Panico’s Continues Public Fight Against COVID-19 Restrictions, Remains Defiant of LCB Orders

Keith Heffintrayer•

It has been two weeks since Panico’s Neighborhood Grill in Lansdale Borough announced their intention to defy additional COVID-19 mitigation efforts, which were aimed at curbing the coronavirus surge over Thanksgiving weekend. In the time since, the bar’s owners carried out their threat to remain open on Thanksgiving eve, boasting a near-capacity crowd of both masked and maskless customers, complete with Philadelphia media personnel staged outside — no doubt hoping for an Atilis Gym-styled confrontation between the authorities and the Panico family.

But nothing happened.

In the days and weeks that have followed, Panico’s has continued to willfully defy restrictions regarding occupancy, masking, social distancing and hours of operation. And according to Rob Panico, the family has no intention of backing down any time soon.

In fact, they’re even bringing back karaoke.

"We could have never imagined the amount of support we have gotten from the community,” said Panico, in a statement provided via Facebook. "It shows us what we are doing is right. We truly appreciate all of the kind words, and the distance some of you have traveled to say thank you. We will continue to fight for the rights of the restaurant industry.”

In a recent interview with North Penn Now, Panico reiterated that he intends to continue to defy the restrictions — something he has done since September — and added that the bar has not received any additional citations for their defiance on Thanksgiving Eve.

Pennsylvania liquor control records show that Panico’s was previously issued a citation on Oct. 28 for "failing to abide by the order and mandates of the Governor and/or Secretary of Health” for actions on Oct. 16, and another on Nov. 6 for similar violations that occurred on Oct. 30 and Oct. 31.

Panico said he will plead not guilty to both citations, arguing that he has not broken any laws under the Pennsylvania Liquor Code.

During a phone interview with North Penn Now, officials from the Allentown office of the Pennsylvania State Police Bureau of Liquor Control Enforcement (BLCE) said both citations remain active. Officials also confirmed that no additional citations had been filed against Panico’s following their defiance on Thanksgiving Eve.

Panico has remained unapologetic in his defiance of the state’s pandemic restrictions, and said remaining open allows his customers to use their right to choose. He has previously stated that the restrictions have unfairly targeted restaurants and bars while large retail chains and big box stores have been largely allowed to remain open.

The fight comes at a time when Pennsylvania, Montgomery County and Lansdale Borough are all seeing their highest surge in new cases since the beginning of the pandemic. During a 30-day period from Nov. 4 through Dec. 4, Lansdale Borough saw more new cases than they had accumulated since the first case surfaced in March. Additionally, hospitalizations across the county and state have increased exponentially, with many Montgomery County hospitals currently being at or near capacity.

That surge, however, is also occurring at a time where many small business owners are seeing their livelihoods and those of their staff members being pushed to the breaking point. And finding assistance, for many, has proved to be a fruitless endeavor, be it due to flaws in the much maligned Paycheck Protection Program to Pennsylvania using $1.3 Billion in CARES funding to balance the budget instead of being dispersed to struggling industries.

What Happens Now

Panico’s has confirmed their intention to remain open without restriction for the foreseeable future, and though the risk of fines and a license suspension or revocation remains a possibility, it could be quite a long time before any punishment comes to fruition.

Officials with the BLCE said the two active citations have to go before an Administrative Law Judge (ALJ), and though the time frame varies, the initial wait for a hearing typically takes up to six months. Should the ALJ find Panico’s to be guilty of the violations, Panico’s could then appeal to the Pennsylvania Liquor Control Board (PLCB) while remaining open on appeal.

In the event the PLCB agrees with the judge’s ruling, Panico’s would then have one option left: an appeal to the Commonwealth Court of Pennsylvania. Should they pursue that appeal, Panico’s would again be allowed to remain open until the appeal was resolved.

Panico, however, said he had no concerns about losing his license, and said he wasn’t fazed by threats from the health department. He added that though he takes issue with occupancy, hours and sales restrictions, he does encourage guests to wear masks, social distance and utilize various sanitizing stations throughout the bar and restaurant.