These Riverbank businesses were fined for COVID-19 violations. What owners are saying
One Riverbank health club kept its indoor gym open on Tuesday, despite receiving a citation for violating state orders designed to curb the spread of the coronavirus.
The Fit Republic on Patterson Road is one of four businesses Riverbank has fined for not complying with public health orders, acting under an enforcement ordinance the City Council passed in April, according to records obtained by The Bee.
While Fit Republic works with the city to create an outdoor gym, general manager J.R. Dahm said he requires everyone to wear face coverings and follow social distancing guidelines inside the facility. Staff also conduct temperature checks and have canceled group classes, he said. But the state requires indoor gyms to remain closed because Stanislaus County is still on the COVID-19 watch list with a seven-day positivity rate of 15.33% as of Wednesday.
”We do everything to keep our members safe,” Dahm said. “Some members don’t feel safe coming and that’s totally their right. But we just want to make sure that the people that really need it, mentally and emotionally, that they have the opportunity to come in.”
Riverbank issued Fit Republic a $500 citation on July 14 for remaining open after the state order to close one day before. The city previously fined the gym $250 on June 8, which was before Stanislaus County allowed fitness centers to reopen. Dahm declined to say whether the gym has paid the fines and on Tuesday afternoon at least eight people could be seen working out inside.
One gym member spoke with The Bee after walking out the doors covered with signs including an occupancy limit of 35 and face mask notices. The member, who declined to give his name, said he recently joined and is aware of the state order.
“As long as everyone is keeping distance and also wiping down stuff, it’s not bad,” the member said.
Riverbank tries to reduce spread of COVID-19
The city has also issued $250 citations for Aspen Fitness on Patterson Road, Sno-White Drive In on Atchison Street and the gas station and food mart Quick & Save on Terminal Avenue. Riverbank fined Aspen Fitness for remaining open in early June and the other two for not complying with face covering orders in late July.
Unlike the majority of the about 30 violation complaints Riverbank has received and investigated, City Manager Sean Scully said those businesses did not follow state orders within requested timelines. Two code enforcement officers, the planning manager and Scully himself have helped educate businesses after reviewing complaints from both the public and the county via its reporting hotline, Scully said.
While describing issuing the citations as unfortunate, Scully said the City Council has expressed a desire to slow the spread of the virus and ensure businesses uniformly comply with California public health orders.
“Our goal is to do what little part we can to help flatten the curve,” Scully said. “With the goal being getting things back open, even in some sort of reduced capacity, and hopefully getting some of these businesses back. Because we’ve already lost a couple of businesses since the start.”
After Riverbank fined Aspen Fitness for operating indoors, Scully said the gym created an outdoor workout area in its parking lot that follows guidance from county public health. City staff reviewed the gym’s proposal at no cost to make sure the layout does not cause traffic or disability accessibility issues, Scully said.
Aspen Fitness did not return calls requesting comment, but a post on its Facebook page thanks Scully for his help and includes a video showing members how to enter the fenced-off outdoor gym.
Restaurant owner fights citation while gas station complies
Daryl Daniel, owner of the Riverbank Sno-White Drive In, said he received no warning before the finding a citation about wearing face coverings in the mail. Cashiers at his fast food restaurant wear masks, Daniel said Monday, and he criticized rules for cooks as unclear. State guidelines for restaurants do require any workers preparing food to wear face coverings, however.
To challenge the $250 fine, Daniel said he plans to collaborate with the other cited businesses.
“I’m extremely opposed of it, especially the way they’re doing it where they’re going against (President) Trump,” Daniel said of the citation and face covering requirement. “Trump says it’s OK and it’s not mandatory.”
If businesses do not comply after outreach and citations, Scully said the city attorney may send a cease and desist letter that outlines possible legal action. Compliance takes a higher priority than payment of fees, he added.
Meanwhile, employees who answered the phone at Quick & Save said the business is complying with face covering orders. One confirmed the business received a fine, but the owner did not respond to requests for comment. On Tuesday afternoon, the only employee at the gas station food mart was wearing a mask and three different face covering notices were taped to the door.
This story was originally published August 26, 2020 at 2:36 PM.