Fifth Flathead County business sued over COVID noncompliance

A fifth Flathead County business has been sued by the Montana Department of Public Health and Human Services for allegedly violating COVID-19 mandates that require business employees and patrons to wear facial coverings in an effort to curb growing caseloads.

The complaint was lodged against Scotty’s Bar & Casino on Tuesday in Flathead County District Court. Separate, yet very similar, lawsuits were filed against the Remington Bar, Ferndale Market, Your Lucky Turn Casino and Sykes Diner last week.

According to court documents, three state inspectors visited Scotty’s on Oct. 20 “to monitor compliance with the Governor’s Directives and public health orders.”

Upon arrival, the inspectors observed a sign posted on the Kalispell establishment stating “Masks are not required,” though the sign included a list of various narrow exceptions from Gov. Steve Bullock’s Mask Directive, which went into effect on July 15. The inspectors also noted three employees “visibly present” in the bar and casino were maskless, no customers in the bar were wearing masks, the bar seating area was full and none of the seating was spaced or socially distanced.

The complaint also states the visit from inspectors was cut short “because a patron began aggressively questioning the inspectors and they were forced to leave.”

The state health department is seeking a temporary restraining order against the business and is requesting the order only be lifted once the establishment submits a court-approved plan on how it plans on coming back into compliance with the directive.

Flathead County District Court Judge Robert Allison is presiding over the case and as of Tuesday at 4 p.m., the request had not been granted or denied, nor had a hearing date been set.

The state sought immediate injunction for the other four businesses as well. District Court Judges Heidi Ulbricht, Dan Wilson, Robert Allison and Amy Eddy all separately denied the state’s requests and instead scheduled separate hearings for early November.

The state also recently requested the five lawsuits be consolidated “because the actions are all related, and they raise identical claims and similar factual claims.” This request was also denied by the four judges who collectively deemed the motion as “not appropriate,” and further stated the defendants had not yet been served or had an opportunity to appear before the court.

THE FIVE lawsuits have been discussed during two recent news conferences with the Governor’s Office.

Last week, Bullock said he was especially concerned with the lack of enforcement in Flathead County and highlighted the area’s current spike in COVID-19 cases. Then, in a separate conference Tuesday, Bullock addressed the lawsuits a second time, saying the state hopes the businesses will move into compliance and that the lawsuits will all settle.

“It’s not about punishing, it’s about getting businesses and others to comply,” Bullock said. “What we’ve seen by and large is that in most counties across the state, most businesses and individuals are taking this seriously.”

About one week ago, the state launched an online portal that allows Montanans to submit comments and complaints about COVID-19 directives. According to Jim Murphy, chief of the state health department’s Communicable Disease Bureau, more than 1,300 concerns have been submitted, with about 1,000 of those involving COVID violations at businesses.

Murphy said the complaints weren’t necessarily focused on “attacking a business,” but many instead suggested that businesses needed assistance on how to interpret the directives. He added that all complaints are reviewed and forwarded to local health departments, which are then tasked with deciding whether to take action.

“In most cases, what we expect is some outreach and education,” Murphy said.

Also during Tuesday’s press briefing, State Medical Officer Dr. Greg Holzman urged Montanans to wear masks, socially distance and take other precautions to slow the spread of the virus. He emphasized how these measures will protect society’s most vulnerable, who should not have to remain “cocooned” from society in order to completely safeguard themselves from infection.

“No one wants to hurt an innocent bystander,” Holzman said, referring to those who may jeopardize the health of others by not following COVID-19 regulations. “We have over 225,000 COVID-related deaths in the United States and 300 here in Montana. Every death might not have been entirely preventable, but we know we could have done much better.”

Last week alone, over 4,000 new cases were reported statewide. That’s a 17% increase over the previous week — a troubling trend that health officials say isn’t likely to slow down in the coming weeks.

On Tuesday, the Montana COVID-19 Task Force reported 855 new cases statewide, with 107 of those being in Flathead County. On Wednesday, the area reported another 64. The Flathead has experienced more than 3,200 cases since the start of the outbreak in March, more than 600 of which are currently active - a total that has actually steadily decreased in the past week or so along with local hospitalization numbers.

Reporter Kianna Gardner can be reached at 758-4407 or kgardner@dailyinterlake.com