Gov. Asa Hutchinson said police can be deployed to stop a Fort Smith music venue from having a concert Friday night in violation of the state's coronavirus guidelines.
"We just issued the cease-and-desist order," Hutchinson said during a news briefing Wednesday. "I would expect compliance with that. Our enforcement capacity can utilize local law enforcement because this is an enforceable order that we have in place."
TempleLive is planning a concert by Travis McCready, the frontman of Bishop Gunn, a blues-rock band from Natchez, Miss.
But the concert date is three days before Arkansas officially reopens large indoor venues since closing them in mid-March because of the pandemic.
[DOCUMENT: Cease and desist order » arkansasonline.com/514order/]
Two national media outlets -- The New York Times and Rolling Stone magazine -- say McCready's solo performance at TempleLive will be the first large concert in the U.S. since the pandemic began.
TempleLive is limiting attendance to 229 in the 1,100-seat former Masonic Temple. Tickets are $20 each. All but 50 seats had been sold as of Wednesday afternoon, according to a Ticketmaster website.
According to templelive.com, social distancing during the concert will include seating people in "fan pods" at least 6 feet from other groups. Other safety measures will also be implemented.
On May 5, an article appeared in Billboard magazine quoting Mike Brown of TempleLive saying that the show will go on. Brown told Billboard that it was "discriminatory" for the state to have more lax regulations on churches than on businesses during the pandemic. Places of worship in Arkansas have been under social-distancing "guidance" during the pandemic, but there's not an order to cease having church in person.
Dr. Nate Smith, Arkansas' secretary of health, addressed that argument in Wednesday's news briefing.
"When we developed each of these directives, we had in mind each particular group that was involved in these directives," Smith said. "Obviously, a place of worship is different than a concert hall. There are some similarities but there are also some significant differences, especially with this event they're expecting people from a number of different states, people who normally wouldn't come in contact with each another so that really increases the risk of covid-19 transmission."
Smith said TempleLive is being treated as any other business would be if it decided to flout state orders issued during a public health emergency.
The cease-and-desist order was emailed to an attorney for TempleLive on Tuesday night, said Meg Mirivel, a spokeswoman for the state Health Department.
"TempleLive is evaluating its legal options and final scheduling decision," John Scott, the venue's attorney, said in an email Wednesday morning. "I understand they will announce their plans as soon as possible."
TempleLive sent a news release out Wednesday saying a news conference will be held at the venue today to address "recent events related" to the McCready concert scheduled for Friday.
According to the cease-and-desist order, state officials began corresponding with TempleLive on May 5, the day the Billboard article came out.
On May 7, the Health Department staff notified TempleLive's attorney by telephone that the concert should be postponed, according to the order, which was signed by Smith.
"On May 11, I personally advised you by phone through counsel that you should postpone your event, and of today's date, it is my understanding that you intend to violate the orders of the governor and the health directive by holding your event May 15," Smith wrote.
"By your actions, you are in violation of the Arkansas Public Health Code," he wrote in the order.
The venue may face other violations, according to the order.
"It is the duty of every holder of an alcoholic beverage permit issued by the state of Arkansas to operate the business in a manner that is in the public interest and does not endanger the public health, welfare or safety," Smith wrote.
"Indeed, public health laws protecting Arkansans include those involving a public nuisance, which are actions or use of property that interfere with the public's health or safety," according to the order. "The governor may also require the Board of Health to examine your proposed event as a nuisance affecting the security of health in any locality in the state. See Arkansas Code Annotated 20-7-113. A violation of one or more of these rules or laws may result in administrative penalties, a civil or criminal fine or imprisonment, if convicted, or all of the above."
Meanwhile, according to templelive.com, TempleLive has added another socially distancing McCready concert, but this one will be Saturday just across the state line at a distillery in Pineville, Mo. That concert will be outdoors.
Special guest Lauren Brown will perform with McCready at both shows, according to the website.
In his news briefing Wednesday, Hutchinson said it would be "disappointing" if TempleLive violates the cease-and-desist order.
"We expect the law to be complied with," he said. "That would be disappointing, and obviously that would encounter some consequences if that's the direction that they pursue. But I hope that in the end, and I would think that patrons when they know that the concert should not happen under Department of Health guidelines, that they would use good judgment and not attend."
Hutchinson said he hopes common sense prevails and TempleLive follows the order.
In his news briefing Tuesday, Hutchinson said TempleLive had submitted a plan that would allow the venue to have more than 50 people in the audience, but fewer than 33% capacity. The governor said that plan wasn't approved by the state Health Department, and the concert is still set for three days too early.
TempleLive was "out of time," he said.
A Section on 05/14/2020