Pismo’s employee tests positive, but Fresno restaurateur stands ground on indoor dining
One employee has tested positive for COVID-19 at Pismo’s Coastal Grill as the owner of the high-profile Fresno restaurant is standing his ground and keeping his dining room open.
Pismo’s and its owner, Dave Fansler, were in the spotlight over the weekend as the Fresno restaurateur decided to keep indoor dining open at Pismo’s and his other restaurant, Westwoods BBQ & Spice Co., despite Gov. Gavin Newsom’s order last week to close indoor dining in 19 counties with rising coronavirus numbers.
Fansler said his 84 feet of large, garage-style roll-up windows on two sides of the building mean the restaurant should be considered outdoor dining or at least an “open-air” restaurant. The restaurant’s indoor dining was open throughout the weekend and Fansler said Monday that he planned to keep it open.
Authorities disagree, saying the move violates the governor’s order.
Fansler said he received five citations since late last week – three from city code enforcement and two from California’s Department of Alcoholic Beverage Control.
He also confirmed Monday that an employee at the restaurant tested positive “just a few days ago.” He said he “for sure” did not catch it inside the restaurant.
The worker came in to work after two days off and a temperature scan did not raise any red flags, Fansler said. After an hour, the worker said he or she wasn’t feeling well and was sent home.
The employee had been in contact with the public, but never without wearing a mask, he said.
The worker is being quarantined for 14 days. The person must test negative twice with 24 hours between the tests before returning to work, Fansler said.
Citations
On Monday, Fresno County’s interim health officer, Dr. Rais Vohra weighed in on the situation at Pismo’s.
“As it stands now, the open windows would not be enough to consider that outdoor dining – and I know that’s a somewhat controversial statement,” he said. “As it stands, it’s still considered indoor dining.”
He also said he is talking with Fansler and continuing to seek clarification with other agencies.
As of Monday morning, the City of Fresno had not fined the restaurant, confirmed city spokesman Mark Standriff. Code enforcement would only go back out if it received another complaint, he said.
“Our goal is to fix, not fine. We gave him a notice,” he said. “If we go back out again, it’s possible there would be fines.”
The Department of Alcoholic Beverage Control confirmed it has an active investigation at Pismo’s.
It did not share any other details, but said a restaurant owner who violates the governor’s order could face a misdemeanor citation and “administrative action” against its liquor license.
The department is one of seven state agencies enforcing workplace rules relating to coronavirus, part of “strike teams” the governor announced last week. The agencies will target workplaces not in compliance, using permits or licenses the companies have with the agencies as leverage.
At least one such citation from the ABC included a court date in October, Fansler said.
He said: ”They said they reserve the right to have immediate action against your license.”
Standing his ground
But Fansler said he isn’t worried.
“I’m pretty comfortable in my own skin about this,” he said. “I know Pismo’s is an open-air restaurant and there’s really no guidelines for this. They really should be figuring out how to make it work versus shutting it all down. I’m kinda all in on this. I’ve seen enough, heard enough, taken enough.”
He said he’s starting talking with the city and the county about a possible compromise, but those discussions are preliminary.
Pismo’s is safe, Fansler said. The windows are open and the air conditioning is on. Workers are wearing face masks and gloves, sanitizing constantly and standing 6 feet away from customers.
“I think it’s for sure one of the safest dining environments in the city,” he said.
Community spread of coronavirus is happening “either at people’s (families), or these kids going up to the lake, and at bars,” he said.
Public reaction
Fansler has posted publicly about his situation in social media posts, on Facebook and other platforms.
Some commenters have responded angrily, saying he doesn’t care about the health of his workers or customers. Several promised to report the restaurant to various state agencies.
But he’s also received a huge outpouring of support.
Many people vowed to support the restaurant and shared pictures of themselves dining there.
Al Smith, the former CEO of the Fresno Chamber of Commerce, said he would pitch in to pay for any legal fees Fansler would face and encouraged others to do so in a Facebook post Sunday.
This story was originally published July 6, 2020 at 12:46 PM.
