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SWHHS reinstates Haven’s Garden license

Owner says she received cease and desist order from state

LYND — A Lynd restaurant owner in defying Minnesota Gov. Tim Walz’s executive shutdown order regained her food service license on Wednesday, but Larvita McFarquhar is being threatened with a cease and desist order from the state.

Southwest Health and Human Services Community Health Board decided to reinstate the Haven’s Garden food service license during a board meeting Wednesday. SWHHS suspended the license a week ago.

“I just want to thank Southwest Health and Human Services for showing that they care, stand with the Constitution and are doing the right thing by supporting small businesses,” McFarquhar said.

McFarquhar said she wasn’t able to attend the hearing, which was held in a closed session. She said SWHHS came to the restaurant Wednesday to reinstate the license.

SWHHS Public Health Director/CHS Administrator Carol Biren said they will “continue to provide education and information with our community partners in relation to the governor’s executive order and the COVID-19 pandemic.”

McFarquhar also the cease and desist letter sent by the state on Wednesday is ordering her to be closed for the next 72 hours. However, she vowed to stay open.

Haven’s Garden hosted an event featuring food and music on Nov. 27. Under the current executive order, Minnesota bars and restaurants are supposed to be closed for dine-in service through Dec. 18.

Last Wednesday, McFarquhar posted photos of a food and beverage inspection report from Southwest Health and Human Services. The report calls for the restaurant to cease operations after 80 to 100 people were observed eating and drinking inside on Nov. 27.

The report also says SWHHS will charge a re-inspection fee for followup inspections. Under Lyon County ordinances, operating a restaurant with a suspended license can be punished by a fine of up to $1,000 or 90 days in jail.

Multiple political action groups such as Action 4 Liberty and the ReOpen Minnesota Coalition have stepped in to support McFarquhar. Action 4 Liberty has a “Justice for Larvita” petition on its website while ReOpen Minnesota started a defense fundraiser on Nov. 24 for McFarquhar on the Christian crowdfunding site GiveSendGo. As of Wednesday, the page had raised nearly $16,000.

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