Two Covid cases linked to anti-mask policy

The Arkansas Department of Health has reported two cases of people with Covid-19 who visited the Rockin’ Pig Saloon in the 14 days leading up to their diagnosis. The Rockin’ Pig had openly not followed ADH guidelines for re-opening restaurants during the pandemic including requirements that employees wear masks, patrons wear masks before being served, and employees be screened for symptoms when coming into work.

ADH had recommended a civil penalty not to exceed $1,000, with a hearing set August 21 before the Board of Health. ADH offered the owners of the Rockin’ Pig the opportunity to do mediation before the hearing, and a consent order was agreed to August 17, Danyelle McNeill, ADH public information officer, said.

In an email to the Eureka Springs Independent August 18, Rockin’ Pig owner Marshall Johnson said they would not appeal the ADH ruling and are making efforts to comply with all government guidelines.

“I would like to stress that our top priority has been and continues to be the health and safety of our customers and employees,” Johnson said. “At no point in time has an employee been diagnosed with the virus. From the beginning we were serious about taking the necessary steps to adhere to all government guidelines. We respect the decision of the ADH and I would personally like to express my gratitude and respect for the hardworking people at the department.”

“It is our hope that the business will follow the guidelines going forward, but additional measures are possible if there are continued violations,” McNeill said.

McNeill said if the violations had gone before the Board of Health, that board could have imposed a higher fine, a lower fine or the same amount.

“ADH does not recommend civil penalties to make money,” McNeill said. “ADH recommends monetary penalties as a last resort when there is continued noncompliance. Education is what our primary focus is on unless compliance is not achieved.”

Eureka resident Thomas Conboy, PhD, JD, called the ADH several times complaining about the Rockin’ Pig’s failure to follow the Covid-19 rules. He wrote a letter to the editor published recently in the Arkansas Democrat- Gazette complaining that ADH was not protecting Eureka Springs by failure to take action.

Asked for comment about the consent decree, Conboy said it is great news that the Rockin’ Pig has decided to comply.

“Sad it took two Covid-19 positive cases among customers before anything was done, which is what we feared,” Conboy said.  

A 35-page document related to the Rockin’ Pig investigation emailed to the Eureka Springs Independent from ADH August 17 included complaints from the public starting July 2 stating the Rockin’ Pig was not requiring employees to wear masks.

ADH epidemiologist Mike Cima wrote on Aug. 4 “I am showing 2 cases that went to the Rocking Pig Saloon in the past 14 days leading up to their diagnosis. 1^st attended 7/4 and 2^nd on 7/18.”

ADH sent a letter to Paul Johnson (the father of Marshall Johnson) July 21 regarding an inspection stating:

1. Restaurant staff were not wearing masks
2. Patrons were allowed to enter the establishment and move about freely without masks
3. According to the manager, staff members are not being screened for symptoms or exposure before starting work
4. Single service items are not accessible to the public
5. The manager in charge stated that they had no intention to comply with the Directive

Violations at restaurants and bars are also investigated by the Alcohol Beverage Control. An ABC agent wrote that he visited the Rockin’ Pig July 31 and spoke with manager Courtney Hulse who said the business was following all other directives except for the mask directive.

“She went on to say that she had a couple of employees with health-related issues and she felt the mask directive was infringing on personal liberties of her employees,” the report stated. “I explained to her that I would have to submit this as a second violation as they had still not complied with the mask directive.”

After another inspection, on August 7, an ABC agent wrote: “I did not see any masks being worn by staff.” That report indicated the offenses included failure to maintain health, safety and sanitary standards and failure to be a good neighbor. The saloon was given a verbal warning.

The inspection report filed August 7 said there had been some progress regarding the mandates. “The manager on duty, Courtney Hulse, stated that they will not wear a face covering and do not plan to do so… and that she is prepared for any legal pushback,” an ABC agent wrote in an email.

That agent said when he asked to speak to a manager, “the manager told the hostess that the cook could talk with me and answer my questions. I spoke with the cook and advised him of the issues I observed and that more sanctions and fines would be issued. He said it was a bad situation.”

The Johnsons are planning a $10-million redevelopment of Pine Mountain Village in Eureka Springs. August 11 U.S. Rep. Steve Womack posted on his Twitter account that he visited with Marshall Johnson in Eureka Springs. The Tweet included a photo of Womack and Johnson inside the Johnson family’s Harley shop at Pine Mountain. Womack and Johnson were standing close to each other, neither wearing a face mask.

Womack wrote, “The Johnsons’ $10M redevelopment will include farm-to-table restaurants, a café, cabins, shopping, a 200-person event center, outdoor event space, and miles of hiking and biking trails. This locally-driven project will have a positive impact on jobs and economic growth.”

Johnson wrote in his Facebook post: Great visit with Congressman Steve Womack and Eureka Springs, Arkansas Mayor Butch Berry today sharing our vision for the #PMTNPROJECT !! #staytuned.

Other photos of that meeting inside the shop showed Berry wearing a mask. A photo of Berry and Womack outside the building showed both wearing masks.

Effective July 20, the Secretary of Health started requiring every person in Arkansas to wear a face covering completely over the mouth and nose in all indoor environments, excluding private residences, where they are exposed to non-household members and distancing of six feet or more cannot be assured and in all outdoor settings, excluding private residences, where there is exposure to non-household members, unless there exists ample space of six feet or more to practice physical distancing.

First-time violators will receive a verbal or written warning. Failure to wear a face covering is a misdemeanor offense punishable by a fine of no less than $100, but no more than $500.

An email to Womack’s press secretary was not returned prior to deadline.

Citizens who observe bars or restaurants not following directives may call ABC at (501) 682-1105 to report it.