August 31, 2020
‘The Honorable Tim Walz
Governor of Minnesota
130 Minnesota Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155,
via electronic delivery
Governor Walz,
‘The COVID-19 pandemic and associated government-mandated closures have caused
significant damage to the hospitality industry. Many have already closed, and others may
not survive beyond the next few months. These locally owned small businesses employ
thousands of Minnesotans across our great state and are a significant part of the social
fabric that binds our communities together.
This week, the Minnesota Department of Health (MDH) and Department of Labor and
Industry (DL sent a letter to hospitality groups that teams from the Minnesota
Departments of Public Safety, Health, and Labor and Industry will increase compliance
checksin the coming weeks. In the letter, the Departments threaten a range of
punishments including fines, forced closure, loss of liquor license, workplace
investigations, and other citations.
Weare troubled by the threatening tone of the letter when considering the
administration's previously stated goal that compliance checks would be “educational” in
nature and not punitive. Instead, you are weaponizing state agencies and threatening
businesses with fines, closure, and investigations at a time when so many are struggling
just to keep their doors open.
Since the onset of the pandemic, businesses have been doing their best to comply with
your administration's complicated, burdensome, and ever-changing executive orders and
mandates. Businesses have a vested interest in protecting the health and wellbeing of
customers and employees, and every business owner know and speak with wants to
keep everyone safe and healthy.
Furthermore, latest estimates indicate that the number of cases confirmed at a restaurant
or bar makes up only 2.3% of the total state cases, and there are only about two dozen
restaurants or bars that have been identified as sources for outbreaks. Clearly restaurants
and barsare not major drivers for COVID transmission, and it's unfair that they are
being targeted and treated as such, especially when restaurants remain subject to strict
capacity limits and regulations that are not applied to big box stores.Ifbad actors are knowingly and flagrantly putting customers and employees at risk, those
should be addressed on a case-by-case basis. However, sweeping inspections and heavy-
handed punishments to businesses who are doing their best to stay afloat and to compiy
with state regulations are unacceptable, The state must bea partner in these efforts —not
an adversary, and the goal should continue to be education rather than punishment as
you've repeatedly stated.
For more than a year now, legislators have raised concerns about the aggressive and
adversarial behavior from DLI. The refusal of the commissioner to make adjustments to
improve relationships between employers and DLI resulted in her dismissal by the
Minnesota Senate. You've asked publicly for feedback to improve the working
relationship between commissioners, legislators, and the constituents they serve: this is a
critical opportunity to show flexibility and willingness to be a partner in our efforts to
rebuild our economy and keep Minnesotans safe.
We strongly urge you to reassess the tone and approach your agencies are taking with our
valued businesses.
Sincerely,
Dae Bul
Representative Dave Baker
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CC (via electronic delivery)
Commissioner Jan Malcoim, Minnesota Department of Health
Commissioner John Harrington, Minnesota Department of Public Safety
Acting Commissioner Roslyn Robertson, Minnesota Department of Labor and Industry
Sen, Paul Gazelka, Senate Majority Leader
Sen. Eric Pratt, Chair, Senate Jobs and Economic Growth Finance and Policy Committee