CORTLAND — The Trumbull County Combined Health District is pursuing administrative orders against a local restaurant for violating public health orders.

“Scientific data doesn’t back what they want us to do,” responded Shonna Bland, owner of Top Notch Diner, 682 S. High St., Cortland. There’s a sign on the door saying the business “will not force any mask / facial coverings …”

“You having that mask on is hurting your immune system right now,” Bland said. “What are we doing all this for? What’s gonna happen when flu season comes around?”

For the most part, when the health district investigates complaints about customers or businesses not following pandemic health orders, the businesses make changes to come into compliance.

But Top Notch has not, said Kris Wilster, director of environmental health for the district. There have been repeat problems with employees not wearing masks or providing for social distancing, and the establishment has a sign stating the restaurant would not enforce mask wearing, Wilster said.

Gov. Mike DeWine, during a stop Friday at the Youngstown-Warren Regional Airport, shook his head in disappointment when told about Top Notch.

“I don’t know why anybody …” he said, and then paused.

“I just shake my head, that’s all,” DeWine said. “That’s all I can say. I just shake my head. Let me just shake my head, and I don’t have to say anything.”

In light of President Donald Trump testing positive for the virus, Bland resolves that she will keep the sign on the door.

“He had no symptoms, and most people don’t have symptoms,” Bland said. “The test is bull –. It’s straight bull –.”

INVESTIGATED

The county health district investigated the claims against the restaurant and sent a notice of violation.

“Talking to the business usually works. That is the good news, most businesses will work with us. Our inspectors explain why the order is in place, and usually the explanation is enough for them to make the right changes,” Wilster said.

But the district is moving to the second step in the complicated process to gain compliance in the case with the diner, he said. An administrative hearing is expected to be scheduled with the business owners next week.

“There’s nothing they can do to me. It’s not a criminal act. I’m not committing a crime so they can do nothing,” Bland said.

If compliance remains an issue after the hearing, the next step is for the case to be brought to the Trumbull County Board of Health. If the board decides to pursue the matter further, a complaint could be filed in court, Wilster said.

“It is a long, drawn out process. We can’t just issue someone a summons like a police officer can,” he said.

While it can be difficult for a business to enforce mask wearing on customers, there is no reason why employees shouldn’t comply with the orders, although there are some necessary exceptions allowed by the orders, Wilster said.

Wilster said the state doesn’t give the health districts a lot of tools to handle habitual violators. Alhough the district looked for money to hire investigators, none was available, he said.

ENFORCEMENT

Trumbull County Sheriff Paul Monroe said his office helps with contact tracing — tracking down people who came into contact with people who have tested positive for the coronavirus — but is not responsible for enforcing the orders.

“As far as commercial businesses are concerned, if there is a problem with someone, a deputy will be available to go with the health inspectors. The job of enforcement is up to the health department, but we are there to support them if they need it,” Monroe said.

When restaurants were allowed to reopen, with restrictions, Bland said there was an effort to wear masks. She said having a waitress station in the kitchen rather than in the air conditioning made it unbearable.

Bland said there has been a bump in business since putting the sign up, and feedback has been primarily positive.

“I’ve had more people say thank you, keep doing what you’re doing and don’t back down,” Bland said. “I’m not gonna back down.”

Customers Mary Leigh and Myrna Husted, both of Warren, said they believe it’s fine not wearing a mask to a restaurant.

“When you eat your food, you can’t eat with a mask on. So I think it’s fine. They wipe down the tables good, and they place the salt and pepper down individually after being wiped off,” Husted said.

Husted also said she believes there is a significant difference between going to a grocery store and going to a restaurant.

“When you buy groceries, you’re going down an aisle and sometimes you’re close to people. In here, you sit at your own table, and the tables are far apart,” she said. “I feel comfortable.”