Updated: 3:30 p.m., Wednesday April 8, 2020
A Parma Heights consignment shop is the first Cuyahoga County business to be shut down County for not following Ohio Gov. Mike DeWine鈥檚 stay-at-home order.
The Second City Consignment Home Furnishing store on Pearl Road, was deemed not an essential business by a state review board, said Terry Allan, Cuyahoga County Health Commissioner.
The courts sided with the state and ordered the business to close on Tuesday, said Allan.
鈥淐ommon Pleas Judge Brendan Sheehan granted a temporary restraining order closing a business, determining that by staying open the business created an unnecessary risk of spreading COVID-19,鈥 said Allan.
An April 20 conference has been scheduled by Judge Sheehan to consider the next steps in this case, which has been assigned to Judge Ashley Kilbane, according to court officials.
The county health board has been consulting with attorneys, officials at other boards across the state and officials at the Ohio Department of Health to insure they are interpreting the governor鈥檚 directive about what is an essential business, said Allan. There is not 鈥減erfect clarity鈥 in the guidance from the state, he said.
鈥淧lease understand that our intention is not to take on any one business or owner. This is about the collective,鈥 said Allan.
The county coronavirus call center is receiving hundreds of calls every day about businesses and whether not they are complying with the governor鈥檚 mandate, said Allan. He said some of the calls are from employees of businesses and some of the calls are from business owners.
鈥淥ur folks are working hard every day to err on the side of caution and we appreciate businesses doing the same thing,鈥 said Allan.
Essential businesses do not need a special permit to operate during the stay-at-home order, but Lt. Gov. Jon Husted has repeatedly said companies to make sure they鈥檙e allowed to remain open.
If business owners think they fit under the guidelines for essential businesses, Husted said they should be prepared to explain to law enforcement and the local board of health why the business should stay open.
The latest version of the stay-at-home order, which is in force until May 1, also requires essential businesses to post and enforce a maximum number of people that can be admitted to a store at one time, including employees.
A previous version of this story incorrectly identifed the store as Second City Consignment Home Furnishing. The correct name is Seconds City Consignment Home Furnishings. It also incorrectly listed the store's location as Parma; the correct location is Parma Heights.