EDITOR’S NOTE: THE STATEMENT BELOW WAS RECEIVED SUNDAY MORNING AND WE WERE UNABLE TO UPDATE IT AT THE TIME DUE TO TECHNICAL DIFFICULTIES.

IT CAN ALSO BE NOTED THAT THE OWNER OF RIDGE HARDWARE HAS DISPUTED PARTS OF THE SMCHD’S RESPONSE, PARTICULARLY IN THEIR CLAIMS REGARDING HIS MANDATORY SIGNAGE. TENNYSON CALLED THE CLAIM THAT HE ONLY PUTS UP A SIGN  FOR TEMPORARY COMPLIANCE “A FLAT OUT LIE.” 

The following response is provided on behalf of Dr. Meena Brewster, St. Mary’s County Health Officer:

An Order for Closure was served to Ridge Hardware on December 12, 2020. This is based on multiple complaint-driven inspections and failure to comply with state executive orders & COVID-19 prevention measures. The closure order follows an Order for Immediate Compliance that had been issued on December 1, 2020. Of note, we have received 17 community member complaints over the past five months about this facility (5 in the month of December alone) which upon inspection have been verified. Additional complaints may have been received by our law enforcement partners. This facility has also had two orders for immediate compliance (one in August and one in December) which provide warning to the owner of the exact measures they need to take to be in compliance with the statewide executive orders. Despite significant effort on our part to provide education and resources (such as signage on masks), the facility continues to operate in an unsafe manner during this pandemic.

The complaints we have received and the subsequent inspections of this facility seem to indicate that the facility may take certain actions (such as mandatory signage about face coverings) to get into compliance then subsequently retracts those actions (such as removing the mandatory signage about face coverings). We have been clear with the facility that a medical reason for not wearing a face covering does not mean that the employee or customer can then put the health of others at risk. If an employee has a medical reason to not wear a face covering (even a face shield which does not obstruct breathing), there may be reasonable accommodations the employer can offer as long as those accommodations do not then risk the health of others. For example, an employee may be asked to stay in a separate indoor environment, not shared with other employees or customers, to work on business matters. Having that employee without a mask or face shield, sitting at the checkout counter interacting with customers is not adequate for safety. If a customer refuses to wear a face covering due to a medical reason, then the business could offer the customer another option, such as telephone order and curbside pickup, so as to avoid having that customer come indoors and thereby endanger the safety of others in the facility. Of note, during our most recent inspection this past week it was the owner of the facility who chose not to wear a face covering while indoors in the facility.

This is the second closure order we have issued to a business in St. Mary’s County despite the several hundred inspections and educational visits we have conducted with local businesses. Most business owners in St. Mary’s have made the efforts to implement and sustain COVID-19 prevention measures required in the Governor’s Executive Orders in order to help our community control the spread of infection and minimize potential disease impact on business operations. Our focus as an agency has very much been on education, providing guidance and allowing businesses the benefit of time for corrective action.

Our process of inspections is largely complaint-driven. If we receive a complaint that a facility is not complying with law for COVID-19 infection prevention we would do an inspection. Sometimes at the time of inspection complaints are unfounded. If we see evidence confirming the complaint or other violations of law, we discuss with the facility what corrective actions they need to take. We give the facility an opportunity to correct the action. If subsequent complaints and inspections indicate the facility has not implemented those measures or has retracted its efforts, we may then issue an order for immediate compliance. This indicates in writing that the facility will be closed if they do not come into full compliance with the Governor’s executive orders. If the inspection to follow-up the compliance order indicates that the facility has not complied, or if subsequent complaints are received that are verified upon inspection, we may issue the closure order.

When a facility receives a closure order, if the owner is willing and interested, we will consider authorizing a reopening under modified operating conditions. The facility owner, however, needs to submit a written plan for how they intend to ensure they will become compliant with the disease prevention measures specified in the applicable orders. Ultimately, there needs to be clear assurance that the health and safety of the public will not be endangered by facility operations.

We are experiencing a surge in this pandemic with greater demands on our health care system resources, more deaths of fellow residents, more illness with the potential for long-term health effects, and greater strain on our public health system. We are so appreciative of the sacrifice that many in our business community have made to maintain compliance with mandatory disease prevention measures. We know that these efforts are making a difference and allow these businesses as a whole to maintain operations. When single businesses choose not to comply and therefore may be promoting the spread of disease, those individual businesses are not only endangering the safety of the public, they are also doing a disservice to their fellow business owners who are complying and are doing their fair share in trying to keep business facilities open during this pandemic.

WATCH THE RALLY AT RIDGE HARDWARE STORE:

RIDGE, Md. — When Donnie Tennyson poured his morning cup of coffee Saturday, he wasn’t expecting a text from his store’s manager saying that a pair of St. Mary’s County police officers wanted to see him. As he frantically grabs his coat and makes the 10-minute drive down Route 235 to his business, Ridge Hardware, he was shocked to find out he was about to be issued an order to close his business by the St. Mary’s County Health Department(SMCHD).

“While I was on the way, [my manager] sent me a text saying they are here to close us,” Tennyson said. “I walked into the store and ask the two deputies to come outside so I could distance from them without a mask… Then they handed me the order.”

The owner described a seemingly extensive history with SMCHD since the pandemic began back in March. After several complaints from customers had been made to SMCHD, the government entity made seven visits to the hardware store just over the summer months, to ensure all regulations from Maryland Gov. Larry Hogan’s[R] executive orders were being followed.

Most complaints were in regards to employees who were not wearing face masks, but Tennyson said he was informed by some employees that they have medical conditions that prevent them from wearing masks for prolonged periods. This issue was supposedly addressed by the health department back in August when Tennyson was told that installing a large piece of plexiglass at the register and keeping those employees behind it would mitigate this problem. 

After a few months passed with little word from SMCHD, Tennyson believed that he had sufficiently resolved every issue that had previously been brought to his attention. Until December began.

“[Dec. 1, SMCHD] came in… they said ‘hey, we’ve had some complaints, we’re here to do an inspection.’ On Wednesday morning, the sheriff’s deputy comes in and serves me an Order to Comply,” Tennyson explained. “[That order stated] you have three days to remedy the situation that we have pointed out is wrong and we’ll come back for re-inspection.”

Tennyson would then point out two more instances over the next three days where he would have interactions with health department personnel, all seemingly over issues he thought were previously resolved. This included meeting the four criteria that Gov. Hogan’s executive orders require from retail establishments such as posting signage about customers wearing masks, providing sanitizing equipment, and marking social distancing spaces.

One instance he described involved an SMCHD employee who allegedly refused to talk to Tennyson before speeding away from the store premises.

On Dec. 12, Tennyson would officially be served an “Order to Close” his store by St. Mary’s County Health Officer Dr. Meena Brewster, saying “Ridge Hardware is operating in a manner that poses an unreasonable risk of exacerbating the spread of COVID-19, and is hereby deemed an unsafe facility.”

“I guess I would be considered a criminal,” Tennyson joked. “I’m a law-abiding citizen trying to employ, you know, five people and support their families.”

Failure to comply with the order could result in up to one year in jail, and up to a $5,000 fine. The order stays in effect until the state of emergency has been terminated or until notified by the county health officer that the unsafe facility is allowed to continue operations under modified conditions.

While he says that he feels like he is being “targeted” and that he feels like small businesses are being more heavily hammered by government regulation, Tennyson said he is willing to fight for what he thinks is right.

“My employees know this. My customers know this, that I am pushing back and standing up for my rights,” Tennyson said. “I’ve told people I will reopen the doors if they ever closed them. I would take the chance of going to jail.”

A rally has been planned in front of Ridge Hardware today at 11 a.m., in support of Tennyson and his business.