CULLMAN, Ala. – Rumors Deli cranked up in time for early lunch Thursday, but the doors to the dining room that had opened to customers Wednesday were once again closed. Owner Annette Harris cited a warning from the Cullman County Health Department that she could lose her health permit and see her restaurant temporarily shut down if she again allowed on-premise dining in violation of Alabama’s Safer at Home Order.
Early Thursday morning, Harris addressed online followers live via social media from the sidewalk in front of Rumors, saying, “I got a phone call this morning from the health department. OK, I’ve already been speaking with lawyers; nothing can be done about this. I will have my license to operate taken away today if I open these doors and let you people in to eat. That’s what I’ve got looking at me. If I open these doors right here, if I unlock these doors and let you in to come eat like decent human beings ought to be able to do, damn it, then they’re going to come and pull my license because Gov. Ivey told them to.
“Is that right? Hell, no. I can’t even own my own damn business; can’t even have my own business. I can’t even stand up for myself. It’s not right, people. It is not right, and I don’t like it worth a damn. But you know what? I can’t do a damn thing about it.
“It’s not the health department’s fault, because they work for the man, too, okay? They got to do what they got to do.
“So I asked around, found out, what if I just did it anyway? What if I just opened up, even though they said I can’t do it? What if I did it anyway? What would happen to Rumors Deli? Well, they will come and they can chain my place up to where I can’t get in, to where my employees can’t get in, and there won’t be any Rumors Deli. I won’t have a place to run, I won’t have jobs for my employees, I won’t be able to fulfill my projects to help the community from the donations that I have been given, I won’t be able to finish my catering jobs that I have booked, I won’t be able to feed the community and I won’t be able to do a job that I love, because they will immediately come and they will put chains on my doors if I decide to go against the order.”
Harris asked for her viewers to share the video and come visit Rumors’ drive-thru window for lunch.
As the restaurant was opening at 10 a.m., Harris said in a live streamed interview with The Tribune that she had expected the call she got from the health department, and noted that the person who spoke to her was “very nice about it.”
According to Harris, “She said, ‘If you do (open the dining room), we’re going to have to come over there and-’ they would have to take my operating permit. And I said, ‘What exactly does that mean?’ And that means that I wouldn’t be able to operate at all. And I said, ‘Well, okay. What happens if I do it anyway?’ And if I do something like that, then they can put chains on my door. I can’t get in, my employees can’t get in. It’d be horrible.”
Harris reiterated the need to act with the donations she has received for community projects, along with catering projects and special orders for Teacher Appreciation Day Friday.
Said Harris, “I can’t do that to my customers, you know. And I feel bad, because I feel like I’m being chicken, you know, just rolling over and giving up everything I’ve tried to stand for. But honestly, you know, my employees aren’t going to have a job, either. And I said, ‘When can I get my permit back?’ And that can take forever: three months or more, if- even if- I could get it back. So I’m kind of backed into a corner.”
Cullman County Health Department/Alabama Department of Public Health
The Tribune reached out to the Cullman County Health Department for comment on the matter, but did not get a response from the local office. Alabama Department of Public Health Northern District (which includes Cullman County) Environmental Director James Congleton contacted the paper, though, to answer questions.
Congleton said, “There’s an order in the state of Alabama by the State Health Officer that there is no on-premise eating or drinking in food establishments at this time. You know, that order’s been out there quite some time, now, and it has not been rescinded at this time.
“What we do at the health department is, some situation like that, if we have a complaint, then we are obligated to investigate the complaint, and then we go from there. There’s remedies to such, but we’d have to first confirm that there is some order of the Health Officer not being followed, and we don’t have information; we have not confirmed any such thing ourselves at this time.
“But, of course, anyone that’s violating an order that we did observe or have admission that the order was being violated, of course, we would speak with our legal counsel at the state health department to seek a remedy. And one remedy to not following an order would be a possible permit suspension. And a permit could be suspended, but it could be reinstated- probably within minutes- by just following, making a plan to say how the order will be followed. That’s basically how it would work; we don’t take any other dramatic actions other than that.”
Congleton told The Tribune that his office has investigated several similar cases across the district.
“The whole goal,” said Congleton, “is that the order is followed to protect citizens, the public and employees.”
According to the director, a county health department would not act on its own against a violator or seal access to a facility, but could inform the violator that permit suspension was possible, while submitting a complaint to the district office for investigation.
As of lunchtime Thursday, he said, his office had received a complaint but had not begun an investigation, though he added, “We’ll be taking whatever action is necessary to investigate that complaint.”
Congleton confirmed “there was a discussion this morning” between health department staff and Rumors, but explained, “If someone was having that discussion, that would be a possible remedy, would be a permit suspension until being in compliance with the order. And that’s very simple to be. You can be in compliance with the order in just a few minutes by not allowing on-premise dining at a food establishment.”
He added, “Everything that we do, we normally give people an opportunity to inform them of the requirements and give them time to fix the requirement.”
Congleton concluded, “Hopefully, (on-premise dining is) going to be back in order soon, but we don’t know when. We just have to take it week by week, as far as what orders change and what things do change. You know, the order’s changed several times and been updated. And there’s some discussion that on-premise dining could be back off the list of not being allowed in the future, but we don’t know when that date is, yet. There’s been some discussion (about re-opening on-premise dining) in the middle of May, but I don’t know; that’s based on other factors that comes from our State Health Officer and the information that they have, and working with the Governor’s Office and so forth.”
Cullman city government responds
On Thursday afternoon, the City of Cullman issued this statement:
Cullman Mayor Woody Jacobs said the mayor and city council do not have the authority to override a State Health Department order prohibiting Rumors Deli, or any other business, from opening.
“I am sympathetic with the businesses that have been forced to close,” Jacobs said. “This is not a decision that is in the hands of local government.” He noted that the city, the mayor, or the city council did not instruct any business to close.
“The State Health Department, not the city, prohibited the operation of restaurants and instructed Rumors not to open.
He says city officials have relayed complaints and concerns from businesses wanting to reopen to Montgomery, federal legislators and other officials. Cities and counties want resumption of business, but local government cannot make that decision.
On April 8, 2020 the State Attorney General provided written guidance to Alabama municipalities about their use of power during a state of emergency. Steve Marshall wrote, “A municipality cannot enact an ordinance that is inconsistent with the general laws of the state.” A local government cannot impose regulations or ordinances less restrictive than the state of emergency restrictions.
On April 30th at 5 p.m., Governor Ivey’s “Safer at Home” order went into effect. It allowed for the opening of several types of businesses, but did not include restaurants. She said restaurants are to remain closed for in-person dining, but can provide to-go or curbside service.
“We expect some time next that Gov. Ivey will announce business will be able to reopen with some restrictions. I hope the health threat in Cullman continues to decline as our citizens practice social distancing and disinfecting,” Jacobs added. “We are all anxious to safely return to more normal operations.”
The Tribune reached out to Gov. Kay Ivey’s Office, but had not received a response before going to press.
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