Coronavirus

7 Lexington businesses fined over masks before top KY court upholds COVID-19 rules

The Kentucky Supreme Court’s decision to uphold Gov. Andy Beshear’s COVID-19 restrictions means businesses are still subject to penalties if they don’t enforce the statewide mask mandate.

Seven Lexington businesses have been fined over the mask mandate since it first went into place in early July, with one business getting fined twice, according to the Lexington-Fayette County Health Department.

The health department had received more than 670 complaints of COVID-19-related health violations as of Wednesday, according to health department spokesman Kevin Hall. At least 85 notices to correct have been issued, and eight citations have been given out to seven different Lexington businesses. Citations come with fines of $50, $75, or $100, depending on how many times the business has been cited, Hall said.

A list of businesses who received citations was obtained by the Herald-Leader through a Freedom of Information Act request.

  • Wing Zone, 580A Eureka Springs ($50 fine)
  • Kroger, 4104 Tates Creek Centre (two citations, one for $50 and another for $75)
  • Walmart #2783, 500 W New Circle ($50 fine)
  • Speedway #9593, 2900 Richmond Rd ($50 fine)
  • Speedway #9677, 1401 Leestown Rd ($50 fine)
  • Thornton’s #53, 2291 Elkhorn Rd ($50 fine)
  • Steak N Shake, 1832 Alysheba Way ($50 fine)

Businesses who weren’t compliant received a notice to correct before they were cited and fined. Every citation has been issued in the last few months, according to copies of each citation.

Handing out notices and citations has been the health department’s primary method for enforcing Beshear’s COVID-19 mandates. Officials have said multiple times that it’s up to individuals to follow the guidance, and there’s only so much they can do to enforce it.

The health department does have the authority to fine businesses for multiple violations, including restaurant tables not being 6 feet apart or employees not requiring that patrons practice social distancing. But all of the COVID-19-related complaints as of Wednesday had been about masks, Hall said.

“It’s been a mix of employees not wearing masks, or staff not enforcing them,” he said.

If the health department gets complaints for businesses outside the health department’s authority, health department officials notify “the appropriate agencies to investigate,” Hall said.

The health department hasn’t made any plans to increase health inspections, Hall said. There are staffing limitations, but the health department has also been focused on trying to help businesses improve their compliance, Hall said.

This story was originally published November 12, 2020 at 11:15 AM.

Jeremy Chisenhall
Lexington Herald-Leader
Jeremy Chisenhall covers criminal justice and breaking news for the Lexington Herald-Leader and Kentucky.com. He joined the paper in 2020, and is originally from Erlanger, Ky.
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