Guelph hair salon owner faces court summons if she opens again during 'emergency brake'

A Guelph salon owner says she's been told if she continues to try to stay open during the provincial "emergency brake," she'll end up in court.

The "emergency brake" came into effect on Saturday at 12:01 a.m. On Tuesday, Pina Marfisi opened her business, Acqua Salon, on Quebec Street in downtown Guelph. Bylaw officers arrived shortly after she opened and issued a warning for failing to comply with the Reopening Ontario (A Flexible Response to COVID-19) Act.

Just after noon, while Marfisi and some of her staff were speaking with a CBC News reporter, bylaw officers returned. She said she was expecting to receive an $880 ticket, which she was prepared to pay.

Marfisi said, in fact, bylaw would not be issuing a $880 ticket. Instead, officers were prepared to issue a court summons. If convicted, the court could impose a fine as high as $100,000 for an individual, $500,000 for directors and officers of a corporation and up to $10 million for a corporation. 

"I'll take the court date if they leave us alone, but they won't leave us alone. They will hassle us every day and then possibly lose our business license. So our hands are tied," Marfisi said after speaking to bylaw officers.

She said she wasn't sure if she could afford to continue to fight the order to close.

"I guess they want more bankruptcies in the downtown core of Guelph. They've already lost many businesses, so they take my license away, they lose my business also, which I own two of them," she said.

Stacey Hare, a spokesperson for the city, confirmed in an email that bylaw visited Acqua Salon on Tuesday but while the salon was open, they were not conducting business.

"If bylaw returns and sees business being conducted, the city would pursue a court summons," Hare said.

Association calls for data

Marfisi said there's little evidence of COVID-19 outbreaks at hair salons or personal services and none in the city. 

Wellington-Dufferin-Guelph Public Health reports on its online COVID-19 dashboard that there have been zero outbreaks linked to personal services including hair salons, tattoo parlors, nail salons or spas.

Brianna Cook, who is a stylist at the salon, says staff spent previous lockdowns researching what they needed to do to keep people safe. She said the business invested in personal protective equipment for the stylists and staff, single-use capes for clients, cleaning products and barriers between chairs.

"Obviously our industry is extremely knowledgeable about disinfection and sanitization," Cook said.

"I really hope that nobody takes our choice to reopen as a stand against the realities of the virus and people getting sick. We have all of the sympathy for that and the understanding that this is very serious."

The Ontario Professional Hairstylist Association has also asked the province to show the data to backup closures of salons.

Tanya Hill, the association's vice president, said in a release dated March 25 that other industries that have seen outbreaks are still allowed to operate.

"Hairstylists and salons are being punished for other industries' lax health and safety standards because we are an easier target to control and aren't able to hire lobbyists. It is unfair and is not supported by evidence," Hill said.

In a statement to CBC News last month, the Ontario Ministry of Health said it "recognizes the impact that public health and workplace safety measures, including business closures have, and continues to balance the need to take action to prevent COVID-19 transmission while maintaining access to settings and services that are important for Ontarians."

Call for politicians to act

Marfisi called on local politicians to advocate on behalf of businesses that have been forced to close. She said she's had conversations with local politicians at the municipal, provincial and federal level and says she doesn't feel like they were listening to her concerns. Instead, she says the focus of politicians right now seems to be on getting businesses grant funding to help cover costs.

"We don't want to get handouts from the government. We want to work. That's the bottom line," she said. "We're healthy. We're working healthy. We're trying to keep everybody healthy."

Guelph MPP Mike Schreiner, who is also leader of the Green Party of Ontario, said he sent an open letter to Premier Doug Ford to address the concerns that local small businesses in Guelph have shared with him, "including the need to expand the small business support grant."

"I feel for salons and other businesses that are shut right now. Ford's half measures have resulted in this endless cycle of closing and reopening. And it is unfair that big box stores can sell non-essential goods," Schreiner said in an emailed statement. "The premier needs to step up and provide the financial support small businesses need right now."

'We're not spreading the virus'

Teija Tucker, another stylist at the salon, said she understands there's mixed feelings about the salon's efforts to remain open. The salon's social media feeds are filled with comments from people who both support the business and others who criticize the move.

"We're not spreading the virus and we're doing everything that we can to stop people from getting sick in our establishment. I wish the government would understand where the problem is," she said.

"We are a safe workplace. Our staff and owners of these businesses have gone above and beyond so the staff and our guests are safe."

Marfisi says she's heard from some people who have gone to people's homes to get a hair cut, creating an "underground industry."

"It's so unfair," she said.