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Hawaii News

Over 160 Oahu businesses violate new COVID-19 mandates

As Safe Access O‘ahu mandates stretch into their third week, over 160 Oahu business operators have been cited, warned or been arrested for alleged violations of new COVID-19 requirements that include proof of tests or vaccinations for both employees and customers.

Honolulu police have issued citations or made arrests in 44 cases, and Honolulu Liquor Commission investigators, who regulate businesses that serve alcohol, have issued six notices of violation since new mandates issued by Mayor Rick Blangiardi went into effect Sept. 13 — and are scheduled to continue for the subsequent 60 days to help curb the spread of COVID-19 on Oahu.

City officials Tuesday could not immediately break down the number of arrests versus citations made by HPD because they are compiled together in the same records-keeping category, HPD spokeswoman Michelle Yu said.

“Having said that, the majority of the enforcement actions have been citations,” Yu said in an email to the Honolulu Star-Advertiser. “There have been very few arrests.”

The plurality of HPD’s 44 arrests or citations — 17 — were for lack of face coverings, and 11 were for not following social or physical distances, according to city data requested by the Star- Advertiser.

Violations carry a maximum penalty of a year in jail and a fine of $5,000.

In addition, HPD officers have issued over 100 written warnings for a variety of violations and made an unspecified number of “verbal, non-written warnings,” according to the city.

Written warnings included violations of more than 10 people gathered indoors (13), more than 25 gathered outdoors (33), lack of social and physical distancing (11) and lack of face coverings (16).

In a statement, city spokesman Tim Sakahara told the Star-Advertiser: “The great majority of businesses are in compliance with the Safe Access Oahu requirements. We are thankful to law enforcement officers with HPD and the Liquor Commission for continuing to educate and enforce the requirements. When possible violations are reported, officers, investigators or educators will respond and take appropriate action.

“We have heard from numerous businesses who have reported the Safe Access O‘ahu program has been effective and appreciate the measure as it provides guidance and gives people added confidence the establishments are safe,” Sakahara said. “We have also heard from businesses who are not required to implement the program, but have voluntarily enacted Safe Access policies as they believe in the effort and want to adopt similar safety measures.”

Between Aug. 30 and Monday, the city’s call center had received 1,820 calls and emails related to Safe Access O‘ahu.

Some 31 people who called or emailed reported possible violations, 117 said the program was too strict and 32 said it is not strict enough.

Two days after Safe Access O‘ahu went into effect, Honolulu Liquor Commission investigators began issuing notices of violation on:

>> Sept. 15 to Kinyo Karaoke Lounge for having alcohol available after 10 p.m., a violation of Safe Access O’ahu rules.

>> Sept. 17 to the Waikiki Yacht Club for failing to conduct contact tracing.

>> Sept. 17 to Little Joe’s Steakhouse, also for having alcohol available after 10 p.m.

>> Sept. 21 to Baci Bistro Kailua for not checking vaccine status.

>> Thursday to Kalo Hawaiian Food for having alcohol available after 10 p.m.

>> Saturday to Beer Lab HI for not checking vaccine status.

Each Liquor Commission violation can result in maximum fines of $2,000 and the loss of license, according to the Liquor Commission. Businesses that received notices of violation can appeal them to the Liquor Commission.

State sheriff’s deputies, who are ready to assist Honolulu law enforcement with Safe Access O‘ahu enforcement, have not issued any citations or made any arrests.

Sherry Menor-McNamara, president and CEO of the Chamber of Commerce of Hawaii, acknowledged that law enforcement efforts are limited to investigate Safe Access O‘ahu violations.

But the number of citations and arrests so far suggests that the majority of businesses are in compliance, she said.

“Given the total number of businesses in those various industries are significantly more than 60, we’re not talking about a majority who are violating,” Menor- McNamara said. “Most do know that if they don’t comply there are ramifications, and most businesses want to do the right thing. … If everybody can play their role in implementation, the faster we can get out of this.”

Notices of violation issued by Liquor Commission investigators can result from “unannounced compliance inspections, or self-initiated investigations,” said Melissa Pampulov, information specialist with the Liquor Commission.

The violation notice issued to Baci Bistro came in response to a complaint “from the public,” she said in an email to the Star- Advertiser.

On its Instagram account, Baci Bistro wrote Sept. 22 that its citation the night before resulted from “a customer calling and complaining that we were not looking at vaccine passport.”

“First, I would want to apologize to the 3 birthdays, 1 anniversary and 1 special date that had reservations for tonight but because of this we had to cancel their reservations, we are so sorry for this inconvenience. …

“Second, to the person who complained we are not sure what your motive was or if you were just mad because we didn’t check your passport, but did you stop to think of the ramifications your call would make? Did you stop and ask yourself if the employees are hourly wage earners with some just making minimum wage? What impact will this have on their business? Because of this 9 people are out of work for tonight which means they will be short one days pay. … Small businesses on this island have been hit very hard over the last 18 months and everyone is just struggling to make ends meet. To what purpose did it serve to call and complain because we didn’t check your vaccine passport? …

“For those that have been vaccinated great and for those that have not that is great as well. It is a choice, and we need to respect their decision. I am not writing this to get into a debate on what we should or should not do this is (America) the land of the free we need to remember this and start acting like we are free people and take our freedom back.”

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