Big retailer, 2 local shops cited for staying open in Charlotte. ‘I have kids to feed,’ owner says.
Charlotte-Mecklenburg Police has recently issued three more citations to employees of businesses who are accused of being in violation of the county’s coronavirus stay-at-home order.
Workers at two smoke shops — Cloudzilla on Central Avenue and High Life on North Tyron Street — were issued citations on Monday and Tuesday, respectively, according to CMPD. And an employee at the arts and crafts chain Michael’s on Rea Road was cited on April 8, a CMPD spokesperson told the Charlotte Observer late Thursday.
Representatives for both High Life and Cloudzilla denounced the citations and said the businesses were unfairly punished.
The county’s stay-at-home order permits only “essential” businesses to remain open as the region grapples with the spread of COVID-19. Non-essential personal travel is prohibited, too. Under the order, businesses such as grocery stores, banks, child care centers, pharmacies, gas stations and funeral homes may remain open.
CMPD issued its first citation under the local stay at home order on April 3 to a manager at Cool Cave Day Spa. Police said they followed a community tip and found the business was still operating even after they warned the business that they were in violation of the stay-at-home order.
In North Carolina, violating emergency prohibitions and restriction is a Class 2 misdemeanor offense. According to state law, residents can be fined up to $1,000 and face up to 60 days in jail.
Lawyer for High Life Larry Shaheen said the citation was “arbitrary and capricious” and that the business will be seeking to dismiss the citation which was made against a low-level employee.
“I’m unbelievably disappointed with CMPD and the county that they would take this type of position,” Shaheen said.
Cloudzilla owner Fadi Shalo, who said he was issued a citation on Monday morning, said the county is unfairly punishing small businesses. Shalo said that police warned him in person on Saturday and told him after issuing the citation that he could be arrested if he continues to operate his store.
“I am losing a lot of money and I have kids to feed,” he said. “Who is going to cover that?”
Cloudzilla has since closed, Shalo said, but he’s worried about paying his mortgage.
A spokesperson for Michael’s could not be reached.
Vape shops in Charlotte
According to Gov. Roy Cooper’s stay-at-home order, many North Carolina businesses that can adhere to social distancing requirements may remain open. The state, though, has specifically closed restaurant dining rooms, fitness centers and gyms, salons, malls and movie theaters.
Mecklenburg County’s stay-at-home order is similar but in some aspects, stricter. The local order directs all non-essential businesses to close unless employees can work remotely.
Both the county and the governor have said that local stay-at-home orders, when more restrictive, will take precedence. In High Life’s case, the business sought clarity from the state’s Department of Revenue on whether it was permitted to stay open. In a letter dated April 13, the business was told it could keep its doors open to customers so long as social distancing guidelines were followed.
But the county’s rules are different.
On April 9, a few days before the two smoke shops were cited, the county publicly updated its guidance on what the local stay-at-home order means for businesses. Vape shops were specifically mentioned as non-essential and all sales are prohibited unless conducted virtually, county officials said.
“Even if the (N.C. Department of Revenue) has determined a business is not barred from operating, the business may still be required to cease operations if a more restrictive county or municipal order applies,” Schorr Johnson, NCDOR spokesman, told the Observer.
When Shalo’s court date comes in August, he said he intends to explain to the judge that it is unfair that his store must close when state-run liquor stores are permitted the stay open. Shalo also said that his store sells sandwiches and snacks and employees and customers were staying six feet apart.
As of April 3, High Life smoke shop had more 311 complaint calls than any other business or residence. Fourteen callers from March 26 to March 29 complained about crowds at the shop.
CMPD has said that in general, citizens and businesses have been in compliance with the stay-at-home order. CMPD has emphasized that the department encourages voluntary compliance and enforcement actions are a “last resort.”
Staff writer Catherine Muccigrosso contributed to this report.
