Hoover businesses test boundaries of business shutdown order, resolve of police

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Some Hoover small businesses eager to reopen are testing the boundaries of the state’s COVID-19 business shutdown order and the Police Department’s resolve to enforce it.

A partner in The Male Room barbershop at Inverness Corners said on the shop’s Facebook page that it plans to reopen Friday morning because “workers and businesses must have income to survive.”

Meanwhile, the Kalli’s Love Stuff adult products store on U.S. 31 earlier this week reopened with curbside service only, with the store’s attorney saying the store provides “necessary supplies” that are important for people’s sexual health.

THE MALE ROOM BARBERSHOP

Scott Farr, president and partner of the company that owns The Male Room, said in a Facebook post that he made the difficult decision to reopen because not doing so ensures the business will fail.

“I cannot in good conscience stand by and voluntarily forgo a business that many people have worked so hard to build and maintain,” Farr wrote. “While we are extremely sensitive to the serious implications of the virus, we are nonetheless faced with an equally serious dilemma regarding the future viability of our business. This dilemma extends to our employees and service providers as well. Workers and businesses must have income to survive.”

The Male Room and staff have applied for programs to help during this time, but have not yet received any.

“While this relief may eventually find its way to us, we are left with no other choice than to reopen for business now,” Farr wrote. “So, given the circumstances The Male Room will reopen for business on Friday, April 17 at 10 a.m.”

His Facebook post listed things that management and staff would do to minimize risk to customers and staff. They will offer only limited services (including haircuts and neck shaves) by appointment only. Clients are to wait in their vehicle until their appointment time and will be texted when they can enter the building.

To comply with social distancing, only four staff members will be in the shop, and no more than 10 people will be inside the building at once. Stylists will wear face shields and thoroughly sanitize stations between each appointment. Transactions will be credit card only and done through a self-checkout process.

“We realize that to some this will be a controversial action, and it is not one that we have taken lightly,” Farr said. “The health and safety of staff and customers are of utmost importance.”

Farr said that although The Male Room is not essential, the income of which they have been deprived by government mandates is essential to the company’s staff and their families.

Staff members can decide if they are ready to return or not, and there will be no negative ramifications for electing to stay at home, Farr wrote. “Some have already stated they are not comfortable returning to work at this point, and they are free to return once they are comfortable doing so.”

The first two days of operation will be April 17 and 18 from 10 a.m. to 6 p.m., Farr wrote. Beginning Monday, April 20, The Male Room will be open those same hours on Mondays, Wednesdays and Fridays, he said.

Farr made his Facebook post Tuesday night. Efforts to reach him for comment today were unsuccessful.

As of this afternoon, his Facebook post had more than 800 comments, with a mix of criticism and praise, and had been shared more than 200 times.

HOOVER POLICE RESPONSE

Hoover police Chief Nick Derzis said police understand that businesses are eager to reopen, but the state health officer’s order specifically says close-contact service providers such as barbershops and nail salons must be closed right now.

Police officers are the enforcement leg of that order, and “the bottom line is we will continue to enforce those orders,” Derzis said.

Hoover police did have to step in and direct a handful of businesses to close shortly after the state health officer’s order was issued, Derzis said.

“Everyone we talked to, they did it without any issue and, to my knowledge, haven’t been open since,” he said. “I think the majority of people understand the significance of those orders and see that COVID is taking people’s lives daily and that what the state is trying to do is keep us all safe.”

Derzis declined to say exactly what Hoover police would do if The Male Room barbershop opens. “I don’t want to play our hand, but we’ll take some sort of enforcement action if it’s open,” he said.

KALLI'S LOVE STUFF

The state health officer’s order specifically mentioned “adult novelty stores” as being among businesses that had to close as of 5 p.m. on March 28.

However, Amy Herring, an attorney for Kalli’s Love Stuff, said adult novelty items are only a part of her client’s business and that her client considers itself to be more of a general retail store.

The state health officer’s order has provisions in it that allow the adult products store to provide curbside service, she said. Thus, it reopened stores in Hoover and Montgomery this week.

Herring cites a section of the order issued April 3 and revised April 10 that says: “Notwithstanding any other provision of this order, a business may continue to sell “necessary supplies” (as that phrase is used in paragraph 1.a) through curbside pickup, delivery, remotely, or any other method that does not involve a customer entering its building, provided that the business takes all reasonable steps to maintain a 6-foot distance between persons as work duties permit, consistent with guidance from the Centers for Disease Control and Prevention.”

The state health officer’s order, in paragraph 1.a., says that people may leave their home to obtain “necessary supplies,” including medical supplies and “any other supplies necessary to maintain a person’s or pet’s daily routine or to maintain the safety, sanitation, and routine operation of a home or residence.”

A 1988 Alabama law that bans the sale of sex toys has an exception that allows the sale of such items for medical, scientific, educational or law enforcement purposes, and Kalli’s Love Stuff says it requires anyone buying such items to sign a statement saying the purchase complies with state law.

“Sexual function is part of your health,” Herring said. “It’s important for the overall health of individuals — physically, socially and psychologically. … For some people, that’s a stronger need than for other people.”

There is strong demand for Kalli’s Love Stuff’s products, and the company wants to meet that demand legally, Herring said.

The store understands the serious nature of the COVID-19 outbreak and is taking precautions to keep people safe, such as practicing social distancing between customers and employees, she said.

Derzis said his department looked into the argument used by Kalli's Love Stuff and believes the store does have the right to do online sales and curbside pickup, just like other stores such as Academy Sports + Outdoors and Dick's Sporting Goods.

As long as people are not going into the stores, they seem to be following the state order, Derzis said.

This article was updated with police Chief Nick Derzis' response to curbside pickup at Kalli's Love Stuff at 3:54 p.m.