ABC finds Rockin’ Pig not in compliance with mask directive

Residents recently reported concerns after observing staff at the Rockin’ Pig Saloon in Eureka Springs not wearing masks and being told by servers that their manager said wearing a mask was optional. A sign outside the restaurant located in the Gaskin Switch center seemed to encourage patrons to claim they had a health condition that exempted them from mask requirements.

Arkansas law requires servers, cooks and other employees of restaurants to wear masks to help prevent the spread of the highly contagious virus that causes Covid-19. Customers are required to wear a mask until they are served drinks or food. Emergency laws for restaurants are being policed by agents from the state’s Alcohol Beverage Control (ABC) agency.

ABC spokesman Scott Hardin said agents checked the Rockin’ Pig last weekend.

“Agents found the Rockin’ Pig was not in compliance with state health directives related to Covid-19,” Hardin wrote in an email. “As a result, ABC agents submitted the potential violations to ABC Director Doralee Chandler for review. Director Chandler will make the determination on specific violations along with the associated penalties. The bar’s management was informed of the compliance failure.”

Hardin’s email included a form used by agents to comment on the findings of inspections. Potential violations include staff not wearing a mask that completely covers the nose and mouth, and staff not asking patrons who arrive at the facility without a facemask to put one on prior to entering.

ABC had visited Rockin’ Pig twice before. In an email in late July, Hardin said the establishment was in compliance with eight of the ten Covid-related directives but failed in two areas.

“Agents noted two customers were not wearing masks prior to ordering while there was also a server not wearing a mask,” Hardin said in an email. “As a result, they issued a verbal warning that a violation would be issued if directives are not followed going forward. The agents very quietly conduct their follow up compliance checks following a verbal warning.”

Hardin said along with the verbal warning, agents provide education and encouragement to follow the directives. If a follow-up visit reveals that is not the case, appropriate action is taken. The penalties may range from a fine or license revocation.

Resident Mark Eastburn visited Rockin’ Pig July 27 after hearing that the restaurant employees were not following the mask law. He returned on July 31 and told the manager that they were in violation of the law. He said he told the manager that they were defying the health department and were risking losing their liquor license.

“She doesn’t care,” Eastburn said.

The manager was contacted by the Eureka Springs Independent on Monday, and said she had no comment. She referred the inquiry to owner Marshall Johnson and provided his email address. Johnson had not responded to the email by deadline.

On his second visit, Eastburn stood on the sidewalk with a sign that said: “Pig Don’t Care. Don’t Eat There.”

Police were called, and Eastburn said the policeman, who was not wearing a mask, sided with the restaurant manager and asked Eastburn to leave the property. Eastburn said the policeman was initially also not six feet away. The mask ordinance requires masks only when social distancing of at least six feet cannot be achieved.

Police Chief Brian Young said in an email that state law says there is an exception to wearing a mask when six feet distance is not achievable, but a mask is inhibitory to the ability to safely and effectively perform the job.

“This is why the officer did not have a mask on at the time when he dealt with Mr. Eastburn,” Young said. “Now, even though the officer did not have a mask on, he kept a six-foot distance. This is confirmed on body cam. Also, yes, Mr. Eastburn was on public property when the officer spoke to him, but the officer advised him not to return to the private property of the Rockin’ Pig and the entire property, per the property owner.”

Asked about a recent citizen complaint about a police officer not wearing a mask inside the Eureka Springs Post Office, Young said the law states that a mask is required in “all indoor environments where they are exposed to non-household members and distancing of six feet or more CANNOT be assured.”

Young wrote that some people think everyone has to wear a mask all the time even when outdoors and farther away than six feet.

“That is not the case,” he said. “Now, I am not saying police are exempt. I spoke with the officer about the post office incident and when an officer goes into a business outside of a complaint, then they need to wear a mask. This has been rectified.”

Young pointed out that it is not the responsibility of local police to enforce Covid-19 laws at restaurants and bars. That falls to the ABC. Young said that’s good considering that most law enforcement officers in the state do not have the manpower to deal with these matters.

Mayor Butch Berry said the police will follow all regulations as per the governor’s mandates.

“I was not at the Rocking Pig and only know what has been reported on Facebook,” Berry said. “The police are never above the law. I do know that I have been in contact with the county health department about this issue and they are fully aware of it. The county health department has notified them that everyone has to wear a face mask unless they have a medical condition, and then they must wear a face shield.”

The owner of Rockin’ Pig and his father, Paul Johnson, announced in mid-January that they plan on doing a $10-million renovation of Pine Mountain Village creating 100 jobs. A press release at the time said plans called for a 200-person event center, cabins, restaurants, and miles of mixed-use walking/hiking/biking trails. Paul Johnson co-owns Pig Trail Harley-Davidson in Rogers and Eureka Springs with his wife, Susan.