A local brewery recently lost its appeal over a mast mandate violation during the COVID-19 pandemic.

In 2021, the Washington State Liquor and Cannabis Board (LCB) issued a mask mandate violation to Headworks Brewing, requiring the business to pay a fine or have its liquor license temporarily suspended.

After three reviews that favored the LCB, Judge A. Z. J. Hazelrigg with the Washington State Court of Appeals ruled against Headworks and affirmed on Jan. 2 Gov. Jay Inslee’s emergency powers concerning his mask mandate and the Washington State Liquor and Cannabis Board’s ability to enforce those rules when it comes to businesses that serve alcohol.

In short, the LCB received seven total complaints about Headworks employees not wearing masks, despite the mask mandate, between September and November 2021.

During those months, LCB enforcement officers contacted employees and brewery manager Gino Santamaria multiple times to inform them of the complaints and the mask requirements.

According to the ruling, “Santamaria stated that Headworks would neither refuse service to unmasked patrons nor require employees to wear masks.”

The official violation was issued on Dec. 2, 2021, ordering the brewery to pay a $500 fine or have its license suspended for five days. This is a “standard penalty for first time public safety violation,” said LCB Communications Director Brian Smith in an email interview.

Headworks promptly appealed to an administrative law judge, alleging that only the state Department of Health — not Inslee or the LCB — had the authority to enforce the mask mandate, but the judge affirmed the violation. The brewery then requested an LCB review of the order, but the Board affirmed the initial order and declined Headworks’ petition for reconsideration. Headworks paid the fine after the Board affirmed its order in September 2022.

Next, Headworks appealed the decision to the Court of Appeals. In its appeal, Headworks requested an award for attorney fees and costs, but since Hazelrigg ruled in favor of the LCB, was declined; it is unclear at this time how much these fines and fees might be after these appeals.

It is also unclear if the brewery plans to appeal again to the Washington Supreme Court, though Hazelrigg noted in his ruling that “The governor’s emergency authority has been ‘repeatedly and recently upheld by the Washington Supreme Court.’”

The Courier-Herald reached out to Headworks via email on Jan. 3, but did not receive a response by print deadline on Monday, Jan. 8.