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'I cannot turn a blind eye' | Houston mayor says fire marshal will enforce 25% capacity at bars, clubs

More than 300 complaints of noncompliance have been addressed by HFD since Friday, fire chief says.

HOUSTON — Local clubs and bars can expect a visit from the Houston Fire Department or Houston Fire Marshal's Office — and a possible citation— if they don't follow the state's reopening guidelines.

Mayor Sylvester Turner announced his decision Sunday afternoon on Twitter after he saw pictures and videos online of packed clubs and bars in Houston during Memorial Day weekend. 

During a briefing a few hours later, Turner said he "cannot turn a blind eye."

Turner said it was his hope restaurants, clubs and bars would voluntarily comply but violations have been "blatant" and he is being forced to step in because of public health.

"I don't want police or firefighters barging in on people's business— I don't want that," Turner said. "I'm asking people to be responsible, to do the right thing. Then you can come out and enjoy yourself, but do it in a way that's safe and responsible."

He reiterated the priority is still educating business owners and giving them a chance to follow the Texas executive order, but contrary to what was said earlier, repercussions are now needed to deter violators.

Turner said no one will be jailed for violations, but the fire marshal is empowered to issue a citation to those who continue to disregard the executive order.

"A photo was sent to me and there are others on social media of crowds n clubs/bars ignoring the 25% occupancy requirement, no social distancing and no masks. I want us to move forward but this will set us back. Starting tonight the Fire Marshall can enforce," Turner said.

RELATED: Houston bars reflect on first day back in business during coronavirus pandemic

He continued to tweet, "In the absence of a vaccine we have to learn how to co-exist with this virus for now. Crowding into any environment w/no social distancing and masks will expose everyone"

The Houston Fire Department has addressed at least 300 complaints of non-compliance since bars were allowed to open Friday, Chief Samuel Pena tweeted a few hours later.

"We'll work with businesses in adhering to [the governor's] order, but admittance beyond approved capacity will cause events to be stopped until condition is corrected," he said.

Just two days ago, Turner had said the state won't allow police or firefighters to enforce the rules and the city has been sued for trying to enforce the guidelines established because of the coronavirus pandemic.

RELATED: Houston bars that break the rules won't be cited, mayor says

“It puts the city in a tough spot when we’re sending limited resources to enforce the rules and then the city gets sued and doesn’t have the back of the state,” Turner said.

The Houston Professional Fire Fighters Association released the following statement:

“Houston Mayor Sylvester Turner’s slow and chaotic response to the COVID-19 pandemic continues. The HPFFA does not support the mayor’s political flip-flop directing HFD inspectors and arson investigators to enforce the state-ordered 25-percent occupancy capacity restriction on Houston businesses.

“The mayor’s ill-conceived directive came without public health guidance or an order from the fire chief clarifying how inspectors and investigators in the field should respond when they confront understandably irate business owners, managers and customers. Based on recent incidents, we have no reason to believe the mayor will back up city employees forced into this impossible situation.

“As with the city’s failed Hurricane Harvey response, the mayor did next to nothing to fortify HFD operations at the onset of the pandemic response. As firefighters and paramedics faced thousands of line-of-duty COVID-19 exposures and hundreds of quarantines, the Turner Administration was largely unprepared. Today’s decision by the mayor reflects his continuing unwillingness to be fully informed on public safety issues.

“Whether the mayor’s decision today is another move in his intensifying feud with the governor, or something else, is for others to decide. In the meantime, HFD inspectors and arson investigators should not be made to be political enforcers for the mayor. We’re proud as firefighters, EMTs and paramedics to be on the front lines of the pandemic response in Houston. We just believe the mayor should give out masks, not citations.”

Bars can operate at 25 percent capacity and restaurants can now operate at 50 percent capacity. 

Here's the list of guidelines set out by the state:

  • Staff should block off the bar itself so customers can’t sit or order there.
  • Bars should seat customers at tables.
  • Dancing and other close-contact interactions are discouraged.
  • Interactive areas like arcade games should stay closed.
  • Seated parties should have no more than six people per table.
  • Tables should be socially distanced, which could be managed by placing unoccupied tables between parties.
  • Bars should provide disposable menus and single-use condiments, silverware and glasses.

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