Court Upholds Nearly $1 Million Fine Against Restaurant That Ignored Pandemic Indoor Dining Ban

A Washington state restaurant that ignored a 2020 state COVID-19 pandemic order must pay a fine of $936,000 – $18,000 per day, for each day it remained in operation while the state’s emergency order banning indoor dining was in place, an appeals court has ruled.

Washington state Gov. Jay Inslee speaks to reporters in Seattle on March 16, 2020. Elaine Thompson/Pool/Getty Images

The ban, imposed in late 2020 by Washington Gov. Jay Inslee (D), went into effect following a jump in cases and hospitalizations (unaudited!). In response, the owners of Stuffy’s II restaurant, Bud and Glenda Duling, ignored the order – resulting in the financial punishment.

The fine was levied by the Washington State Department of Labor and Industries – which the Dulings say they cannot pay. Meanwhile, the Board of Industrial Insurance Appeals did not have their back, refusing to weigh in after saying they don’t have the authority to deal with constitutional matters. A superior court judge upheld the decision.

Despite providing tax returns showing that it operated at a loss in 2020 and received a PPP loan, the court ruled that the Dulings have not provided evidence that their company cannot pay the fines.

„Duling has not demonstrated that it is unable to pay the fine or that the fine is excessive,” Judge Rebecca Glasgow wrote for the unanimous panel of the U.S. Court of Appeals of the State of Washington judges that considered the case. „There is nothing in the record about what savings or assets Duling had,” Glasow continued, adding „Duling had ample opportunities to provide additional documentation and deposition testimony to support its contention that it was unable to pay the fine, and it did not do so.”

In a Dec. 5, 2020 Facebook post, the Dulings said they had made the decision to resume indoor dining.

„It has come down to the point where we shut our doors after today and call it quits after 32 years of proudly serving the community, or we fight,” they wrote. „We have made the decision over closing that we are fighting. If we go down, at least our employees will be able to have a better chance at having a better holiday season! This is not just about us as the owners struggling; this is about our Stuffy’s family.”