‘I’m barely surviving,’ says Hamilton barbershop owner charged over COVID rules

Arnald Singh's barbershop is hanging by a thread after nine months of pandemic.

I'm here every day and sometimes no one comes to the shop because they read the news and see the (COVID) numbers," he says. I'm barely surviving right now."

With all he's built already hanging in the balance, Singh's barbershop now stands accused of flouting COVID rules. Empire Hair Palace at 454 King St. E. is one of four named businesses charged so far in December under the Reopening Ontario Act.

I was taken aback," he said. I always follow the rules. I have everything in place."

The barbershop is accused of failing to ask clients to wear a mask on Dec. 1.

The other three businesses are alleged to have had too many people inside. Although, the city would not say how many were in popular restaurant La Luna at 650 Concession St. on Dec 5, indoor sports facility the Dream Centre at 70 Innovation Dr. in Waterdown on Dec. 3 and Ancaster restaurant Stacked Pancake and Breakfast House at 73 Wilson St. on Dec. 5. Restaurants and sports facilities in the red zone are limited to 10 people indoors.

The information you are requesting makes up part of the evidence so we are not able disclose it," city spokesperson Michelle Williams said in a statement.

La Luna and Empire Hair Palace were charged after proactive visits from bylaw officers while the Dream Centre and the pancake house were in response to complaints.

Their names are listed on the city's enforcement website but missing are those charged by a provincial team made up of officers from a number of ministries that was in Hamilton during the first week of December visiting 550 businesses.

There was a major blitz of enforcement," Paul Johnson, director of the city's Emergency Operations Centre, said in a city briefing Monday. A number of charges were laid,"

Johnson noted the charges aren't listed on the city's website because it was handled by the provincial team.

The whole idea here is to make sure that people are aware of the regulations and requirements, and that they are following them," said Johnson. It is disappointing whenever we see charges laid because it's people not following the rules."

Singh argues he was following the rules on a snowy night near closing time when a bylaw officer came in and accused him of allowing a client into the barbershop without a mask.

If they don't want to wear it, I don't let them in," said Singh. I have been doing that."

If a client claims a medical exemption he says he asks to see proof, which is going beyond what is required.

By the city bylaw, I can't force anybody to wear a mask," Singh said about those who claim exemptions.

However, he said a medical exemption wasn't even the issue that night. Singh says four people were in the barbershop and all had masks except for his employee, who has a medical exemption. She has a note from her doctor to show it's legitimate and Singh says the bylaw officer didn't take issue with that.

He says the officer claimed a customer wasn't wearing a mask. But Singh says the man was wearing a black mask. The man left when the bylaw officer arrived, so Singh had no way to prove it.

The city official said he sat for an hour outside the shop in the snowstorm and watched," said Singh. Why would a city official sit in front of my business for an hour and watch me?"

Singh said he pleaded with the bylaw officer to give him a warning instead of the $500 fine considering it's the first alleged slip for his business during the pandemic.

We're not making any money and now you're going to give me a fine at Christmas," said Singh. I have to pay all my bills still. The bills didn't go away for the businesses."

He's got a lot riding on the barbershop's success because he sends money back to Guyana in South America where his three children - age 17, 16 and 12 - live. His oldest daughter is at the University of Guyana studying computer science.

That's why I work Sunday to Sunday," he said. To give them a better life."

He worries business will only get worse now that the barbershop is listed publicly on the city's enforcement website alleging he's a scofflaw.

It's bad for my business," he said.

Singh says a sign on the window makes it clear masks must be worn, the shop is set up for physical distancing, there's a cleaning spray for the chairs, hand sanitizer at the stations and masks for those who don't bring their own.

I understand there's rules and protocol to follow," said Singh.

What he's finding hard is keeping a log of everyone who comes into the barbershop.

I have a book but no one wants to give me their correct name and phone number," he said. It's the only thing I have a problem with. It's hard to keep trace of people."

Singh says the COVID charge is the first time in four years his business has ever been in trouble.

I always pay my city fees and everything is up to date."

Despite feeling the fine was unjustified, Singh says the bylaw officer was just doing his job." He hasn't decided yet if he'll fight the charge.

I'm one of the smallest businesses in this city," he said. I just try to run my business the best I can. I'm trying to survive."

Joanna Frketich is a Hamilton-based reporter covering health for The Spectator. Reach her via email: jfrketich@thespec.com