For visitors to Snohomish, Andy’s Fish House on the corner of Avenue D and 1^st Street, is a staple for great food and good company. Like many restaurants during COVID, Andy’s did everything it could to stay in business, including outdoor, covered seating and as a result, successfully navigated the economic hardship placed on business by the states mandated shutdowns.

Now, the City of Snohomish is taking a hard stand on the covered patio and is threatening $1000 a day fine if the cover isn’t removed.

The city is arguing that while the structure was perfectly safe and permittable during COVID, now it no longer meets building codes and has to be removed. According to the Everett Herald, the city is citing the International Building Code (IBC), which has not changed since COVID, as the reason they cannot accept the outdoor seating covering.

It begs the question, why was it ok during COVID, but not ok now?

A citizen petition with over 7000 signatures supporting the outdoor patio would indicate that there are others asking the same question.

Andy’s Fish House isn’t the only business in town fighting city hall to try to stay in business. Originally there were 8 businesses notified by the city that what they did legally during COVID was now illegal, despite no new law being passed.

The same could apply to many of the rules and regulations that were relaxed during COVID to enable businesses to survive. COVID became the petri dish for demonstrating rules that state and local municipalities have had for years that probably weren’t needed in the first place.

Other rules that were suspended, with no apparent negative impact, included waiving restrictions on truck driver hours, allowing driver license renewals by mail, removing limitations on re-hiring retired public sector workers and allowing the state to pay public employees by mail.

Additionally, COVID has highlighted the continuing relinquishing of state and local control to international organizations that exert change on US entities without representation. While the IBC doesn’t have direct authority, when a government puts into statute that they will follow a code outside of their jurisdiction, they effectively give authority to an un-elected body.

For Andy’s Fish House, the owner wants to work with City Hall to make the changes needed. Hopefully City Hall will take a step back and figure out a way to help a local business survive.