Monday, May 18, 2020

Shady's Bar in Albany continues with take-out only

I spoke in person with Shady's Bar owner Kris Schiffler in Albany this afternoon.

He had a huge crowd of supporters gathered at his bar location in downtown Albany. At the last minute, at the behest of his attorney, they are continuing with just take-out orders. They did not open to in-person dining.

The crowd was enormous, and everyone was extremely happy. It was the happiest scene I have been around since March 12, when I took in a basketball game at the Minnesota state tournament in Minneapolis.

Here's video from downtown Albany today:


As it turns out, Attorney General Keith Ellison was premature in filing his restraining order. He did not even consult with Schiffler's attorney before filing it, which is usually standard procedure (think of it as good sportsmanship).

Schiffler and his attorney are working on their next move. This is far from over.


  • For background information, here's the press release from Ellison's office (short link) https://bit.ly/3bHNVsd.



#WW1WGA

ATV trails open, but Youth Safety Training classes postponed


In a typical year, Minnesota’s ATV clubs hold over 75 ATV Safety Training Classes for riders age 10 to 15, certifying over 2,500 youth to be legal to ride ATVs. Unfortunately, this is not a typical year. All classes are postponed until further notice, as part of the Minnesota Department of Natural Resources (DNR) response to COVID-19. The Governor’s “Stay at Home” order has also forced cancellation of annual meetings and rides by the ATV Association of Minnesota (ATVAM), attended by hundreds of members from around the state.

Like older students missing prom and graduation, many young riders are missing the opportunity to legally ride ATVs this summer with their parents on Minnesota’s vast public trail system. Anyone born after July 1, 1987, who is age 12 or older, must have a valid ATV Safety Certificate to operate on public lands, trails, and frozen waters, and when crossing road rights-of-way. Youth ages 10 to 15 must complete both an on-line class, and a “hands-on” riding course taught by DNR-certified instructors but now postponed. Riders born after July 1, 1987 who are age 16 and older are required to only take the on-line class to get their DNR Certificate, but are encourage to take the “hands-on” course. The on-line course includes information on basic operation, common parts and controls, operating safely and responsibly, trail riding, laws, riding skills, and protecting the environment. The “hands-on” portion features a simulated trail young riders maneuver on an ATV, complete with signs, small obstacles and a hill to be traversed.

The good news is that many of the State ATV Trail Systems opened on May 1, giving the riding public a great opportunity to escape the confines of their homes and ride their ATVs, while practicing social distancing. ATV clubs maintain 90% of the public ATV trails in Minnesota, and are able to do trail work. Club members who are certified DNR Trail Ambassadors are able to monitor trails to help keep them safe, and visit with riders at a distance about trails and regulations; they are not allowed to distribute maps, safety information or regulation books at this time. Some ATV club rides are going on as scheduled, with members using social distancing and other practices to avoid the spread of the virus. Camping in all State Forests as well as the Chippewa and Superior National Forests is currently prohibited.

Some ATV trails remain closed due to spring thaw and wet conditions. Before heading out, riders should check the Minnesota DNR website for the open/closed status of State ATV Trails and State Forest Roads. The website also features ATV regulations, trail maps and other helpful information. For additional details, contact the DNR Info Center by phone at 651-296-6157, or by email to info.dnr@state.mn.us. To learn more about ATVAM and to find an ATV club in the area where you live or ride, visit its website at www.atvam.org.

ATVAM is a non-profit state association representing 70 ATV clubs across Minnesota. It promotes responsible ATV riding, and provides ATV clubs with the “tools” they need to build sustainable ATV trails for the riding public that are fun and sustainable, while protecting natural resources.

Sunday, May 17, 2020

Attorney General responds to Stearns County bar owner

Attorney General Ellison files lawsuit to prevent six bars, restaurants from reopening illegally during COVID-19 emergency

Press release posted on Sunday night, May 17, 2020

Minnesota Attorney General Keith Ellison announced this evening that his office has filed an enforcement action against a chain of six bars and restaurants known as “Shady’s” that have vowed to reopen tomorrow or in the coming days for on-site consumption of food and beverages during the ongoing COVID-19 pandemic, in violation of Governor Tim Walz’s “Stay Safe Minnesota” Executive Order 20-56. The establishments are located in Albany, Burtrum, Cold Spring, New Munich, Rice, and St. Martin, all in or near the Stearns County COVID-19 hotspot. The lawsuit also names owner Kris Schiffler individually as a defendant.

The Attorney General’s Office informed Mr. Schiffler that reopening prior to the date allowed in the Order and before the State’s scheduled release of a plan to safely reopen bars and restaurants would be both dangerous to the public health and in violation of Executive Order 20-56. Despite initially indicating agreement to delay opening, the owner again publicly stated today that he intends to defy the Governor’s Executive Order and reopen tomorrow despite the public-health risk.

As of May 17, 15,668 Minnesotans have been diagnosed with COVID-19. A total of 722 Minnesotans have died. Stearns County has the second-highest number of confirmed COVID-19 cases in Minnesota.

“The vast majority of Minnesota’s bar and restaurant owners are doing the safe, lawful, and right thing during this crisis by keeping their doors closed, while still serving customers as allowed through take-out and drive-up. As hard as it is for them — and I know it’s hard — they’re doing their part to stop the spread of COVID-19 and keep themselves, their families, their employees, and their customers safe from this deadly pandemic. They deserve all of our thanks,” Attorney General Ellison said.

“A handful of bar and restaurant owners have said they don’t want to wait any longer and want to reopen illegally. Over the past several days, my office has reached out to them to try to educate them on their rights and responsibilities under the law and the risks to Minnesotans’ health of reopening illegally. In almost all cases, owners have agreed to comply with the law. I thank them for complying.

“The owner of Shady’s, however, has declared his intention to break the law and endanger his customers and employees — in Stearns County, with the second-highest number of COVID-19 cases in Minnesota. My office has the duty to enforce the law and the Governor’s order, to protect Minnesotans’ health, and to protect businesses that are complying with the order from unfair competition. I take that duty seriously,” Attorney General Ellison added.

This is the first enforcement action the Attorney General has brought to prevent the premature restart of on-site consumption in bars, taverns, and restaurants, before the State issues guidelines on how to safely reopen those spaces while ensuring that the safety and health of the public is protected during the deadly COVID-19 pandemic. The Attorney General’s Office is seeking emergency relief from the Court to prevent the six “Shady’s” bars and restaurants from violating Governor Walz’s Executive Order and putting its employees and the public at risk.

The Attorney General has the power to enforce Executive Order 20-56 (see Section 10 on pp. 9-10). In the enforcement action brought today, the Attorney General is seeking permanent injunctive relief, civil penalties of up to $25,000 per violation, restitution and/or disgorgement of profits, the Office’s costs and fees, and other equitable relief — all as authorized under the Executive Order and Minnesota law.

Shady’s Taverns and owner Kris Schiffler

The Attorney General’s Office brought an enforcement action against multiple entities owned by Kris Schiffler, and against Mr. Schiffler individually. Mr. Schiffler is the owner and manager of six “Shady’s” restaurants: Shady’s Hometown Tavern and Event Center in Albany, Shady’s Long Shots in Cold Spring, Shady’s Bar & Grill in New Munich, and Shady’s Silver Spur in St. Martin, all in Stearns County; Shady’s Railside in Rice, in Benton County; and Shady’s Golden Eagle in Burtrum, in Todd County. 

Mr. Schiffler, on behalf of his six restaurants, has repeatedly publicly represented his intention to violate Executive Order 20-56 by reopening the restaurants for on-premises consumption before June 1, 2020, the earliest date by which bars, taverns, and restaurants may reopen under the Executive Order. 

On May 13, Mr. Schiffler announced in a television interview that he would be opening all his restaurants for on-premises consumption on May 18.  He reiterated this statement on several of Shady’s restaurants’ Facebook pages. He made the same representation when the Attorney General’s Office initially contacted him on May 15.  The next day, May 16, he indicated he would wait to reopen the restaurants until receiving the State’s safety plan, but still planned to reopen on May 20.  Today, however, after raising more than $160,000 through a gofundme fundraiser campaign, he publicly announced on his personal Facebook page that “Shady’s Hometown Tavern in Albany will be open tomorrow, Monday May 18th at Noon!”

Stearns County COVID-19 hot spot

Stearns County is currently a COVID-19 hot spot.  In the first week of May, COVID-19 cases increased 454 percentin Stearns County, compared to 95.5 percent across the State as a whole.  According to the State of Minnesota COVID-19 dashboard, Stearns County now has the second-higher number of confirmed COVID-19 cases in the state. Its rate of COVID-19 cases per capita is 2.5 times higher than Hennepin County and 3.5 times higher than Ramsey County.

Despite these facts, Kris Schiffler has stated, “You have a better chance of getting eaten by a timber wolf or a grizzly bear than getting COVID-19.”

Additional investigations

Attorney General Ellison’s Office also continues to investigate other bars, taverns, and restaurants for threatening to illegally reopen for on-premises consumption in violation of Executive Order 20-56. The Office is working to resolve those cases and win establishments’ compliance with the Executive Order before any need to enforce it in court. Any bar, tavern, or restaurant that willfully defies and refuses to comply with Executive Order 20-56 will be met with legal action.

The Attorney General’s Office is also sharing reports it receives of non-compliance with Executive Order 20-56 with the Minnesota Department of Public Safety’s Alcohol and Gambling Enforcement Division (“AGED”). AGED will investigate such reports and any violations it discovers could lead to a fine as well as liquor-license suspension or revocation.

Under Governor Walz’s Executive Order 20-56, bar and restaurant owners are prohibited from providing on-site consumption services until June 1, 2020 at the earliest. Bars and restaurants are still permitted to provide take-out and delivery services, and a new Minnesota law allows the sale of a bottle of wine or up to a six-pack of beer, cider, or hard seltzer with the sale of food. 

Saturday, May 16, 2020

A plea for the children (from a pediatrician)

Kinlee Swanson and Jordan Wosmek, both 2015 B-B-E graduates, posing for a Prom Grand March photo.

Noteworthy advice from a Texas pediatrician:

https://www.ctpgt.com/post/plea-for-the-children.


  • Dr. Adrian Gaty to Alex Berenson, former reporter for the New York Times


May 15, 2020

Dear Mr. Berenson,

Thank you so much for what you've been doing the past few months. I know you've got a huge audience, and I'm sure many among them are pediatricians like me, who have seen the numbers on how little risk COVID poses to our patients. I just wanted to write to encourage them to speak out to their patients. I posted the message below on my practice's website, strongly encouraging families to let their kids go out and play with their friends, warning of the huge and totally pointless mental health catastrophe we're facing.
I was bracing for an onslaught of nasty Karengrams (you should see my my next door...), but the feedback was overwhelmingly positive. I know of several play dates, and even a youth soccer practice, that were organized directly as a result of my post.
I think that a lot of families are ready to ignore the harmful expert advice and let their kids free, but reluctant to do so without a doctor they trust telling them it's okay.
So hopefully you can encourage some of the other doctors who follow you to go ahead and give their patients the okay. Let's get our children sane again!
Here's the link to my post, I pasted it below: 

https://www.ctpgt.com/post/plea-for-the-children.

Nursing home death rates: Florida vs. New York

This is very unnerving.

"The (nursing home) death rate in Florida is about three per 100,000. In New York state it's 27.5 per 100,000. So, [that’s] nine times worse," he added. "Absolutely tragic [and] totally, totally unnecessary!"

Source: Deroy Murdock (short link) https://fxn.ws/3dSSiSJ.


For about a week now, I've been reading the newspapers from Orlando, FL and Atlanta, GA. They are restoring more and more "life" to their society. They are trying to un-spook the herd. That can be done in an orderly fashion. A gradual resuming of most normal activities.

They started this in Georgia back on April 24. The results are speaking volumes today, 22 days later.

Thursday, May 14, 2020

Dusting off the newspaper blog

During a period of time when getting information out quickly is very important, the Bonanza Valley Voice is dusting off a blog that hasn't seen regular use since 2015.

There's nothing urgent to post at the current time, but in the mean time some opinion may find its way here, and other random items for readers.

Below, I've got noteworthy news to post.


Representative Paul Anderson-Starbuck


The COVID-19 crisis has expanded financial harm (and certainly emotional harm) that workers and farmers in the agriculture community have endured in recent years.

Currently, the Minnesota State Legislature is crafting a relief bill for agriculture. It includes a provision for farmer-lender mediation if a farm owner is in financial crisis. This state-sanctioned mediation allows a farmer to come to an agreement with his or her lender regarding outstanding farm debt. If this legislation passes, the deadline for applications filed by August of this year would be December 1, 2020.

I am hopeful it will pass. It is badly needed.


Tuesday, September 10, 2019

Out-of-area subscription payments

Secured through PayPal.Inc. and can be used for out-of-area subscription payments. ($24 / year)