By Mike De Felice

Special to Kitsap Daily News

PORT ORCHARD – A Kitsap County Superior Court judge on Wednesday morning ordered the That One Place restaurant to stop providing indoor service to its customers in defiance of a proclamation issued by Gov. Jay Inslee.

Superior Court Judge Michelle Adams granted a temporary restraining order prohibiting the Port Orchard restaurant from continuing its dine-in service and set another hearing on Feb. 1 to determine if the temporary order should be extended.

Violation of Wednesday’s order is a gross misdemeanor, punishable by a fine up to $10,000 and/or by imprisonment up to six months, the judge cautioned. Violation may also subject the violator to contempt of court charges.

The state Attorney General’s office sought a temporary restraining order against the Port Orchard restaurant after the establishment ignored a Jan. 5 order by the state Department of Labor and Industries to cease dine-in service. After that order was issued, state investigators reported observing the business continue serving customers indoors.

An order issued during the pandemic by Inslee currently limits restaurants to takeout or outside service and prohibits indoor dining.

Craig Kenady, owner of That One Place, did not return a call for comment on the court action.

However, a post today on the restaurant’s Facebook page read: “Well our hearing went better than expected. The judge did grant the temporary restraining order, but before the actually ruling [sic] we have a week to show L&I, that we are following the open air policy and the case is dropped.”

The attorney general’s petition for the temporary order outlined its concerns with dine-in service.

“By continuing to offer indoor dining, That One Place is endangering the health and safety of its employees … and the general public … This creates an immediate and irreparable probability and risk of serious injury or death,” the petition stated.

“Not complying with the Governor’s proclamations limiting public exposure to the virus, and DOSH [Division of Occupational Safety and Health] safety and health regulations, potentially exposes workers to respiratory droplets that cause COVID-19 infection. This is a hazard that can cause serious injury or death.”

The restaurant has had other run-ins with state officials over COVID-related issues. In December, the state Liquor and Cannabis Board suspended That One Place’s liquor license for reportedly serving patrons inside.