FORT SMITH, Ark. — It's been more than a week since Governor Asa Hutchinson announced the COVID-19 directives were changing to guidelines.
This means restaurants and other businesses can decide their capacities.
The directives were in place until late February 2021 and prevented restaurants and bars from operating at 100% capacity.
Some local restaurants say they aren't changing their capacities, even with the directive change.
“As of last Wednesday, or so only 19% of the population of Arkansas have been given the vaccine and so for us and for me I don’t think it’s what’s best for my staff and consciously best for my customers to be wide open,” said Don Tate, owner of Benson's Grill in Fort Smith.
Tate has owned Benson's Grill for 24 years and is choosing to stay at one-third capacity. He says one of the biggest reasons for this decision is that none of his staff who want to receive the COVID-19 vaccine have been able to yet.
He says they have gotten pushback from some customers.
“They are very unhappy and in a lot of cases, they are very vocal, and we just try and work through it as best as we can,” Tate said.
Businesses that choose to not follow the guidelines could face consequences.
Dr. Jennifer Dillaha with the Arkansas Department of Health applauds restaurants that are continuing to follow COVID-19 safety guidance.
“If they are not following the guidelines then they are liable for that spread, but if they are following the guidelines and taking whatever precautions are reasonable as the guidelines have established then they are not liable for the spread of COVID-19,” she said.
Tate says once all his employees get the opportunity to get the vaccine and takes a look at the cases in our area that he will reevaluate his capacity.
“Understand that business owners, business managers are making the very best decision they can make, that they believe is appropriate for their staff and their clientele. And it may not be exactly how you believe, or you feel,” he said.
The Arkansas Department of Health says the guidelines will be in place until our state has a large portion of the population vaccinated even if the mask mandate were to end on March 31.