On Nov. 23, Jack Rabbit, the multifaceted tavern and live music spot on Elmwood Avenue, announced it would begin requiring all patrons to show proof they are vaccinated against Covid-19. Jack Rabbit's owners made the move, following Erie County's newly announced mask mandate, because it would allow customers and performers alike to go without face masks.
Some embraced the venue's decision.
"Awesome! It will be nice to have a place to go where I know the crowd is as safe as can be in these times," one supporter wrote on Jack Rabbit's Facebook page.
"I have never been to you but I am going to find your bar and go now. Thank you for doing the right thing," echoed another.
Others reacted with scorn.
"Gestapo," wrote one critic, referring to Nazi Germany's official secret police force.
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"I'll enjoy walking by and seeing your business closed," vowed another. "And any other that bows to this scamdemic instead of rising up for bodily autonomy for all people."
With Erie County imposing the latest in a series of health restrictions on some public-facing businesses, in an attempt to limit the virus' spread, small business owners say they're once again caught between people who accept or decry the regulations.
This balancing act will only grow more challenging if county or state governments take further action to rein in the region's high levels of Covid-19 cases and hospitalizations.
Some business owners are following the county's masking order, even if they would prefer not to, or they have opted to skip over the mask rule and move to a vaccine requirement instead.
They have gotten pushback from people who don't want to get vaccinated, who don't want to be told to wear a mask and who despise the Democratic governor and county executive and the public health officials who work for them.
On the flip side, some businesses are publicly arguing against the mask mandate, refusing to enforce the order and all but daring county health workers to crack down on them. In return, other prospective customers are turned off by this stance and have vowed never to patronize those businesses.
It's a reflection of how divisive the pandemic, and the public health response to the crisis, has become.
Some of the business owners staking out the most strident anti-mandate positions say they're not worried about an effect on their bottom lines. But other owners of restaurants, bars and gyms fear alienating half their clientele no matter which way they go.
"There's no middle ground," said Amy Bueme, co-owner of the Catalyst Fitness chain. "And it's tough, because both sides are so opinionated."
The mask mandate is the latest challenge for owners of small businesses who have endured a financial battering over the past 20 months, as efforts to rein in Covid-19 cases have led to various periods when businesses were closed, opened with limited capacity, opened freely and, now, open to those who wear a face mask.
Owners have struggled to hire enough staff, spent additional money on cleaning supplies and personal protective equipment and navigated intense reactions to the new rules from customers.
Erie County Executive Mark Poloncarz announced he would put in place the mask mandate, effective Nov. 23, because of surging Covid-19 hospitalizations in the county.
Within 48 hours, the HoganWillig law firm announced it would file a legal challenge against the mandate on behalf of the Western New York Small Business Coalition, a group with more than 100 members.
"It is your right to choose," group members state in a sign they've posted online and in their windows.
Other restaurants that have taken a strong, public position against the mask mandate include the Duff's Wings at the Eastern Hills Mall and Neat restaurant, both in Clarence.
"We are not against masks or the vaccine," Neat posted on Facebook. "We are against discrimination of any sort and we will not be a part of it."
Their stances have generated applause and scorn on social media.
"Thank you for letting me know you don’t take my safety seriously. What other health regulations do you choose to ignore?" read one of 184 comments on Neat's Facebook post.
"LOVE to see it and we can’t wait to be back again. ❤️👏🏼👏🏼👏🏼 THANK YOU for standing up for freedom & fighting these ridiculous mandates," read another, contrasting comment.
After the Howling Rooster restaurant in the Town of Tonawanda posted a sign complaining about the mask mandate, and sarcastically wondering how much overtime pay Erie County's health commissioner and "her hit squad" will earn this holiday season, the progressive WNY Media Network shared that image on Twitter.
"What’s going to keep people from coming into your restaurant and eventually put you out of business is your reckless, ignorant stupidity. Not a mask," the network wrote.
Howling Rooster owner Caren Paterniti, who unsuccessfully ran as a Republican for Tonawanda Town Board this fall, said she is reluctantly enforcing the mask mandate, which she doesn't believe is backed up by evidence of its effectiveness.
"I'm doing things the legal way of doing things," Paterniti said.
Restaurants aren't the only establishments subject to the mask mandate.
Rachael Jarosz, co-owner of Barre Centric, said the new mandate came as one more blow to a business finally getting back on solid financial ground after months of feeling Covid-19's financial effect, which included closing its downtown Buffalo location.
The owners surveyed their members and determined more of them preferred a vaccine requirement that would allow them to work out at the two remaining locations, in Clarence and East Aurora, without a mask.
Only four active members politely emailed that they couldn't abide by the vaccine rule.
"Members are actually thrilled with the decision," Jarosz said.
But a Facebook post that criticized the new rule drew 128 comments, most of them negative, including, "it shows they know NOTHING about true health!!" and "Time to boycott ... enough is enough.. there are a lot of other great workout spots ... C.. YA."
Jarosz said the owners reached out to an attorney after receiving an email vowing to burn down one of their studios, though she did not report it to police because it didn't appear to be a serious threat.
"I think it's a low percentage," Jarosz said of the social media critics, "but I think it's a very loud group of people who are just upset with the mandates in general and, unfortunately, it seems like they're taking it out on small business owners."
Bueme said she chose a hybrid approach, with a vaccine requirement at Catalyst Fitness' largest location, on Maple Road in Amherst, while offering clients the option of working out with a mask at her six other clubs.
"People are calling me 'weak,' and 'a coward,' and saying I should just take one side," Bueme said. "We're trying to just stay open."
A number of bars and restaurants in Buffalo, including Mister Goodbar on Elmwood Avenue and Free Street Tavern on Niagara Street, also moved to a vaccine requirement that allows patrons to go without masks inside.
Josh Mullin, co-owner of Jack Rabbit, said a desire to let musicians perform without having to wear a mask was a driving factor in his decision to put a vaccine requirement in place.
"We have not seen an effect in business. If anything, our loyal guests and friends have appreciated our stance on this," Mullin said.
How much of the vitriol directed at these establishments translates to lost sales? It's impossible to know.
But one business owner who put a vaccine requirement in place, who spoke on condition of anonymity, obsessively checks negative comments on Facebook against the establishment's customer base and hasn't found any overlap. Complaints, it appears, didn't come from existing patrons.
Some business owners fear fines if they don't ensure complete compliance with the regulation.
Co-owner Brandon Carr, though, said his staff at the Quarter restaurant is not enforcing the mask mandate for his customers.
"We are just going by honor code," said Carr, who is part of a group of mask-mandate critics who have banded together to launch a week of "civil disobedience" activities, beginning Monday.
The county Health Department hasn't fined anyone, spokeswoman Kara Kane said, but has received 239 complaints about potential violations of the mandate and is responding with letters, emails and sanitarian visits.
Some business owners, particularly those following the county mandate, still feel they're caught in a no-win situation.
"I don't think they should stake a position. They should just say they're following whatever the rule is," said Susan McCartney, director of SUNY Buffalo State's Small Business Development Center, noting there are numerous rules and requirements businesses must follow, such as serving alcohol only to those 21 and older.
Many operators dread the possibility of capacity restrictions, or business closures, if Covid-19 numbers don't improve.
"A shutdown would actually kill us," Jarosz said.
