This is an installment of reporter Julia Fair's series "By the way, NKY." Here, you'll find what's going on in Northern Kentucky.
If there's something you think should be included, email reporter Julia Fair at [email protected]
By the way, here's what's going on in Northern Kentucky:
Health department asked attorneys to drop Beans Cafe misdemeanor
Late last year, I — along with every other reporter in the region — wanted to fully explain to readers how and why businesses were being punished for not following COVID-19 safety measures enacted by Gov. Andy Beshear.
On my desk, questions filled the sticky notes that my cat, George, likes to bat around.
The Beans Cafe & Bakery case that got national attention, including from Fox News, spurred even more questions.
Owner Richard Hayhoe lost his state food service license because he defied the governor's ban on indoor dining. Then, he continued to serve food at his restaurants in Dry Ridge and Hebron. So, the Northern Kentucky Health Department asked the county attorneys to look into charging Hayhoe for operating without a food license.
I didn't understand why the attorneys suddenly dropped the charges in December. Hayhoe still served food without a license, so why was the issue now moot?
So, I filed a Kentucky Open Records Act Request with the county attorneys and the Northern Kentucky Health Department for emails and documentation related to the case.
The county attorneys wouldn't give me the documents, citing exemptions that say criminal investigative records maintained by county attorneys remain exempt from disclosure even after the case is closed.
But the health department produced 168 pages of its own documents. I always make a timeline when I get a lot of documents.
My notes showed that the health department asked the county attorneys to drop the misdemeanor charges it had initiated. It did not mention how the department planned to hold Hayhoe accountable for serving food without a permit.
The health department told me since the food permits had been reinstated, "there were no further legal issues" for them to pursue because he was no longer operating without permits.
But the restaurant had already committed the alleged misdemeanor.
The emails showed me a little more about what took place the three days leading up to the dismissal of charges.
On Dec. 21, an attorney with the Kentucky Cabinet for Health and Family Services advised the health department that it could reinstate the license because of the expired executive order.
But the attorney talked about the misdemeanor charges separately. He said the county attorneys could "exercise their discretion as they wish in the misdemeanor cases."
On Dec. 22, health department Environmental Health Manager Ted Talley told the county attorneys in an email that since the permits had been re-instated, "NKY Health is requesting that the criminal charges related to these two establishments be dropped."
On Dec. 23, the attorneys did just that.
Grant County attorney Stephen Bates declined to comment.
Boone County attorney Robert Neace told me that this type of misdemeanor can come with the penalty of a fine between $100 and $500 or no more than 30 days in jail.
But usually, Neace said he dismisses permit-related charges once the person or entity is in compliance. Neace saw Hayhoe getting his permit back when the order expired as compliance, so he dismissed the case, he said.
"It is always the goal of the health department to obtain compliance with safety laws – and compliance can either be voluntary or ordered by a Court or the Kentucky Department for Public of Health," said health department spokesperson Robin Feltner in an emailed statement. "Once compliance with the safety law is achieved, then the role of the local health department is concluded because the goal of protection of the public has been achieved."
Newport on the Levee announces Love on the Levee event
I'm ready to scarf down some chocolate and slurp strawberry daiquiris while I stroll around Newport on the Levee.
On Valentines Day weekend, Newport on the Levee will transform into Love on the Levee. The one-day event will feature Valentine's Day-themed drinks, snacks, pop-up activities, and live music, according to a news release from Newport on the Levee.
“We feel the love from our community every day, and this annual event is one of the ways we give a little love back to them,” said Sally Fisk, marketing manager at Newport on the Levee in the release. “We can’t wait to once again transform the Levee into a Valentine’s Day-themed soiree, and host the first Love on the Levee event in the Bridgeview Box Park, surrounded by festive activations and incredible specials from our local retail and restaurants.”
People will be able to design bouquets, enter a raffle to design jewelry, and more.
Guests must wear masks to slow the spread of COVID-19 when walking around the Levee unless they are eating or drinking, according to the release.
If you go:
- Where: Newport on the Levee
- When: Saturday, Feb. 13
- Time: 2 to 6 p.m.
Volunteers plan to rehab monarch butterfly habitat
Growing up, I knew a trip to the hardware store meant picking out flowers with my mom to attract butterflies to our backyard English garden. I dreaded weeding the cracks between the stone squares, though.
Those memories were unearthed when I learned that volunteers in Kenton County hatched a plan to revamp a monarch butterfly habitat in a park in Covington, according to documents from the Kenton County Fiscal Court.
The fiscal court partnered with Monarch Friends, a Kentucky non-profit that works to re-populate monarch butterflies. The group will revamp three plots in Middleton-Mills Park in Covington into pollinator habitats.
This summer, the group will pluck invasive plants from the ground, such as Callery pear.
Beginning in November, it will plant common pink milkweed, prickly ash, pawpaw (reminds me of the Athens, Ohio, annual pawpaw festival from when I went to Ohio University), and more.
Next February, they will plant red clovers and the county will mow the areas in spring 2022. Then, the group will count how many monarchs visit the area.
The partnership began on Jan. 1 and will end in December 2022, with the potential of a 4-year renewal.
The group is also maintaining 65 acres at the Independence Cemetery, 30 acres on Kentucky Route 17 near Fowler Creek Road in Independence, 12 acres at Gateway Community and Technical College in Boone County, and 2 acres in Memorial Park in Independence.
COVID-19 resources for NKY residents
Need a COVID-19 test? Here are some helpful links to resources in Northern Kentucky.
That's it for this installment of By the way, NKY. Let us know if there's something you think we should include in the next. In the meantime, here are some other ways to keep up with your community:
- Keep an eye on your local government with us and subscribe to the free daily newsletter that gets sent directly to your inbox every morning.
- Download the NKY news app and sign up for alerts to be the first to know about news in your neighborhood.
Julia is the Northern Kentucky government reporter through the Report For America program. The Enquirer needs local donors to help fund her grant-funded position. If you want to support Julia's work, you can donate to her Report For America position at this website or email her editor Carl Weiser at [email protected] to find out how you can help fund her work.
Do you know something she should know? Send her a note at [email protected] and follow her on Twitter at @JFair_Reports.
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