Please ensure Javascript is enabled for purposes ofwebsite accessibility
MENU

Asheville café owner cited for violating 2020 Stay at Home order appears in court

V-RISE N SHINE FOLO.transfer_frame_2043.jpg
FILE - MAY 19, 2020 - Rise n' Shine Cafe on Merrimon Avenue was seating customers Tuesday, a day after the Asheville Police Department issued the restaurant a citation. (Photo credit: WLOS staff)

A North Asheville restaurant was in court Thursday, July 22, for charges that the restaurant violated pandemic-related orders last May.

The Rise N Shine Café and its owner Kathleen Grace is facing multiple misdemeanor charges relating to this.

Asheville Police told News 13 the café is the only business charged with breaking pandemic orders in Asheville.

ASHEVILLE CAFE ISSUED CITATION FOR NOT COMPLYING WITH STAY HOME ORDER

Grace is being charged for violating state and local Stay-At-Home orders in May 2020.

She is being charged with keeping her restaurant open for dine-in orders when that wasn’t allowed during that point in the pandemic.

The state called in two witnesses Thursday.

First up was a Buncombe County health inspector that observed the restaurant being open last May.

ASHEVILLE RESTAURANT PERSISTS IN DEFYING GOVERNOR'S STAY HOME ORDER

The second witness called up was an Asheville Police Department lieutenant who cited the restaurant for being open last May.

Both said they witnessed patrons inside the restaurant.

The state also referenced Facebook posts where Rise N Shine posted that it was opening last May, as well as an email sent by Grace to the health inspector that the café was opening to keep employees employed.

'TIME TO GET VACCINATED,' MISSION CMO SAYS AS COVID-19 HOSPITALIZATIONS INCREASE IN WNC

The defense is arguing that the case should be dismissed. The defense said the state and local orders violated Grace’s constitutional rights.

Court was continued to Friday, July 23, at 11 a.m.

FOLLOW US ON TWITTER