Coronavirus

After days of defiance, Lexington coffee shop to follow order to stop serving food, drink

A Lexington coffee shop that has repeatedly and publicly defied health department instructions related to COVID-19 restrictions will now follow a judge’s order to cease food and beverage services.

The battle between Andrew Cooperrider, the owner of Brewed, and the Lexington health department continued for days.

Brewed opened in Lexington during the pandemic and defied Gov. Andy Beshear’s executive order to shut down indoor dining at restaurants and bars. Beshear said the order was issued to slow the spread of COVID-19 in Kentucky.

Brewed was ordered by Fayette Circuit Court Judge Thomas Travis Tuesday to cease food and beverage service until Beshear’s executive order expires on Dec. 13. The order came after several ignored closure orders from the Lexington-Fayette County Health Department and a lawsuit seeking an injunction.

The health department posted a $5,000 bond required by Travis before the order could go into effect. The bond was posted Wednesday, hours after Brewed was open and serving customers.

A patron took a selfie before entering Brewed in Lexington Wednesday. The coffee shop and bar has been operating in defiance of Gov. Andy Beshear’s mandates to close to in-person dining due to the coronavirus. The owner said later Wednesday that he’s stopping food and beverage services to comply with a court order.
A patron took a selfie before entering Brewed in Lexington Wednesday. The coffee shop and bar has been operating in defiance of Gov. Andy Beshear’s mandates to close to in-person dining due to the coronavirus. The owner said later Wednesday that he’s stopping food and beverage services to comply with a court order. Silas Walker swalker@herald-leader.com

Nevertheless, Cooperrider’s coffee shopped posted on its Facebook page Wednesday afternoon that it respected the government’s system of “checks and balances” and would follow the judge’s order to stop serving food and beverage. Instead, Brewed will be operating as an “event venue” where people will be allowed to meet friends, work or study, according to the post.

The health department initially told Brewed on Nov. 24 to stop letting patrons eat and drink inside the shop.

Cooperrider refused to comply. The health department went a step further and suspended the shop’s food license on Nov. 24. Revoking the food license meant Cooperrider wasn’t legally allowed to serve food or drinks at all, but he defied that order as well and stayed open.

The state’s Alcohol Beverage Control office got involved Nov. 25 after Cooperrider refused to follow three health department orders. Brewed also sold beer, but the state temporarily revoked the shop’s license to serve alcohol.

The local health department filed the lawsuit against Cooperrider on Nov. 25 to get the temporary injunction that would legally force the shop to close.

After Cooperrider’s shop opened again on Wednesday morning, at least two uniformed Lexington police officers gave Brewed their business, according to WKYT, the Herald-Leader’s reporting partner. A Fayette County Public Schools officer also stopped at Brewed. Brewed had announced on Facebook Tuesday that all first responders would get a 50 percent discount on their orders.

Patrons sat inside Brewed breaking Wednesday before the owner announced he was going to comply with a court order to stop food and beverage services after he refused earlier attempts to get him to stop serving indoors.
Patrons sat inside Brewed breaking Wednesday before the owner announced he was going to comply with a court order to stop food and beverage services after he refused earlier attempts to get him to stop serving indoors. Silas Walker swalker@herald-leader.com

Brewed said it was giving them the discount because the Lexington Police Department had “refused” to shut the shop down last week. Police characterized the situation differently.

Lexington police were called to Brewed last week when they refused to adhere to the governor’s executive order, police spokeswoman Brenna Angel said. But after discussions with the health department, Lexington police determined that the issue was a civil matter, and it couldn’t take action.

“Claims that Lexington Police ‘refused’ to shut down the business are inaccurate,” Angel said. “We have been in contact with the health department regarding steps going forward in light of their court case.”

Angel also addressed the fact that officers were seen at the shop Wednesday morning.

“Lexington police expects all personnel to be aware of their actions, particularly while in uniform, and how those actions reflect on the department as a whole,” she said. “Reports have been made that two officers were seen patronizing Brewed Wednesday morning. We will address this report with any officers involved.”

Beshear criticized the officers during his COVID-19 update Wednesday evening.

“For a law enforcement officer to walk into a place that’s blatantly violating the rule of law, how can they expect other people that they interact with to follow the rule of law? If somebody doesn’t believe in certain laws that we have out there, or drug laws for instance, I hope those police officers expect them to follow it,” Beshear said. “And I certainly would like to see a better example.”

We respect that our system of government has checks and balances. A judicial review has upheld the orders unfortunately....

Posted by Brewed on Wednesday, December 2, 2020

This story was originally published December 2, 2020 at 12:15 PM.

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.
Get one year of unlimited digital access for $159.99
#ReadLocal

Only 44¢ per day

SUBSCRIBE NOW