Colorado suspends license of Castle Rock restaurant that defied coronavirus public health order

State health officials on Monday suspended the license of a Castle Rock restaurant that opened to large Mother’s Day crowds, a warning to other Colorado eateries that might also consider defying the statewide public health order that limits restaurants to take-out and delivery services.

C&C Coffee and Kitchen presents an “immediate health hazard,” Gov. Jared Polis said at a news conference, and its business license will be suspended until it no longer creates a threat to public health — likely for at least 30 days.

“I hope, I pray that nobody falls sick from businesses that chose to violate the law,” Polis said when announcing the suspension. “But if the state didn’t act and more businesses followed suit, it’s a near guarantee that people would lose their lives and it would further delay the opening of legitimate businesses.”

The restaurant drew national attention after it opened to dine-in customers Sunday, with crowds of people filling all the tables and a patio, and forming a line outside the door. No one was practicing social distancing inside the restaurant and very few people wore masks in photos and a video that circulated on social media.

The eatery remained open Monday afternoon despite the suspension and an order from the Tri-County Health Department to shut down. Customers continued to dine there, with some saying they wanted to show support for the restaurant.

“It is disheartening that this restaurant has chosen to move ahead of the public orders and not even consider implementing best practices to prevent the spread of COVID-19,” John Douglas, Tri-County’s executive director, said in a statement announcing the closure order.

Health officials and the governor’s office did not immediately answer questions about how they will enforce the license suspension, the order to close, and the statewide mandate that restaurant workers wear masks when interacting with the public.

“Serve the people of the community”

Owners Jesse and April Arellano reopened the restaurant as a service to the community after receiving emails from customers who were tired of being cooped up and wanted to celebrate Mother’s Day with a meal out, Jesse Arellano said Monday.

“We’re here to serve the people of the community, churches and schools, and anyone we can help. That’s why we’re in the business, to serve people,” he said.

“I’ve seen a lot of love and I’ve seen a lot of hate,” he added. “We’ve gotten death threats; ‘We’re going to burn the place down,’ ‘I hope all your family all gets COVID and dies,’ and things like this.”

The restaurant complied with the state’s restrictions for two months, Arellano said, and was in a “tight spot” financially. The restaurant didn’t reopen for money, he said, adding that they’ll likely spend some of the Mother’s Day profits on fines, and may donate some to churches or other small businesses as well.

“Everyone is tired of this and they’re ready to live life,” he said. “What kind of life are we going to have if we’re all scared to live and we’re always in a bubble? No one wants to live like that. There are risks all over the place, every day. There are animals who can hurt you in the mountains, but you don’t stop going there. You can drown in the ocean surfing, but people still go.”

Happy Mother’s Day from C& C in Castle Rock, where the owner said this is almost double a normal Mother’s Day. pic.twitter.com/cPSzjmAfAg — Nick Puckett (@nick__puckett) May 10, 2020

He said he is not yet sure what the restaurant will do next. Those who violate the statewide public health order commit a misdemeanor criminal offense punishable by a fine of up to $1,000 and up to a year in jail.

“If we mishandled food or whatever, they can intervene and they do,” he said about the Tri-County Health Department. “I understand they have the power, I’m just saying I disagree with the power because they’re not elected.”

Rob Taylor, a customer and family friend of the Arellanos, said Monday he drove up from Colorado Springs to have a meal and support the restaurant.

“Basically, my stand is on the United States Constitution,” he said. “We have the freedom of commerce. We have the freedom to do business. And our amendment rights and Constitution instructs me to, when I see something that maybe the government isn’t doing right, to be bold enough to say, ‘We are going to do it this way, and we are going to honor God, and our Founding Fathers.’”

A sign on the restaurant’s door Monday read, “ATTENTION! Our freedom doesn’t end where your fear begins. If you are scared, stay at home. If you are afraid to be within six feet of another business, DO NOT ENTER THIS BUSINESS! God Bless America, Land of the ‘Free’ and home of the brave.”

Restaurants and bars in Colorado have been limited to take-out and delivery services since March 19 due to the novel coronavirus pandemic. Polis said Monday that the state will make a decision on the next steps for restaurants on May 25, and said that officials will issue guidance to restaurants on how to reopen safely.

“We’ll be working with the restaurant owners and others to develop the practices that make sense for reopening,” he said. “How can we increase outside and patio dining for the restaurants that can? How do we have the social distancing we need in the restaurants, but also the customers we need for restaurants to continue to thrive?”

Polis said the suspension may mean C&C Coffee and Kitchen will remain shuttered even after restrictions on all other restaurants in the state are lifted.

“It’s unfortunate that the owners and the employees of C&C Coffee and Kitchen will have to suffer the economic loss of a prolonged closure when other restaurants across the state are likely opening and welcoming customers,” he said. “It’s really unfortunate that they’ll remain shuttered indefinitely until they can resolve the health hazard.”

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