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Outspoken business owner receives warning from city bylaw department

'Now I wait until Thursday and see what happens. I am not closing,' says Melissa Ferguson

The City of Barrie's bylaw officers have started to hand out violation notices to local businesses defying the provincial government’s order to stay closed, but a few of those staying open say they have no plans to close their doors.

On Saturday, the province’s newest shutdown measures went into effect and saw many smaller businesses affected. Under the government order, personal care services, restaurants and gyms are among those ordered to close.

On April 1, Beauty and Babes hair salon owner Melissa Ferguson told BarrieToday she was not going to shut down when the restrictions came into play.

On Tuesday, Ferguson took to Facebook Live to show a Barrie bylaw officer coming to her Hurst Drive business to hand her a notice of violation.

When reached by BarrieToday, Ferguson said there was no fine, but she isn't sure if that may still come on Thursday.

“The gentleman told me I had 48 hours to comply and they would be back then,” she said. “I asked him what happens in 48 hours and he said we’d deal with it then. I was not told what the fine  if any  would be or what would happen.”

Ferguson said she told the bylaw officer she needed to stay open to feed her family and that's why she remains adamant she's staying open.

“He did apologize for having to be here, he was very polite. I honestly got the feeling he didn't want to be here,” Ferguson said. “Now I wait until Thursday and see what happens. I am not closing.”

Ferguson says she has had lots of support, but also one threat where someone had wished COVID on her.

The salon owner added her business has not had any COVID cases linked to it.

Ferugson’s business isn't the only one to get served with a notice. The Simmering Kettle restaurant on Bryne Drive in south-end Barrie had a visit from bylaw on Monday.

Owner Shalu Persaud said she wasn't at the restaurant when bylaw officials stopped by, but her employee indicated the officer said they visited because of a complaint.

“I’d like to know who complained, because we have heard from many who support us in staying open,” said Persaud. “I am not closing today or tomorrow. Show me how the rules make sense when Yorkdale Mall has people crammed in there over the weekend and we can’t have people sitting the proper distance from each other.”

Persaud said she's not a conspiracy theorist, but doesn’t care if people want to assume she is.

“I don’t care what others think, I can’t stop that. What I know is I look at all the businesses that are getting hit the hardest and it's all the things that make you feel good,” Persaud said. “Haircuts, food out with family and friends, entertainment, all gone.

"It seems like someone wants to keep us feeling bad, feeling down," she added. 

Persaud said she isn’t waiting around to see if bylaw officers return on Wednesday, she'll be busy serving food.

“We’ll be here, safely serving food like we have always done," she said. 

Persaud also said The Simmering Kettle has not had a COVID case linked to it.

City of Barrie spokesperson Scott Lamantia told BarrieToday that written warnings are being issued to individuals and businesses as a standard practice.  

“Given the timing of the provincial announcement, businesses will be provided at least 48 hours from the timing of any warnings issued to achieve compliance before any further action, such as the issuance of fines, may be taken,” he said. “Fines can either be $750 or $1,000, depending if the charge is against the owner directly or the corporation.”

A city hall memo obtained by BarrieToday indicates there have been 28 complaints related to local businesses. While there have only been violation notices handed out so far, fines could be coming.

“Under the shutdown section of regulations (Provincial Regulation 82/20), persons entering a business that is operating when it should be closed, the person would not be charged,” the memo says. “The business or its owners/operators would be the persons charged for failing to comply with the order.”

The notice also says a “person can be charged if they fail to wear masks, maintain distancing, or gather beyond the permitted allowances as set out in the current regulations.”