Officials looking at action on Golden Spike's COVID-19 non-compliance

The Hill County Health Department is exploring legal action against Havre bar The Golden Spike for deliberate and repeated violation of Gov. Steve Bullock's public health mandates.

Hill County Sanitarian Clay Vincent and Hill County Sanitarian-in-Training Will Lorett said they've been receiving complaints about the establishment for over two months for staying open past 10 p.m., not requiring face masks or social distancing and being over capacity.

"A lot of complaints would be an understatement," Vincent said.

He and Lorett said they have repeatedly spoken with Golden Spike Owner Tammy Walters trying to educate her about the mandates, why they exist, what they are doing to protect public health and the possible legal consequences of not following them.

The Havre Daily News attempted to reach Walters by phone but was told by a Golden Spike employee that Walters would not speak to the paper and hung up before conversation could continue.

Despite the sanitarian's efforts, which Vincent said were above and beyond what they would normally tolerate, the establishment has not come into compliance with the mandates.

He said Walters has responded to these visit either by saying she would make changes that were never followed through on, or, more recently, by saying she had no intention of following them.

Vincent said when they talked to Walters the week of Christmas, saying the mandates will save lives and keep the medical system from getting overwhelmed, she said, she had too many bills to pay and she was not going to shut her doors just because of the mandates.

Back in June, Hi-Line Tavern Association President Tom Farnham said the Golden Spike had been consistently ignoring the governor's COVID-19 guidelines since long before the implementation of Phase Two of the state's re-opening.

He said last week that he's aware of The Golden Spike's non-compliance but said his organization doesn't have a way to remedy the situation, and, ultimately, it's up to Walters.

"We have no control over that," Farnham said.

In June, Farnham said the association discussed the situation and many members of the association were upset about it.

"Some of (the association members) were really upset about it, the group as a whole thought that everyone should be following the same guidelines," he said.

Vincent and Lorett have been exploring legal action against the bar in the form of fines, or liquor and food license suspensions.

Over the last few days, Vincent said last week, they've been meeting with County Attorney Karen Alley and have called the state Department of Public Health and Human Services Food and Consumer Safety Section, working with its legal staff to see what can be done.

He said they've also spoken with the Montana Department of Revenue's liquor division, hoping to find legal remedy there.

Recent visits to the establishment by law enforcement have been written up in reports and sent to the holders of the bar's liquor license and to the county attorney.

For now, Vincent and Lorett said, they're waiting to hear back to see what can be done which might be slightly delayed because it's the holidays and people are harder to get a hold of.

Vincent said they delivered an order of compliance to the Golden Spike Dec. 23, and had a conversation with Walters about the fact that they are exploring legal action.

He said an injunction by the county would take two to three weeks to get through the court system, but the situation is known and being worked on.

"It might not be something that happens right away," he said, "But we're really trying to make sure that things are in the process of being moved forward."

Vincent and Lorett said they've been checking on other bars in town during the weekend and what violations they've found during that time were corrected after one visit with the bar owners.

Vincent said there have been no repeat offenders, the respective bar owners having taken the advice of the health department and changed their operations with relative swiftness.

"We really appreciate all the bars that are staying in compliance and working with us," Vincent said. "You know the numbers are going down here, and it's a financial impact on them, but we appreciate them working with us."

Vincent and Lorett said the situation with the Golden Spike is deeply frustrating, especially because so many bars in town are taking the financial hit for the sake of public safety while The Golden Spike stays open.