COVID-19

Seven businesses in Deschutes County have been fined for breaking state COVID-19 rules and regulations, according to Oregon Occupational Safety and Health Administration.

The largest fine was issued to Kevista Coffee, at 130 SW Century Drive in Bend. The coffee shop was fined $8,900 by OSHA in July. The shop owners are appealing the fine.

Kevista Coffee is under a second investigation, opened in September.

Aaron Corvin, an OSHA spokesperson, declined to comment on details of the inspection as it is in progress.

During a previous inspection for mask violations in July, owners Kevin and Krista Lauinger told OSHA inspectors they would not comply with the mask mandate, according to an OSHA inspection narrative reviewed by The Bulletin.

The coffee shop has served as a lightning rod for controversy on various social media websites and restaurant rating sites such as Yelp. Commenters have both attacked and praised the shop for its defiant stance against COVID-19 rules.

The attention has not forced Kevista to change its stance. A sign on the door Friday declared the shop was having a “peaceful protest” against Gov. Kate Brown’s orders to wear masks.

At the coffee shop Friday, dozens of patrons, from small children to seniors, were seated, not wearing masks. Baristas, similarly, wore no masks. The owners were unavailable for comment.

Current COVID-19 regulations permit businesses to serve customers for take-out only, with indoor seating banned. Businesses in Bend are largely complying with the rules, although many are hurting financially.

The sight of so many patrons without masks is jarring for some now used to living under COVID-19 policies for more than six months.

Michi Sato, a St. Charles Health System nurse who treats COVID-19 patients, recently visited Kevista and was upset by what she saw.

“I was shocked when I went into this coffee shop, then I was a bit angry,” said Sato in a letter to The Bulletin. “Now I am sad and disappointed that we have members of our community who obviously do not care about the impact that Covid is taking on our town.”

Katy Brooks, chief executive of the Bend Chamber of Commerce, acknowledged that it is increasingly difficult for businesses in Bend to operate under the governor’s restrictions and that the system is hurting some businesses at different levels, but she continues to support state health guidelines.

“We absolutely support mask-wearing,” said Brooks. “While we are committed to public health, some of these guidelines seem inequitably imposed.”

A “willful violation,” such as the one given to Kevista Coffee, exists when an employer has demonstrated either an intentional or purposeful disregard for the requirements of the Oregon Safe Employment Act or an indifference to employee safety and health.

Since March, Oregon OSHA has received about 18,800 complaints related to COVID-19 across the state. In addition, OSHA has received around 3,700 non-COVID-19 complaints. In a typical year, the agency receives around 2,000 complaints.

In addition to Kevista Coffee, six other businesses in Deschutes County were issued fines, mainly for mask violations that fell outside the category of “willful violations.”

The fined businesses in Deschutes County include Fred Meyer in Redmond ($700 fine in September); Axis Salon in Redmond ($175 fine in September); Cascade Sundowners in Terrebonne ($480 fine in October); BoXiT Fitness Studios in Bend ($175 fine in September); Alfalfa Store east of Bend ($175 fine in October); and Hammer Down Firearms ($175 fine in November).

The various amounts are based on several factors, including the number of workers exposed and the frequency of exposure. The employer’s size, good faith efforts to comply and history of compliance factor into the penalty amount.

“Repeat, failure to correct, and willful violations carry higher penalties,” said Corvin. “Penalty amounts are not based on the actual outcomes but on the risks represented by the underlying violation.”

Spot checks from OSHA in June revealed that Kevista Coffee employees were not wearing masks or social distancing, according to an OSHA inspection narrative. Shop owner Kevin Lauinger was present in the shop at the time of the inspection.

In an interview with an OSHA safety compliance officer, Lauinger said he had researched face coverings and believed they were ineffective in stopping the spread of COVID-19 and that extended use of covering could harm the health of his employees.

Lauinger said he was aware of the governor’s indoor mask requirement but told the compliance officer the order was “not just,” given the low infection rates in Deschutes County.

The safety compliance officer explained the penalty scale to Lauinger and his wife, Krista, for ignoring the mask mandate. When asked if they would voluntarily comply with the order, both declined, according to the inspection narrative.