Lexington coffee shop ordered closed by health department, refuses to stop serving
The Lexington health department on Tuesday ordered a Lexington coffee shop to close after the owner refused to halt dining inside, defying statewide COVID restrictions.
Last week, Gov. Andy Beshear announced new restrictions on restaurants and bars as well as other steps designed to stem the surge in coronavirus cases in Kentucky, saying that the state’s health care system is in danger of being overrun.
Restaurants were ordered to close dining rooms for three weeks, but outside seating in an approved tent was allowed to continue. However the tent must have no more than 50 percent of the perimeter enclosed to qualify.
Brewed at 124 Malabu Dr. was ordered closed and the establishment’s food service permit was suspended but owner Andrew Cooperrider said he plans on operating normally.
Cooperrider said that they were operating with a garage door opened 6 to 12 inches but the inspector said that would not meet the state emergency order requirements for a heated patio.
The inspector cited the restaurant for having customers with no masks on and said they had to close. A supervisor called to the scene agreed.
“While on site for a routine health inspection at the establishment, we observed that the establishment was continuing to allow in-person dining,” according to a statement by Kevin Hall, Lexington-Fayette County Health Department spokesman. “The establishment manager was served an enforcement notice requiring that in-person seating be discontinued, which was refused. We then served an enforcement notice to suspend their food permit for not following the executive order guidance.”
But Cooperrider said that he does not plan to close.
“I asked what would happen if I keep on serving,” Cooperrider said, and the health department couldn’t tell him what the repercussions would be.
“The worst that could happen is we close ... I go to jail for a bit,” he said. “What am I facing now, locked up in side my house with losing my businesses. ... I have more to gain by resisting than I do to comply.”
Cooperrider said that he has the sign displayed as required and “if people want to still come in and eat and drink, I don’t see that as an issue.”
On the coffee shop’s Facebook page, it posted a photo of the red sign ordering closure with the words “Come and take it Brewed Lex, Ky” superimposed on it.
In another post on the Facebook page, Brewed said “They issued this order. Cant answer what happens if we keep serving. Untill (sic) we are pulled out in handcuffs you can come get our coffee at Brewed. Thanks for the community support.”
However, Lexington police did not take any action.
“The police department was contacted regarding the situation between Brewed and the Health Department, however, this involved a civil/regulatory matter and not something police could take action on,” according to a statement issued by Brenna Angel, department spokeswoman.
Cooperrider said that he is willing to comply if the government would “pause the business,” with a pause on rent and other bills so that he will not lose the coffee shop. He said he lost his Dean’s Diner in Wilmore in June after the first shutdown.
“I would like the end result to be that we stop having arbitrariness to it. ... Put us in a position where we can succeed,” he said. “Back in January I was a millionaire. Now I’m on food stamps. ... I understand about us dying but I care about us living.”
Reaction from customers was mixed with some indicating they would not come there again while others voiced encouragement.
It is unclear what the outcome will be. Beshear indicated that restaurants that fail to comply will be ineligible for a $40 million relief fund.
Beshear said Tuesday afternoon that restaurants that stay open also could lose liquor licenses.
This story was originally published November 24, 2020 at 3:36 PM.
