Boone Recorder 02/11/21

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BOONE RECORDER Your Community Recorder newspaper serving all of Boone County

THURSDAY, FEBRUARY 11, 2021 | BECAUSE COMMUNITY MATTERS | PART OF THE USA TODAY NETWORK ###

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YO U ’ L L B E Delighted

‘It was a huge shock:’

BY THE WAY, NKY

NKY grad facing charges in U.S. Capitol riot Jessica Schmidt Fox19

Newport on the Levee's Love on the Levee event from 2020. PROVIDED/NEWPORT ON THE LEVEE

What’s going on in NKY:

Why Beans Cafe & Bakery charges were dropped, Love on the Levee, and butterfl y habitat rehabilitation Julia Fair Cincinnati Enquirer USA TODAY NETWORK

This is an installment of reporter Julia Fair’s series “By the way, NKY.” Here, you’ll fi nd what’s going on in Northern Kentucky. If there’s something you think should be included, email reporter Julia Fair at jfair@enquirer.com By the way, here’s what’s going on in Northern Kentucky:

Health department asked attorneys to drop Beans Cafe misdemeanor Late last year, I — along with every other reporter in the region — wanted to fully explain to readers how and why businesses were being punished for not following COVID-19 safety measures enacted by Gov. Andy Beshear. On my desk, questions fi lled the sticky notes that my cat, George, likes to bat around. The Beans Cafe & Bakery case that got national attention, including from Fox News, spurred even more questions. Owner Richard Hayhoe lost his state food service license because he defi ed the governor’s ban on indoor dining. Then, he continued to serve food at his restaurants in Dry Ridge and Hebron. So, the Northern Kentucky Health Department asked the county attorneys to look into charging Hayhoe for operating without a food license. I didn’t understand why the attorneys suddenly dropped the charges in December. Hayhoe still served food without a license, so why was the issue now moot? So, I fi led a Kentucky Open Records Act Request with the county attorneys and the Northern Kentucky Health Department for emails and documentation related to the case. The county attorneys wouldn’t give me the documents, citing exemptions that say criminal investigative records

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maintained by county attorneys remain exempt from disclosure even after the case is closed. But the health department produced 168 pages of its own documents. I always make a timeline when I get a lot of documents. My notes showed that the health department asked the county attorneys to drop the misdemeanor charges it had initiated. It did not mention how the department planned to hold Hayhoe accountable for serving food without a permit. The health department told me since the food permits had been reinstated, “there were no further legal issues” for them to pursue because he was no longer operating without permits. But the restaurant had already committed the alleged misdemeanor. The emails showed me a little more about what took place the three days leading up to the dismissal of charges. On Dec. 21, an attorney with the Kentucky Cabinet for Health and Family Services advised the health department that it could reinstate the license because of the expired executive order. But the attorney talked about the misdemeanor charges separately. He said the county attorneys could “exercise their discretion as they wish in the misdemeanor cases.” On Dec. 22, health department Environmental Health Manager Ted Talley told the county attorneys in an email that since the permits had been re-instated, “NKY Health is requesting that the criminal charges related to these two establishments be dropped.” On Dec. 23, the attorneys did just that. Grant County attorney Stephen Bates declined to comment. Boone County attorney Robert Neace told me that this type of misdemeanor can come with the penalty of a fi ne between $100 and $500 or no more than 30 days in jail. But usually, Neace said he dismisses permit-related charges once the person

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or entity is in compliance. Neace saw Hayhoe getting his permit back when the order expired as compliance, so he dismissed the case, he said. “It is always the goal of the health department to obtain compliance with safety laws – and compliance can either be voluntary or ordered by a Court or the Kentucky Department for Public of Health,” said health department spokesperson Robin Feltner in an emailed statement. “Once compliance with the safety law is achieved, then the role of the local health department is concluded because the goal of protection of the public has been achieved.”

Newport on the Levee announces Love on the Levee event I’m ready to scarf down some chocolate and slurp strawberry daiquiris while I stroll around Newport on the Levee. On Valentines Day weekend, Newport on the Levee will transform into Love on the Levee. The one-day event will feature Valentine’s Day-themed drinks, snacks, pop-up activities, and live music, according to a news release from Newport on the Levee. “We feel the love from our community every day, and this annual event is one of the ways we give a little love back to them,” said Sally Fisk, marketing manager at Newport on the Levee in the release. “We can’t wait to once again transform the Levee into a Valentine’s Day-themed soiree, and host the fi rst Love on the Levee event in the Bridgeview Box Park, surrounded by festive activations and incredible specials from our local retail and restaurants.” People will be able to design bouquets, enter a raffl e to design jewelry, and more. Guests must wear masks to slow See NKY, Page 2A

News: 513-903-6027, Retail advertising: 513-768-8404, Classified advertising: 513-242-4000, Delivery: 859-781-4421, Subscriptions: 513-248-7113. See page A2 for additonal information

A man with ties to the Tri-State is facing federal charges related to the violent protest at the U.S. Capitol on Jan. 6 that left several dead, including a Capitol police offi cer. Dalton Ray Crase, 21, is currently facing several federal charges, including aiding and abetting and disorderly conduct on Capitol grounds. Deekon Duvall says he is Crase’s brother and found that Crase’s arrest came as a complete surprise. “It was a huge shock,” Duvall said. “He’s never done anything to harm somebody. He’s a pretty nice, humble dude.” Court records show Crase admitted to FBI agents that he went into the Capitol building on Jan. 6 with a man named Troy Dylan Williams, 25. Crase said he and Williams took photos inside of the building but did not partake in any violence or vandalism. “At fi rst, he was a very far distance away. He wasn’t interacting, and then he went up into the steps, and then that’s where [he took] that picture that they have posted everywhere of him with the peace sign, smiling, with the offi cers behind,” Duvall said. According to Duvall, Crase grew up in Walton. Offi cials confi rmed that Crase attended Walton-Verona High School and graduated from there in 2018. Duvall says his brother does not have a criminal history and has never been violent. He thinks Crase was at the Capitol to express himself and got caught up in the moment. “Right after, he texted me, and he was like, ‘Dude I don’t know what I just did. This is not good. Don’t like, keep it on the low. I feel like I’m going to get in big, big trouble for this,’” Duvall said. Court documents state Crase told the FBI he realizes he broke the law but said it did not register with him at the time. Duvall thinks the charges against his brother should be reduced or even See RIOT, Page 2A

Lexington resident Dalton Ray Crase inside the U.S. Capitol on Jan. 6. He was charged in connection to the riots. COURT RECORDS

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