‘They have to comply’: City awaiting compliance plan from Madsen’s, ‘further action’ could be taken
Officials say a Lincoln pool hall could face further penalties if they can't come up with a plan to get into compliance with directed health measures.
Officials say a Lincoln pool hall could face further penalties if they can’t come up with a plan to get into compliance with directed health measures.
Mayor Leirion Gaylor Baird was joined by City Attorney Yohance Christie and Interim Health Director Pat Lopez in saying that Madsen’s Bowling & Billiards is expected to supply the health department with a plan by the end of Friday.
Madsen’s has refused to follow orders from the health department since last Saturday when the business was ordered to close.
Officials had maintained they wanted to focus on educating the business, and owner Ben Madsen, on the health measures – but said time is running out before other actions are taken.
“We do expect the business to comply,” Lopez said. “They have to comply.”
Christie called the situation “unprecedented,” and said there’s no road map for how the measures should be enforced. His office took Madsen’s to court on Wednesday, seeking an injunction to close the business until they complied. A judge determined there were other measures available to achieve the same result – including the use of law enforcement to forcibly the business down.
Christie said the business has forced other actions to be taken.
“At this point I think we’re going to have to issue a citation to the business owner,” he said. “Further action will be taken should the business remain out of compliance.”
Christie declined to say exactly whether law enforcement would be called to step in, but said a citation could be issued as soon as Wednesday evening. A citation could bring a $500 penalty and up to six months in jail, but Christie said there is not a plan at this time to arrest anyone.
Lopez, whose position and authority have been called into question by Madsen’s attorney, said the health department had been in contact with the business about a compliance plan.
“We expect to have a plan later today,” she said.
The health department drafted an example of a plan that Lopez said would suffice, which including physical distancing, limiting part sizes and mask wearing – something Madsen has refused to require of his patrons.
Christie backed Lopez, saying his office has no concerns about her authority. He said that is something that could be discussed later in court.
The health department posted signs on the business’ doors Friday morning declaring the area closed to the public. Madsen ripped the signs down as he arrived at work.
Stressing public safety, Mayor Gaylor Baird said the conflict with Madsen’s is “small compared to what’s at stake.”
“We need everyone pulling together to protect this community,” she said.
Madsen declined to talk to reporters Friday morning, but posted a video to Facebook prior to arriving at his business.
“It begins,” he said in the video. “If you don’t think that they’re capable of going against the truth and if you think that they’re bluffing you’re wrong.”
Reached Friday morning by phone, Madsen’s attorney, J.L. Spray, told Channel 8 Eyewitness News his client views the new orders issued by the health department as null.
“He’s open for business,” Spray said. “They’re serving some great hamburgers.”
A stream of patrons could be seen entering the business since it opened at 11 a.m.
