BOH steps up enforcement of COVID-19 violations

With the state of Massachusetts now firmly entrenched in a “second wave” of coronavirus cases and the winter holidays fast approaching, the Canton Board of Health is ramping up its enforcement of COVID-related health violations with a particular focus on business infractions.

Taking advantage of its authority to levy fines of up to $500 per violation in accordance with the governor’s orders, the BOH, at its meeting earlier this month, voted unanimously to enact a schedule of penalties for a first ($100), second ($250) and third offense ($500), while also agreeing to a possible revocation of licenses or permits for repeat offenders pending the adoption of a formal regulation with input from town counsel.

All of these measures, they insisted, are not just empty threats. As Canton Public Health Director Barbara Reardon noted during the recent Canton COVID Task Force webinar, “They’ve definitely made it known they want to start ticketing. They want active surveillance and some ticketing.”

To date, Reardon said the town has issued one COVID-related citation — a $50 fine levied against a business owner for hosting a party on Turnpike Street that exceeded the governor’s gathering size limits. However, Canton is hardly unique in that respect, according to Reardon, who is aware of only one other COVID-related fine in the communities that comprise the Norfolk County-8 (NC-8) Local Public Health Coalition.

But the Canton BOH, it seems, is prepared to blaze its own path in an effort to strengthen compliance and is in general agreement that they are past the point of issuing warnings.

“We’ve been so proactive,” said BOH member Dr. Alan Rapoport. “We’ve educated everybody. We’ve handed out the brochures. Everybody knows what they’re supposed to be doing; [some] are just not doing it.”

“I don’t think we really need a warning,” added fellow member Anjali Schutt. “I think the past seven months has been a thorough warning.”

BOH members did say that they would likely still issue warnings for violations of new regulations, although board chair Dr. Julie Goodman also stressed that businesses are responsible for keeping up with the latest state regulations, including any and all emergency orders.

Members also agreed that the penalties needed to have some teeth to them and felt that any fine below $100 would not be a strong enough deterrent. Under the approved fine schedule, each day that a business is not in compliance represents a separate offense, and the fines apply to all relevant state health orders, including face covering requirements, gathering limits, early closure mandates, and more.

As for the temporary revoking of business permits and licenses, such an action would be contemplated with the third offense, which would require a mandatory appearance before the Board of Health. Reardon said she is working with the town counsel’s office on the formal language of the regulation with hopes of bringing it to a vote at the board’s next meeting on Monday, December 7. Since only some businesses require permits from the BOH, she also suggested teaming with the building commissioner to possibly pull building permits if necessary.

Reardon stressed that only the permit/license revocations would require the adoption of a formal regulation, as the fines are permitted under direct authorization from the governor. “We can write fines right now,” she said.

She noted that technically, fines can be written for individual violators as well as businesses; however, she said the priority is on business compliance, adding that she does not anticipate health officials walking the sidewalks “policing for masks.”

“We’re still educating and encouraging our residents; that’s still our number-one goal,” she said.

In the same respect, Reardon told Fire Chief Charles Doody during the recent COVID webinar that health officials are not going to be “driving around at [10:01 p.m.]” looking for people in violation of the state’s new Stay at Home advisory. “But if we hear of a restaurant that’s overlooking the new closing hours, we’d go and visit them,” she said.

Dr. Rapoport, for one, believes the fines for businesses are a necessary step to ensure compliance of COVID mandates. “I think personally we need to do some type of fines to really tell people that we’re getting into that second wave,” he said. “We’ve been really fortunate and we’ve had a very mild fall, but once we’re [indoors] and you can’t be outside as much, I really am nervous about the numbers going up substantially.”

Dr. Goodman also wanted to make it clear that the board is not issuing fines to make money. “We’re doing it as an incentive for people to be proactive,” she said.

“We’ve been talking about this now for seven months,” added Dr. Rapoport. “We’re all educated in what we’re supposed to be doing … We’re just trying to get the rates down. And I agree it’s not for a money-making endeavor; it’s to save people’s lives.”

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Posted by Jay Turner on Nov 25 2020. Filed under News, Town Government. Both comments and pings are currently closed.