Saskatoon's Divas Nightclub plans to fight $14K COVID-19 fine

The owner of Divas nightclub in Saskatoon says health officials have fined his business $14,000 for not following COVID-19 procedures, but claims officials originally approved the procedures the bar had in place.

Aaron Paetsch is also criticizing Saskatchewan's Ministry of Health for commenting Monday that, "Saskatoon's cases are primarily linked with outbreaks at local bars/nightclubs and additional cases are expected to be reported in the coming days."

The ministry's remark — made in a daily COVID-19 update citing 25 new cases in Saskatoon and area — came shortly after the Saskatchewan Health Authority (SHA) warned people about one or more likely-infectious Divas patrons on three dates: Oct. 3, Oct. 9 and Oct. 11.

Paetsch said that was the first he learned of those potential exposures.

"They've never once contacted us for contact tracing, so that's a big allegation for us," he said. "We learned about those cases from their post."

While declining to comment specifically on Divas Nightclub, the health authority said it takes all reasonable steps to contact a business listed in a release about potential exposures.

"However, in the interest of public safety, there are times when a public notification must be issued without their knowledge if contact cannot be made in a reasonable amount of time," Dr. Simon Kapaj, a medical health officer with the SHA, said in an emailed statement.

Dr. Saqib Shahab, Saskatchewan chief medical health officer, said Tuesday that two outbreaks have been linked to nightclubs, but ruled out any broad clampdown.

"So far, as a sector, bars and restaurants have done really well," Shahab said at a COVID-19 news conference. "My preference would be to focus on those facilities that have problems with crowding and not entire sectors which for the most part have not been a problem."

Shahab counselled customers to take personal responsibility for their actions.

"Don't leave it up to the business owner to control you," he said.

'SHA goes back on their agreed upon guidelines'

Last Friday, the ministry of health said it fined a corporation "for failure to abide by the public health order." It also said that a business was ordered to temporarily close "for having inadequate COVID-19 mitigation measures in place. The owners/operators will work with the Saskatchewan Health Authority to rectify these issues."

The next day, Divas issued a statement on its Facebook page.

"Divas staff have [gone] above and beyond, and will continue to do so, to ensure safety measures recommended by Saskatchewan Health Authority are in place and we, along with all local businesses, need everyone's continued support in ensuring measures are followed for everyone's safety while out supporting local venues," the post said. "It is with this in mind that we are temporarily closing our doors.

"We have started working with SHA this week to implement a revolutionary new system with the intent this can be used in other nightclubs and late night bars."

Paetsch said Divas was fined on Thursday. The club will contest the fine in court, he said.

"They are trying to fine me for an inspection they did over a month ago that was never mentioned in follow-up conversations, but they just gave it to me now," he said.

"For not following their guidelines, which they approved for us."

Kapaj of the SHA said that because health inspectors are only inside businesses for short periods of time, "one of the most effective tools is providing education of the operators and/or business owners and setting out a clear expectation of how a facility needs to be operated in accordance with the Re-Open Saskatchewan Plan.

"This provides operators, who for the most part wish to comply with the legislation, the tools to operate safely, regardless if the inspector is present on a particular day."

Paetsch declined to specify what guidelines were allegedly broken.

"I can say, much like with them backing out on agreed-upon measures with The Longbranch and their dance cubes, SHA goes back on their agreed-upon guidelines for us too," he said.

Paetsch was referring to another Saskatoon bar, The Longbranch at the Ramada hotel on Idylwyld Drive, that was flagged by health officials after it was determined a person likely infections with COVID-19 was at the bar on Oct. 9.

The Longbranch had bolted plexiglass "redneck dance cubes," with enough room for four people, to its floor.

A Ramada spokesperson said the cubes had been approved by the SHA. The SHA neither confirmed nor denied the approval, but said dance cubes are prohibited.