‘Purely survival.’ Restaurants offer indoor dining despite Washington’s COVID rules

Farm Boy Drive In, in south Thurston County, Washington first opened its doors in 1980 but the local restaurant has struggled through the restrictions the state has implemented during the COVID-19 pandemic.

“It’s only to-go orders and that is not enough to keep my business afloat,” Farm Boy owner Brian Robbins told McClatchy News during a phone interview.

Robbins’s family opened the Farm Boy 40 years ago and he started working there at 14. He took over operations in May, as the pandemic moved across the U.S., forcing some states to close bars, reduce capacity or close inside dining in restaurants and other preventative measures.

Robbins said they’ve cooperated with all of the state’s regulations — everyone has to wear a mask, they sanitize every frequently touched surface and they ask all patrons if they’ve had symptoms or quarantined — before allowing anyone inside to abide by the state’s social gathering requirements.

But the latest round of mandates that went into effect on Nov. 18, which restrict restaurants and bars to only offering take-out and outdoor dining, would send Robbins’s business over the edge, he said. That’s why, on Thursday, he decided to defy the state order and open for indoor dining.

“I started looking at my books when I heard [Gov. Jay Inslee] say he’s not opening up restaurants on the 15th like he said he was going to, and it was either continue to do take-out and go under, or open up my business and live in America,” Robbins said.

The new mandates were prompted by a recent spike in the number of coronavirus cases in Washington, which stood at 170,342 as of Thursday, according to Johns Hopkins University.

The guidance prohibits people who don’t live together from having social gatherings indoors unless “they quarantine for 14 days prior to the social gathering or quarantine for seven days prior … and received a negative COVID-19 test result no more than 48-hours prior to the gathering,” according to the governor’s website.

Restaurants, however, can’t operate indoor dining services under those terms, the guidance says, and there are strict rules for them to follow if they offer outdoor dining.

Robbins says he was inspired to open his doors by Spiffy’s Restaurant and Bakery in Chehalis, which reopened for dine-in services on Dec. 1, according to a Facebook post from the restaurant’s owner Rod Samuelson.

“The owner told me if he didn’t open up his doors, he was going to have to close, and that’s not right,” Robbins said.

The Farm Boy employs 10 people and they would lose their jobs if the restaurant went under, Robbins said.

“It has nothing to do with politics, it has everything to do with survival,” Robbins said. “I’ve got 10 employees that rely on their paychecks. Just because Inslee says that they’re non-essential, that’s not right. Every single person’s paycheck is essential … What makes him think that he can determine who is essential and who is not?”

The Washington state Department of Health reports that “food service/restaurant” businesses top the list for COVID-19 outbreaks outside of healthcare settings, with 184 outbreaks reported during the course of the pandemic and 16 reported between Nov. 15 and Nov. 21.

Robbins said the majority of feedback he has received from community members has been positive.

“We’ve had more people call the last two days and tell us that they love what we’re doing and more businesses need to step up and do this,” Robbins said.

The Farm Boy announced it would open for indoor dining in a Facebook post on Dec. 1. The post also said the business expects to face repercussions for defying the guidance, which Robbins said could result in a fine or having his restaurant license revoked.

“We’re doing what we can to stay alive,” Robbins said. “It’s either sink or swim, and I’m not going to sink. I’ve put too much blood, sweat and tears into this place to quit now.”

The governor’s office did not immediately respond to McClatchy News about what consequences the business might face.

Some businesses in the state have been fined for ignoring restrictions or defying mask mandates, but Tim Church, a spokesman for the state’s Department of Labor and Industries, told McClatchy News that only one restaurant has faced repercussions beyond that.

A Whatcom County Superior Court judge issued a restraining order against a restaurant in Lynden, demanding the business comply with orders from the Labor and Industries, Church said. If it does not comply, it could possibly face a contempt charge, according to Church.

CORRECTION: An earlier version of this article incorrectly stated that the majority of COVID-19 outbreaks outside of healthcare settings have come from “food service/restaurant” businesses.

This story was originally published December 3, 2020 at 5:15 PM with the headline "‘Purely survival.’ Restaurants offer indoor dining despite Washington’s COVID rules."