day average, and the number of coronavirus tests coming back positive.
Riverside County is currently in the purple tier, which is the lowest level and restricts most business activity and capacity.
La Bonita's Palm Springs would be able to allow indoor dining if the county was one level up — in the red tier — but "we're not there yet," Riverside County spokeswoman Brooke Federico said Wednesday.
County environmental health staff respond whenever they hear of businesses in violation of orders. The first step is to ask business owners to comply with orders.
"We always start with education by contacting the business. Sometimes it’s over the phone other time its in person," Federico said. "The majority comply after contact is made.”
A cease-and-desist letter could be issued if a business owner does not fall into compliance. If that fails, the county will pursue a temporary restraining order.
Since July, 43 businesses across Riverside County have received cease-and-desist letters.
Nine of those businesses went on to receive temporary restraining orders.
All matters between those businesses and the county have been resolved, Federico said.
Desert Sun reporter Colin Atagi covers crime, public safety and road and highway safety. He can be reached at colin.atagi@desertsun.com or follow him at @tdscolinatagi. Support local news, subscribe to The Desert Sun.
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Palm Springs fines La Bonita's restaurant $5,000 after its 'peaceful protest,' invites customers to eat indoors - Desert Sun
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