Aloha Coffee owner intends to sue Monterey County as they pull health permit

Aloha Coffee owner intends to sue Monterey County as they pull health permit
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Updated: 7:27 PM PST Dec 24, 2020
Kyla Linville
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Updated: 7:27 PM PST Dec 24, 2020
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ERIN CLARK IS OFF TONIGHT. WE ARE BEGINNING TONIGHT WITH A SMALL MONTEREY COFFEE SHOP DEFYING HEALTH GUIDELINES. ALOHA COFFEE HAS BEEN ISSUED A NUMBER OF WARNINGS FROM THE MONTEREY COUNTY ENVIRONMENTAL HEALTH BUREAU....WHICH EVENTUALLY LED TO THE BUSINESS'S HEALTH PERMIT GETTING REVOKED. ACTION NEWS EIGHT REPORTER KYLA LINVILLE JOINS US IN STUDIO WITH A BREAKDOWN ON WHAT THE COFFEE SHOP HAD TO SAY. ALTHOUGH THE COFFEE SHOP HAD THEIR PERMIT TAKEN AWAY, THEY CONTINUE TO OPERATE BUSINESS AS USUAL. AND IT'S THE BUSINESS OWNER-- RICHARD DUNNUCK WHO SAYS HE PLANS TO SUE MONTEREY COUNTY FOR TEN MILLION DOLLARS FOR INFRINGING ON HIS RIGHT. Richard Dunnuck 0:05:09 "This is a court case, so it's got to go to court. It's my case, there is no case against me, so this is a case I'm bringing against them. So, there are no charges there." A CASE, THE OWNER OF ALOHA COFFEE SAYS, IS HAPPENING DUE TO MONTEREY COUNTY ENVIRONMENTAL HEALTH IMPOSING ON HIS CONSTITUTIONAL RIGHTS TO WEAR A MASK. WHILE STATE GUIDELINES ARE REQUIRING PEOPLE TO WEAR FACE COVERINGS IN PUBLIC....DUNNUCK SAYS THE WAY HE INTERPRETS THE LAW....IS THAT HE CANNOT DISCRIMINATE HIS STAFF OR CUSTOMERS FOR THEIR REASONING OF NOT WEARING ONE. ALTHOUGH A 'GUIDANCE' ISN'T A WRITTEN LAW.....OFFICIALS FROM THE HEALTH DEPARTMENT EXPLAIN IT HOLDS A SIMILAR POWER. Ric Encarnacion, Assistant Bureau Chief Monterey County Environmental Health Bureau 0:06:22 "That's the other thing where people get confused is because of the word 'guidance', the industry guidance means for that specific industry it must be and in this case, because restaurants are regulated by the environmental health bureau, they're required to follow what the state is calling covid guidance's. In that guidance it states that the food facility, the operators, must take all reasonable means to inform the public." WHEN ASKED FURTHER ABOUT THE CASE, DUNNUCK HAD THIS TO SAY. Richard Dunnuck, Owner of Aloha Coffee 0:03:42 "From my attorney, I'm constitutionally compliant and it's not my issue that they're not. We will prevail in court." AND ON CHRISTMAS EVE, BUSINESS WAS IN FULL SWING DESPITE HAVING JUST LOST THEIR HEALTH PERMIT. CUSTOMERS TRICKLED IN....EVERYONE, INCLUDING STAFF, WAS WEARING A MASK. BUT WITHOUT THAT PERMIT....DUNNUCK COULD POTENTIALLY LOSE HIS BUSINESS FOR GOOD. Ric Encarnacion, Health Department 0:02:20 "We are following up with the county authorities, including county council and we'll coordinate with the city of Monterey for next steps." Richard Dunnuck, Aloha Coffee 0:05:26 "To all my customers, thank you for your loyalty and like I said, we love providing that for our customers, providing the healthy options and a great atmosphere. Of course, it's all about health. We want everyone healthy, ENCARNACION SAYS THEIR EFFORTS ARE TO PREVENT ANY FURTHER SPREAD OF COVID-19. ESPECIALLY AFTER SEEING THE SPIKE IN CASES AFTER THANKSGIVING.....IT'S LIKELY CHRISTMAS COULD BRING THOSE SAME NUMBERS. AND THE GOAL IS TO PREVENT AN INCREASE IN CASES ANYWHERE THEY CAN. IT'S UNCLEAR WHEN DUNNUCK MAY TAKE THE COUNTY TO COURT....BUT AS OF NO

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