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Court grants injunction to shut down B.C. restaurant defying COVID-19 vaccine passport

Click to play video: 'B.C. judge orders Hope restaurant closed for defying vaccination orders' B.C. judge orders Hope restaurant closed for defying vaccination orders
A B.C. judge has ordered a Hope restaurant to remain closed until it complies with health orders to check the vaccination status of its customers. John Hua reports – Oct 21, 2021

The B.C. Supreme Court has granted an injunction to shutter a restaurant in the Fraser Valley which has continued to defy the province’s COVID-19 vaccine passport requirements.

Rolly’s Restaurant in Hope, B.C., has refused to check diners’ proof of immunization, as required under the BC Vaccine Card since Sept. 13, prompting Fraser Health to seek the court order.

Read more: Fraser Health seeks court order to close Hope, B.C. restaurant defying COVID health orders

“The operators of Rolly’s Diner were intentionally allowing the congregation of unvaccinated individuals at the restaurant … constituting a health hazard under the public health act,” Justice Andrew Mayer said in granting the injunction.

Click to play video: 'B.C. Premier John Horgan says restaurants that don’t follow rules will face consequences' B.C. Premier John Horgan says restaurants that don’t follow rules will face consequences
B.C. Premier John Horgan says restaurants that don’t follow rules will face consequences – Oct 21, 2021

“It is not this court’s role to second-guess decisions of public health officials with respect to what activities constitute … a health risk to the people of British Columbia.”

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Fraser Health said it was “pleased” at the decision, but was still reviewing the ruling and would provide more details about next steps in the days to come.

Click to play video: 'Fraser Health takes Hope, B.C. restaurant to court to force closure' Fraser Health takes Hope, B.C. restaurant to court to force closure
Fraser Health takes Hope, B.C. restaurant to court to force closure – Oct 20, 2021

Fraser Health issued a closure order to the restaurant on Oct. 7, and the business has also had its business and liquor licences suspended.

The restaurant is facing a $100 per day fine from the district for continuing to operate, and has also been fined several times by health inspectors.

Read more: Crowd rallies to support Hope, B.C. restaurant defying vaccine passport order

Speaking on the Corus Radio Network’s Roy Green Show Sunday, Rolly’s co-owner Muriel Young described the vaccine passport as “illegal.”

“I have to say that your medical situation is not my business,” she said. “So I haven’t been asking for this passport.”

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Asked about businesses which continue to defy the vaccine passport order on Thursday, B.C. Premier John Horgan said the vast majority of British Columbia accepted immunization as a safe and effective way to battle COVID-19.

Click to play video: 'Supporters of Rolly’s restaurant rally in Hope, B.C.' Supporters of Rolly’s restaurant rally in Hope, B.C.
Supporters of Rolly’s restaurant rally in Hope, B.C – Oct 16, 2021

“And for those businesses who believe that this is a better course of action, well, there are consequences for them,” he said.

The injunction came a day after Vancouver Coastal Health issued a closure order to another B.C. business, Corduroy Restaurant in Vancouver, for refusing to check diners’ immunization status.

The City of Vancouver also confirmed Wednesday it had suspended the restaurant’s business licence.

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