Paltry Velvet fine a slap in the face to Modesto’s other COVID-compliant restaurants

It’s outrageous that Velvet Grill & Creamery got away with paying only $10,000 for openly flouting COVID-19 public health directives, diners’ safety and the law.

Almost all other Modesto restaurants played by the rules. They paid a steep price to help keep us safe, losing income while shut down, or providing only to-go orders, or with outside dining service, depending on the rules in place at a given time.

Many laid off employees. Some closed forever, unable to absorb losses.

They are to be commended. They deserve our sympathy and our loyal patronage.

But Velvet chose to be selfish.

The city made several attempts to get the two Modesto eateries on Dale Road and McHenry Avenue to comply before imposing a $1,000-a-day fine for each restaurant in late August. Nevertheless, their owner decided to keep serving indoors — running up a potential $90,000 fine, even as the coronavirus raged and all other restaurants were closed or had limited service. He rolled the dice, gambling that the city ultimately would accept pennies on the dollar in a token settlement.

Also settling was downtown gym Tru-Fitness, which also faced a big penalty before agreeing to pay $1,000 for operating despite shutdown rules in September.

Some will say that appealing to COVID-fatigued customers was a brilliant marketing strategy. Many were all too happy to show scorn for government restrictions by supporting a scofflaw, in the process risking their health and that of everyone with whom they would come in contact. Angry scores supported Velvet at an appeals hearing before it was canceled in a process that eventually led to Friday’s announced settlement.

Our mayor even saw an opportunity to capitalize on this story. He fancies himself a defender of law and order — unless breaking the law suits his political purposes. He confirmed having eaten at an outdoor Velvet table, observing diners served inside in violation of rules, remarking, “It didn’t bother me” and questioning whether it was the city’s job to enforce public health orders.

For Velvet’s owner, this was a calculated risk. Could he make enough money by staying open to justify whatever fine he might ultimately pay?

It’s a good bet that his wager paid off, in financial terms. He probably came out ahead. To Velvet, $10,000 might represent just another cost of doing business.

What we’ll never know is just how many people, and their loved ones, were sickened because he was willing to gamble with their health.

Stanislaus COVID death toll: 400

Such defiance is partly responsible for the mess we’re in. While virus cases and deaths are on the upswing in many states and around the world, Stanislaus County is in danger of slipping from the state’s red tier back into purple. That would mean reverting to zero inside dining for restaurants (red zone limit is 25% capacity).

Self-proclaimed freedom fighters who spit on restrictions don’t seem to grasp that complying with them presents the best path to keeping businesses open. Refusing to wear masks and to keep our distance in public, and continuing to gather without precautions is the best strategy for keeping them closed.

It’s not about personal freedom. It’s about staying alive.

Rarely does The Modesto Bee call out a local business. It’s not easy for entrepreneurs to invest time and treasure, risking much with no guarantee for success.

But all bets are off when a local business deems its own profit more important than our collective health.

Diners should support restaurants that won’t take that risk. They should spend their money with businesses that care more about being a friend to the community than their bottom line.

This story was originally published November 1, 2020 at 5:00 AM.