Coronavirus: His business is ‘non-essential’ in Butler County, even though it would be allowed elsewhere

However, one owner disagrees with Butler County and believes his business is essential.

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Jeff Butterfield, owner of the Your CBD Store in Hamilton and Fairfield, said he believes his business is essential as he provides non-prescription medication, which he calls homeopathic, to clients. He also sells pet products.

“It sure seems I should be able to have my store stay open,” said Butterfield.

But on March 27, the Butler County General Health District wrote in an order to limit operations that his Fairfield location is “determined to not be an essential business according to the (stay-at-home) order” issued by Ohio Department of Health Director Dr. Amy Acton. Butterfield temporarily closed his Hamilton location after the onset of the COVID-19 outbreak.

Ohio Department of Health spokeswoman Melanie Amato said not all essential types of businesses are named in Acton’s order, allowing each health district to determine what is essential. Amato said a type of business deemed essential in one health district could not be essential in another.

Neighboring Hamilton County and the Middletown health district officials say CBD businesses are essential in their jurisdictions, but Butler County health district spokeswoman Erin Smiley said the business is not essential as it “is not necessary to maintain essential operation of residence.”

She said Ohio’s public health orders have given health districts the ability to establish and enforce rules “as fits their local jurisdiction.”

“This means that jurisdictions can make certain decisions about how to deliver services in a way that best meets their community’s needs,” Smiley said. “The stay-at-home order gave local health departments the authority to make their own decisions and interpretations about businesses that were not specifically listed in the order. Local health districts will not always be in complete agreement and that is allowable.”

Butterfield said he was instructed he cannot allow any customer inside the store, so he’ll offer curbside appointments and free home delivery.

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The Butler County General Health District enforces health matters in Butler County outside Hamilton and Middletown.

Middletown health officials said they would consider a CBD business as essential, but they would need to ensure other aspects, including social distancing and ensuring sick employees staying home, are being followed, too.

Michael Sams, a spokesman with the Hamilton County Public Health District, said based on the phrase “nonprescription medication” in Acton’s order, they are allowing CBD businesses to operate unless the county prosecutor says otherwise.

“They’ve delegated some of that authority (in Acton’s order) down to the local level. That’s where some of the confusion is coming in,” said Sams.

Warren County Health Commissioner Duane Stansbury said they “allow business owners the opportunity to provide to us justification as to whether or not their business provides essential services and is able to continue to operate under the order.”

“There are many businesses that provide some services that are deemed essential, however, they may also provide services that wouldn’t qualify on their own,” he said. “If we investigate a facility and they are unable to provide justification they will be asked to cease operations.”

Bars receive orders to limit operations

C&C Lounge in Ross Twp. and Rick’s Tavern in Hamilton received letters saying they violated Acton’s orders, but what they violated was not explained by the Butler County health department. The letters only indicated an alleged violation on March 15, and referenced crowd size limitations and a shutdown of in-store dining.

Owners for both businesses told the Journal-News they were not told specifics of the complaint, and insist they did not violate any part of Acton’s orders.

Smiley said the health district staff received complaints prior to the March 23 Stay at Home order, and the district’s environmental health division investigated. The health district did not provide the Journal-News with details of the respective complaints.

Doug Getz, Rick’s Tavern co-owner, said he offered a video of the alleged violation but claims the investigators chose not to review it.

Jim Grimes, owner of C&C Lounge, a pub and motel, said there were only a handful of people during the alleged violation date and were closed by 8 p.m. Since then, only maintenance crews have worked, Grimes said.

He also had to lay off his last bar employee on Monday.

“It breaks my heart,” Grimes said. “But I have no money coming in.”

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