Fresno County DA at odds with state over citing restaurants during pandemic
The Fresno County District Attorney’s Office has declined to file criminal charges against four Fresno County restaurants who were accused by the state of failing to comply with California’s mandated regulations during the COVID-19 pandemic.
In July, a team from the California Department of Alcoholic Beverage Control cited seven businesses in Fresno and Tulare counties for violating the governor’s COVID-19 health order, allowing only patio dining, takeout and delivery sales.
The citations were sent to the respective district attorneys in Fresno and Tulare counties for possible prosecution.
Four Fresno County restaurants cited by the ABC this summer for allegedly violating the indoor dining rules were House of Juju, and Luna’s Pizzeria & Italian Restaurant in Clovis and Pismo’s Coastal Grill and Culichi Town in Fresno.
But District Attorney Lisa Smittcamp decided against filing charges, saying it involved many legal issues regarding the insufficiency of evidence and the fact that there are several administrative remedies the state and the ABC can take without bringing business owners to court.
“The legislature of the State of California and Governor Newsom continue to create and implement policies that promote the de-criminalization of activities that many in law enforcement consider to be harmful to the health and safety of Californians, yet they want to make criminals out of people who are trying to make a living, keep their employees working, and attempting to stimulate our local economy while also respecting the health and welfare of our community,” Smittcamp said in a news release.
Restaurants have been cooperating
Smittcamp said each of the restaurants, which she did not name in the release, that was cited by ABC has worked with the Fresno County Department of Public Health to become compliant with the “ever-changing, and sometimes confusing, regulations set out by the state.”
ABC spokesman John Carr said it is the district attorney’s prerogative whether to file criminal charges. And if they don’t file charges, it doesn’t automatically mean the restaurants are off the hook. The restaurants could face an administrative law judge over violating the state’s health order.
Also still waiting to be resolved is the issue over whether Pismo’s dining room meets the definition of outdoor seating. Owner Dave Fansler has maintained that his 84 feet of large, roll-up, garage-style windows mean his dining room should be considered outdoor dining.
This story was originally published September 8, 2020 at 6:59 PM.
