BISMARCK, N.D. (AP) - A Minot assisted living facility is suing North Dakota Gov. Doug Burgum and the state Health Department over an executive order that prohibits the use of an in-house beauty salon for its residents.
Somerset Court LLC said in a lawsuit filed Wednesday the executive order issued last month in response to the coronavirus is “without sufficient justification or rationale.” The North Dakota-owned facility is asking a state judge to stop the state from enforcing the executive order at the nursing home and to award attorney fees.
It’s the first such lawsuit filed against the state related to COVID-19 executive orders. Burgum said at his daily briefing he expects others but wouldn’t comment specifically on any pending litigation.
“We are deeply empathetic but we also understand the rate of where we could have the highest and fastest rate of outbreak that could be fatal would be inside a long-term care facility,” Burgum said.
The state is working “to reopen personal care businesses and protect our elderly and this is at the intersection of that difficult spot,” he said.
Burgum said he would unveil a plan on Friday for “widespread rapid testing” aimed at helping the state move toward reopening businesses.
The North Dakota Department of Health on Thursday said 32 additional people tested positive for COVID-19 since Wednesday, bringing the state total to 709. They also reported one new death, a woman in her 80s from Cass County with underlying medical conditions, bringing the state’s total to 15.
Burgum last month ordered all bars, restaurants, barber shops, beauty salons. health clubs, movie theaters and other large-scale venues to close to patrons at least until April 30, while still allowing offsite food and beverage service.
Shelly Peterson, president of the North Dakota Long Term Care Association, said her group has been asking for an amendment to the order to allow in-house salons at nursing homes since the order was established. She said protocols are in place at all facilities in response to the coronavirus.
“It’s just common sense with all the other personal care we do for residents,” Peterson said. Residents “depend on us. We feed them, clothe them and we change them.”
There are 128 long-term care facilities in North Dakota and “about 70% of them have licensed beauty shops,” she said.
State officials said 13 of 218 long-term care facilities in North Dakota have a confirmed COVID-19 case in a resident or staff member.
Lynn Boughey, an attorney for Somerset Court, said the facility’s beautician was cited by Minot police recently for continuing to work. The contract worker was cited for an infraction that may carry a $1,000 fine, he said.
“We should have never have had to bring this action and we’ve been trying to resolve this for over a month,” Boughey said. “It was clear for us that they only way to get this fixed is to sue.”
Dave Caldwell, Somerset Court’s director, said there are 120 residents and about 80 staff members at the facility. He said there have been no confirmed cases of the coronavirus there.
“I think spirit of the executive order was to keep hair salons closed for the general public,” he said. “This is not different than other activity of daily living that our staff performs here.”
For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.
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