Port Hope Restaurant Takes A Stand Following New Provincial Regulations

New Provincial Regulations have caused at least one restaurant in Port Hope to take a stand.

Owner of Local No. 90 Bar and Kitchen, Dana Hubbard said the new regulations calling on owners and staff to ask for proof that customers have been vaccinated along with photo identification was demanding to much.

As of Wednesday, September 22, 2021, the Province of Ontario has stated proof of identification and proof of being fully vaccinated must be shown to access certain businesses and settings.

Among the settings where it must be shown are:

meeting and event spaces, including conference and convention centres

food or drink establishments with dance facilities, including nightclubs and restoclubs

restaurants, bars, and other food and drink establishments without dance facilities

facilities used for sports and recreational fitness activities, including waterparks and personal fitness training

casinos, bingo halls and gaming establishments

concert venues, theatres and cinemas

bathhouses, sex clubs and strip clubs

racing venues

where commercial film and TV productions take place with studio audiences.

Pre-pandemic Hubbard said nearly 100% of her business was dine in. But since the pandemic, take-out has gone from 0% to 20%.

It’s still mandatory to wear masks at the restaurant and maintain six feet, “but we drew the line at taking people’s medical history and information.”

“It’s not what Local (No 90) is about.”

Hubbard said the post she wrote on social media was to inform people and to let them make the choice if they want to frequent her business.

There was sleepless nights before posting what she was thinking. Hubbard spoke with her staff to make sure everyone was on board.

With the post, she has lost and gained friends.

There have been both positive and negative responses to her post, but Hubbard said the vast majority have been positive.

“It’s been overwhelming.”

“I am full tonight which is very nice on a Wednesday.”

Since people read the post, a number of them have come down to support her and frequent the restaurant for the first time.

“We’re happy that they have a safe, non-judgmental, non-discriminatory place to eat.”

Hubbard states emphatically she is pro-mask, pro-distance.

“I have been very cautious where I go and what I do not to further transmit anything.”

“But this was the line for us – taking people’s medical information. I’m refusing to take it.”

If people want to show her, “I’ll look at it all day, but we’re not requiring it.”

Failing to comply with the requirements of O. Reg. 364/20 can result in charges under the ROA. If charged under Part I of the Provincial Offenses Act (POA), set fine amounts are $750 for individuals and $1,000 for corporations.

Maximum penalties based on a prosecution under Part I or Part II of the POA include fines of up to $100,000 and up to a year in jail for an individual; up to $500,000 and up to a year in jail for an individual who is a director or officer of a corporation; and up to $10 million for a corporation.

Obstructing any person exercising a power or performing a duty (including workers) in accordance with requirements in O. Reg. 364/20 can also result in charges under the ROA.

Hubbard said even though she could face still fines, she said, “there are a lot of other things I think they should be worrying about right now.”

“If they are worried about me and the fines they should go hang out at Costco. They’re all full. There is no regulations changed there.”

JJ’s Steak and Burger in Cobourg has switched from dine-in to strictly take-out as a result of the new regulations.

“With the government changing with this vaccine passport we feel as a business we shouldn’t be asking people whether their vaccinated or not,” said co-owner Tony Manna.

“It’s their choice, their opinion – there are still freedoms in Canada.”

“As a company we want to serve everybody.”

Manna, like Hubbard is not anti-mask. In fact his entire family/staff have been double vaccinated.

“But we have nothing against people if they don’t want to be vaccinated – it’s purely their choice.”

But Manna said the vaccine passport shouldn’t be put on to any business owner.

Because of the square footage with COVID regulations there were only three tables inside the restaurant. So with the decision by the owners only effects indoor dining for 12 people.

Reached for comment, Cobourg Police Chief Paul VandeGraaf stated, “we will assist all businesses. We’re going to work alongside bylaw and the health unit. But it’s their primary responsibility to enforce.”

Social Media Posts

LOCAL No 90 Bar and Kitchen Facebook Post
IMPORTANT ANNOUNCEMENT
Locals, this announcement comes after much thought and consideration. As you know, today September 22, marks the new government mandate, a mandate that will create a great divide within the community.
I have spent the last four years working to create an environment within LOCAL that is safe, inclusive and welcoming. A place where anyone, regardless of age, gender, creed, sexual preference or medical decision can come and feel like family without judgement or discrimination.
Without the support of you all, LOCAL would not be what it has grown into today. I cannot in good conscious participate in creating segregation amongst a community who has shown my business support and love throughout the years. With that being said, LOCAL will continue to operate as normal.
We are pro choice at LOCAL. Choose to dine in with us, on our patio or take out, the choice is yours.
This decision was one of the hardest that I have had to make throughout my years in the industry and please trust that it was not made lightly. My fellow restauranteurs are having to make many hard decisions today so please try to remember to be kind. There is no right answer here.
To my LOCAL family, you have my support in whatever you may choose. I am beyond grateful for all of you.
Stay safe out there.
PS. Beef stew will be back this coming Friday. Oh, and for those paying attention, the band is still together.

• Dane

JJ’s Steak and Burgers
It’s unfortunate that we have to do this. Our family business has always tried to treat customers like family. We cannot, and will not be a part of the vaccine passport the government imposes tomorrow, asking if you are vaccinated to be able to eat in. We’d like everyone to be able to enjoy JJ’s without any kind of division, the family part we believe in. Until we get out of this mess called Covid 19, only takeout and delivery will be available.