Why some Fresno, Clovis restaurants are seating diners — and others aren’t — despite orders

Since the last round of coronavirus restrictions went into place for Fresno-area restaurants in early December, James Caples has been fielding the same calls and Facebook messages almost daily.

“The question is, ‘Why aren’t you open?’” said Caples, who owns Benaddiction, the small breakfast spot at Bullard and Marks avenues in Fresno. The restaurant has stopped all table service and is doing to-go orders only.

Customers are asking because there are restaurants in Fresno and Clovis that are continuing to seat customers, both indoors and out, despite the stay-at-home order mandating they offer only takeout or delivery food.

Indeed, social media is abuzz with posts condemning or congratulating, but mostly listing, restaurants that are continuing with seated dining. One post, condemning Old Town Clovis where several restaurants were reportedly offering in-person dining last weekend, has more than 200 comments.

Many businesses were called out by name.

Which restaurants are still open?

Some places have been public in their defiance of the state order.

A sign outside Luna’s Pizzeria’s on Pollasky Avenue in Clovis welcomed customers to a “peaceful protest.”

“Please feel free to join in at your own free will.”

Down the street sits House of JuJu, the owner of which criticized Gov. Gavin Newsom’s regional stay-home orders at a “Rally and Trump/Patriot Parade” on Saturday and was also seating customers, according to a GV Wire story.

Both restaurants already received misdemeanor citations from the California Department of Beverage Control in July. The ABC is part of multi-agency strike team the governor assembled to enforce the dining rules.

The city of Clovis wouldn’t say whether it was aware of any restaurants currently operating in defiance of state orders, but “there have been local businesses who have chosen to remain open in an effort to keep their employees working and their business afloat,” said Andy Haussler, the city’s Community & Economic Development Director.

“For many, complying with the recent shelter-in-place order means closing for good, a position that is hard to imagine,” Haussler said.

“Our policy has focused on education, while leaving enforcement to the agencies responsible for enacting the health orders.”

Complaints can be made through the city’s website, by clicking on the government tab, selecting customer service, then code enforcement. A request can be filed, with detailed comments and pictures added, under the COVID-19 complaint link.

Community complaints, investigations, citations

In Fresno, city code enforcement has issued dozens of citations to businesses for violating social distancing and/or being open against orders. The fines have ranged from $250 to $5,000. Planet Pumpkin, a temporary pumpkin patch/carnival, was issued $14,000 in citations over 15 days in late October.

Investigations are based on community complaints through the city’s FresGO app (under code enforcement complaints) or on the phone (559-621-8400).

Fresno’s Waffle Shop, one of the most public offenders of non-compliance, received a $5,000 fine from the city in May and a $500 citation in early December.

Its owner, Ammar Ibrahim, described the situation at the time as “BS.”

“I think everyone is essential and has the right to make a living,” Ibrahim said.

“It’s our constitutional right to make a living and support our families.”

The city has not issued any citations this week, but said since the pandemic began in March it has received 3,346 complaints about businesses breaking social distancing and/or being open against orders. It has handed out 1,781 notices, the precursor to issuing a citation.

Why are restaurants choosing to comply?

For Caples, the choice to comply with the state regulations at Benaddiction was simple, if not totally obvious or easy to make. He did a cost benefit analysis and the risk was just not worth the reward. Aside from potential fines, there could be repercussions from state agencies like the ABC.

Benaddicton doesn’t have a liquor license to lose, but the ABC could keep the owners from getting a license in the future, Caples said. There is also the potential that the state could just decertify his business, he added.

Caples said he realizes his assessment wouldn’t be right for every business, especially those with high monthly rents and employee costs, but it’s the sacrifice restaurants have to make right now.

“I hate it,” he said, but it’s only made worse by restaurants choosing to defy the rules.

“The more we try to ignore this, the longer it’s going to go on and the more it’s going to hurt,” Caples said.

Benaddiction isn’t alone.

In an email to its customers last week, Clovis restaurant Trelio explained its decision to follow state orders and close all dine-in service, even though it means missing out on the most profitable month of the year. The restaurant created a new take-out menu, which it hopes can bridge the gap until it can resume dine-in service.

“We have chosen to not follow the example of many restaurants in our area,” the email read.

“We do not do this because of a disagreement with their stance against our closure due to restaurant impact on Covid numbers, rather for the responsibility of ensuring that there is an ICU bed available for those in dire emergencies over the next few weeks as the inventory is sitting at 0%.”

This story was originally published December 16, 2020 at 3:00 PM.