Judge grants injunction against Rolly's Restaurant in Hope for defying closure order

CBC
·3 min read
A B.C. Supreme Court judge has granted an injuction against Rolly's Restaurant in Hope, B.C. (Google - image credit)
A B.C. Supreme Court judge has granted an injuction against Rolly's Restaurant in Hope, B.C. (Google - image credit)

A B.C. Supreme Court judge has granted an injunction against Rolly's Restaurant in Hope, which has been flouting a closure order issued by Fraser Health for not checking vaccine cards of patrons.

In court, restaurant co-owner Marlene Abeling argued the injunction application should be adjourned for two weeks because she had less than a day to prepare for court and no time to find a lawyer.

As well, she claimed the injunction was unnecessary because the restaurant presented no danger to anyone.

"Rolly's has never been cited as a place with a COVID issue," she said.

But the lawyer for Fraser Health said that simply wasn't true, and that health officials had taken all reasonable steps to get the restaurant to comply.

"This is urgent. We are in a pandemic with serious health concerns," said James Goulden.

Goulden said the injunction application wasn't about whether Rolly's Restaurant should be forced to check vaccine cards, but related to its refusal to comply with the closure order.

Throughout the proceedings, Abeling challenged the legality and constitutionality of B.C.'s vaccine card program.

Justice Andrew Mayer reminded her that he is "not here to evaluate the constitutionality of the orders that were made."

Rolly's was cited for closure and fined $345 five times by Fraser Health before the health authority sought the injunction.

The restaurant has also been operating without a business licence, which was suspended on Oct. 7 over its non-compliance with provincial health orders. District of Hope bylaw officers have issued Rolly's a $100 fine each and every day it has opened since.

Fraser Health issued a statement Thursday evening saying it is pleased with the decision, and the injunction will better enable the health authority to protect the health and wellness of people in the community.

The health authority says it will provide more information on the injunction once it's reviewed the details.

Ian Tostenson, president of the B.C. Restaurant and Foodservices Association, said he agrees with the court and health authority's decisions.

"Rolly's had every chance for the last two weeks to comply with the order," he told Gloria Macarenko, host of CBC's On The Coast.

"They openly defied it, and they openly put their community at risk and they put the reputation of the industry at risk."

Ben Nelms/CBC
Ben Nelms/CBC

Vancouver restaurant ordered closed a 2nd time

Meanwhile in Vancouver, a Kitsilano restaurant that has repeatedly defied COVID-19 restrictions has been ordered closed for a second time.

Vancouver Coastal Health issued the closure notice to Corduroy at 1943 Cornwall Ave. on Wednesday for non-compliance with face covering orders.

Video posted on one of the restaurant's social media channels shows what appears to be public health inspectors delivering a closure notice to the restaurant and speaking with the manager.

On social media Corduroy said it will "strategize how to best move forward without jail time, but still employ our staff, keep a roof over our heads and allow a safe space for those who believe in medical privacy, freedom and non-discrimination."

In April, Corduroy's business licence was suspended for ignoring a VCH closure notice issued for flouting indoor dining restrictions aimed at preventing the spread of COVID-19.

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