More than 60 Loveland businesses have vowed that they will not restrict their operations further when Larimer County moves to the state’s Safer at Home Level Red on Tuesday.
“I will not let my staff go hungry or without a roof over their heads this Christmas,” Clay Caldwell, owner of Betta Gumbo, said during a press conference Tuesday at his downtown restaurant. “They have a right to survive.”
Caldwell and Morgen Harrington, a brewer and co-owner of Grimm Brothers Brewhouse, spoke during the press conference on behalf of representatives of “65 businesses and counting” who signed a letter stating they will continue to operate under Level Yellow COVID rules.
By Tuesday afternoon, representatives of 62 businesses had signed the letter, though in some cases more than one person signed on behalf of the same business.
Larimer County has been operating under Level Yellow but moved to Level Red, starting at 5 p.m. Tuesday, after the Larimer County Board of Health voted Friday to jump over orange to red — a move the state was going to require within another week.
That level lowers capacity at many businesses and requires restaurants to close their dining rooms and move to only carry-out and limited open-air dining.
Caldwell and Harrington said their businesses and employees would not survive further restrictions and shutdowns, and they do not believe that Larimer County coronavirus numbers support the tightened restrictions. They spoke of the need for economic and social-emotional health as well as physical health.
“This is not political”
Representing the list of businesses that signed the letter — from restaurants and breweries to events centers, gyms and Realtors — the two business owners asked Larimer County Public Health Director Tom Gonzales and the Larimer County Department of Health and Environment to come to the table and work with them on a solution to stop the spread of the virus while keeping businesses open.
“This is not political,” said Harrington. “This is because we care about our community. We don’t want our staff to suffer because we are not going about this the right way.”
She also said, “We care about those who are being affected by COVID, but we also care about those who will be affected by a shutdown. It can’t be one way or the other. There has to be some conversation between our Health Department and small businesses.”
Harrington and Caldwell suggested that Larimer County implement a program that is approved by the state for Mesa County in which public health officials rank businesses under a five-star system based on their safety during the pandemic. Business restrictions are then determined by individual circumstances of each restaurant, store or gym instead of blanket rules across all establishments.
Caldwell said he works hard to keep his business clean and safe and would support that type of framework, allowing him to keep his employees at work and the community safe. He said his downtown restaurant is so sanitized that “I could do surgery in here and make a hell of a lot more money.”
He challenged Gonzales and the Health Department during the press conference to come to the table to discuss the ranked system in place in Mesa County.
“Time is of the essence”
About an hour later, across the county at a meeting in Fort Collins of the Larimer County Board of Commissioners, Steve Johnson asked Gonzales to do the same thing.
Johnson, one of the elected commissioners, said he spoke Monday with Gov. Jared Polis about the idea and said the governor promised nothing but was “very, very encouraging,” describing the five-star method as a good model.
“I know you share my frustration that Level Red paints all of those businesses with the same brush and basically penalizes them. … I believe they could and should operate safely,” Johnson said.
While Gonzales’ staff is stretched paper-thin, Johnson said he would try to provide additional help if Gonzales would ask Polis to approve a similar ranked program for Larimer County.
“Time is of the essence here,” Johnson said. “This is urgent. A number of businesses have told me that they can’t afford to lose this business during the holiday season.”
Gonzales said the county staff had planned to meet with representatives of the chambers of commerce for Loveland and Fort Collins later Tuesday to see what they could come up with to make just such a request.
“I’m always open to innovative ideas where we can be creative and provide public health protection,” Gonzales said, adding that he would need the help to make it work.
“Our public health staff are stretched completely thin. … I can’t put staff at that. If our chambers and our economic development staff can start working on that, it would be great.”
Also Tuesday, all of the state legislators who represent Larimer County — two senators and four representatives — sent a letter to Gonzales, Polis and the commissioners urging them to act quickly to implement and approve Mesa County’s five-star system in Larimer County.
“I’m going to survive”
Caldwell and Harrington, at the press conference, were hopeful that Larimer County officials would step up and implement a ranked system, which they said is more fair than the blanket rules that went into place at 5 p.m. Tuesday. However, they and other businesses are taking a stand.
When restaurants and breweries were to shut down their indoor in-person options, they said they would not. They would continue operating as they have for the past several months, under Level Yellow rules, in a way that they said is safe and will keep their businesses from dying.
Caldwell said he supports personal choice and responsibility and believes businesses can remain open and the community can remain safe.
He said it makes no sense to shut down restaurant dining areas but still allow people to crowd in line at big-box stores.
And he said he is standing up for the rights of small businesses and their employees, for fair treatment and for the needs of the community as a whole.
“Don’t tread on me,” Caldwell said. “I’m going to survive. My people will survive. My community will grow stronger.”
When asked if he would push the issue all the way to court if necessary, Caldwell responded that he would “take it wherever I have to.”
Health officials are aware of the pushback from business owners and have said that those who choose not to comply with the health orders risk losing their licenses.
Polis, in a press conference Tuesday, also stressed that all businesses — including those in Loveland that are saying they will not follow the Level Red restrictions — must follow all Colorado laws, including these temporary public health orders, or risk their licenses to operate.
“That could be a devastating outcome for small businesses,” said Polis.
The Colorado Department of Public Health and Environment urged businesses instead to comply, saying in a written statement that it is important to protect “our friends, families and communities” in a time of increased coronavirus cases and stressed hospital capacity.
“Enforcement usually starts at the county level, but CDPHE can issue cease and desist orders, which if defied, can carry court sanctions,” a spokesperson for the department wrote in an email. “The state can also temporarily suspend a business license if the business is not in compliance with state laws.
“As we are seeing increased strain on our health care facilities, this is a matter of statewide concern.”
The list of businesses that had signed the letter, saying they would continue operating under Level Yellow rules, as of 1 p.m. on Tuesday, as they appear on the list, was:
- Rock Coast Brewery
- Drätz Brewing Co.
- AKA Kitchen
- Jorgensen Laboratories, Inc.
- Blue Mesa Salon and Boutique
- Berthoud Brewing Co.
- Northern Colorado Marine
- Betta Gumbo
- Ellis Ranch Event Center
- Real estate agent
- Sweetheart City Racing
- Loveland Athletic Club
- reDefine Fit
- Wicked Tequila Room
- Dave Orr Insurance Agency Inc.
- Big Beaver Brewing Company Ltd.
- Cactus Grille
- Mortgage loan officer
- Northern Colorado Carpets
- Krow Hill Digital LLC
- Loveland & South Lifestyle
- American Dream Property Solutions
- Catalyst Inspections
- Grimm Brothers Brewhouse
- Loveland Yoga & Core Fitness
- Fresh Plate Catering
- Big Thompson CrossFit
- Jacob Fellure Agency
- Hands Down Massage
- Adams Chiropractic and Wellness
- Catch-All Mini Storage
- Rocky Mountain Chocolate Factory
- Advantage Insurance
- The Beauty Lounge Salon & Boutique
- Nu-Reflections Medspa
- Resident Mark E. Wright
- Jon-Mark C. Patterson PC
- Edgetronix LLC
- Wooden Mountain Bouldering Gym
- R & D Enterprises
- Kait’s Cleaning LLC
- CNC Remodeling
- Ace of Trades
- Premier Gymnastics
- Wendy’s Way Cleaning
- All Restart Services
- SCR Performance
- AquaTerra LTD
- Tab Enterprises
- Start to Finish Construction
- Colorado Earth Works
- Axe to Grind
- Callahan Electric
- Empire Painting LLC
- Mountain Edge Curbing
- J and B Mini Storage
- Weimer Construction LLC
- Aqua Bay Tans
- CJ’s Patio Grill
- Senor Rafael at the Mexican Inn
- Loveland Chophouse
- McGraff’s American Grill