COVID is raging in SLO County. Why are some businesses allowed to flout the rules?

COVID-19 is out of control in San Luis Obispo County. Nearly 500 new cases reported on Tuesday — just a day after our number of intensive care beds was reduced to 38, from 53.

Yet some restaurants are still serving sit-down, full-service meals indoors.

Some fitness centers continue to allow group workouts inside gyms and exercise studios.

Some hair stylists skirt the rules by operating out of their homes or in shops with windows papered over.

Too often, there are absolutely no consequences — and that’s not just because the sheriff and district attorney have refused to “criminalize” business owners who break COVID rules.

In certain SLO County communities, officials don’t even have the authority to fine businesses that openly defy restrictions.

Here’s why: Before an agency can impose a fine, it must have an enabling ordinance on the books, along with a local order that spells out the rules. Most cities have simply incorporated state COVID orders in their ordinances.

But not San Luis Obispo County.

According to County Counsel Rita Neal, the Board of Supervisors never took that step, and therefore, no fines for COVID violations can be assessed in unincorporated communities like Nipomo, Oceano, Cambria and Los Osos.

That means enforcement is left entirely to the seven cities.

City enforcement

All cities have been relying on education and voluntary compliance as a first step — and in most cases, that’s all it takes.

Warning letters are a next step, followed by administrative citations that carry a fine.

The city of San Luis Obispo has led the way in issuing citations to businesses violating COVID-19 regulations. It’s fined seven businesses, including one — Kennedy Club Fitness — that’s been cited multiple times.

Arroyo Grande, Grover Beach, Pismo Beach and Morro Bay have issued a small number of tickets for violations such as not wearing masks, defying parking rules put in place on account of COVID, and operating indoors.

North of the Grade, it’s a different story.

Atascadero doesn’t have an ordinance specifically authorizing fines for COVID violations.

Paso Robles has one, but it hasn’t issued citations.

The Paso City Council did, however, recently approve an enforcement program proposed by Police Chief Ty Lewis.

When suspected violations are reported, they’ll be referred to the Paso Robles Chamber of Commerce, which will work with the business to resolve the issue.

If the business is still out of compliance, the Police Department will do its own investigation and, if warranted, issue a citation.

But before that can happen, the city must appoint a hearing board to handle any cases that are appealed. Chief Lewis is in the process of setting that up.

And there’s a bigger issue. The council has made it clear that it wants citations issued only for flagrant violations — without really defining what those are.

Why only now?

Throughout much of the pandemic, the Paso Robles area has led the county in COVID cases, though not all have been in the city limits.

Still, the fact that the City Council is only now coming up with an enforcement program is discouraging.

Then again, it’s taken more action than the county Board of Supervisors.

It’s understandable that elected officials would be reluctant to fine businesses that are already suffering.

And of course agencies should rely on education before they resort to writing tickets.

But now we’re coming up on the one-year anniversary of the pandemic in the U.S. That’s more than enough time to get educated.

What we’re seeing now isn’t so much ignorance of the rules, but defiance — and again, it’s happening at a stage when the virus is more virulent than ever.

Fines are, admittedly, the weakest of deterrents.

From an economic standpoint, it can make more sense for a business to simply pay the fines and remain in operation.

There’s also the opportunity to file an appeal, which can drag out the process.

Still, that’s no reason to simply look the other way if a business decides to defy restrictions.

That not only puts the public at risk, it’s also grossly unfair to businesses that are following the rules.

We aren’t advocating fining businesses indiscriminately. But if all else fails, every jurisdiction should at least have the option of assessing fines — and in amounts that are substantial enough to make business owners think twice.

Residents throughout the county deserve equal protection from the coronavirus, no matter where they live.

We strongly urge the Board of Supervisors and the city of Atascadero to do what should have been done months ago: Adopt ordinances that will make it possible to fine businesses that put public health at risk by willfully ignoring COVID restrictions.

This story was originally published January 13, 2021 at 6:43 AM.