To try to get around a local order that said masks must be worn inside public establishments but exempted private clubs, two restaurants in the Kansas City, Mo. area repositioned themselves by charging $1 “membership fees” to be able to “join” and gain privileges to eat there mask-free. The moves gained public support, but the county responded by posting a notice that one of the restaurants was closed for violating the order.
Public restaurants in the Kansas City, Mo. area have been trying to reposition themselves as “private clubs,” KCTV NBC 5 of Kansas City reported, in an effort to get around a local county order that masks must be worn inside public establishments.
Rae’s Café, a restaurant in a strip mall in Blue Springs. Mo., was the first to try to avoid the mask mandate by posting signs that it was “not open to the public” and that “Our authority comes from GOD!” KCTV reported. The owner asked for a one-time, $1 membership fee to be able to “join” and gain privileges to eat in the mask-free café.
Jackson County, Mo. has issued different rules for private and public businesses in its attempt to combat the COVID-19 pandemic, including an exemption for private establishments from the masking mandate, KCTV reported.
Rae’s Cafe’s move was followed a few days later by Leed’s Diner in Kansas City, Mo., KCTV reported, with that restaurant also posting signs that it was now a private club and not open to the public, and that anyone wishing to dine inside would have to join the club by paying one dollar and signing their name.
“Where we’re at is, we know that if they would come in while the mask mandate was there, then we would probably be fined,” Esther Peterson, Leed’s Diner’s owner, told KCTV. “So I figured we’d go ahead and make the decision now. Go ahead and stand now.”
Regulars and first-timers alike were surprised by the sign on the door at Leed’s Diner, KCTV reported. “Well, I was a little bit shocked,” said Brenda Zeltman, who said she was a regular at the diner. “But if that’s the difference between closing this place down and having it become a private club, I’m glad to see it [as] a private club.”
Most customers hadn’t heard about the potential loophole in the mask order exempting private clubs, KCTV reported. Peterson said her attitude was that all is fair as long as it exists.
“We can tell all the politicians who do the same exact thing that they made the loophole and we’re just going by it,” she said.
In both cases, KCTV reported, the restaurants drew support for their action from people, including some who stood outside with signs that included messages like “Masks Are Stupid.”
But a week after Rae’s Café started the movement, KCTV reported, county authorities responded to Rae’s Café’s action by posting a notice on that establishment’s door that it was being shut down.
“Based on your continued violation of the Order and disregard for enforcement actions, Rae’s Café… is closed effective immediately to protect the health and safety of residents of Jackson County,” the notice said.
Legal experts contacted by KCTV about the situation said it would only be a matter of time, in their opinion, for the other shoe to drop.
“There’s a little bit of precedent out there about the distinction between a public business and a private club, but I think it’s new as to COVIC,” Allen Rostron, a Law Professor at the University of Missouri-Kansas City, told KCTV.
Loopholes like the one the restaurants were trying to take advantage of tend not to stand up in court, Rostron added. If the scenario were to end up in front of a judge, he said, a major factor to the case would be in proving that the restaurants are in fact private clubs, and their operations wouldn’t align with historically private businesses like golf or country clubs, where there’s typically a vetting process, referral system and significantly higher fees.
KCTV’s video reports on the situation can be viewed at https://www.kctv5.com/news/local_news/private-club-in-blue-springs-uses-masking-exemption-loophole/article_033ab9ba-1023-11ec-acb0-6fcffa974abf.html and https://www.kctv5.com/news/jackson-county-businesses-turn-into-private-clubs-to-avoid-mask-order/article_96c6759c-11be-11ec-818e-b7fcd561c7b4.html
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