Apple challenges health complaints

Two health complaints made against Spokane City Councilman Bob Apple’s Hillyard restaurant have put the county health board in a bind.

Apple also serves on the Spokane Regional District Board of Health. That means he is essentially a boss of the health district’s top official, Dr. Kim Thorburn.

Apple is challenging one of the complaints made against his restaurant, the Comet. Appeals usually go before Thorburn – but not this one.

Thorburn has arranged for Dr. Larry Jecha, the top officer for Benton-Franklin Health District in the Tri-Cities to handle the appeal.

On Thursday the board supported that move, and should Apple appeal Jecha’s decision the board will see if the Benton-Franklin health board will be willing to handle that appeal. Otherwise it’s likely the matter will end up in court.

Apple called the system of health officials who inspect restaurants heavy-handed, inflexible and part of a government structure that’s broken.

“It’s their way or no way. There’s no choice,” Apple said in an interview Thursday after a Spokane City Council briefing.

Apple said he wasn’t aware his appeal was on the agenda, but he knew something was going on when health officials showed up at his restaurant Wednesday to take photos and make measurements.

“They were gathering evidence for their case,” Apple said.

Until Thursday, Apple knew of only one complaint against the Comet, located at Market and Queen in Hillyard.

According to health district attorney Michelle Wolkey, who briefed the board on the situation, calls were twice made to the health district to allege that diners became ill after eating at the Comet in February and then again in March this year. A site investigation was done and the matter focused on the multiple use of sinks. District officials would not give more detailed information on the complaint without a written request, which would take several days to comply with.

Apple addressed some issues, said health district spokeswoman Julie Graham. However, Apple chose to appeal a county order regarding a sink.

Apple said he was told to add a sink to his restaurant specifically for hand-washing, which he refused.

“I already have 10 sinks,” Apple said. “They want me to add one more.”

He said he was told by county officials where exactly to place a new sink designed only for hand washing. Apple said he believes the sink location would be wrong. He said he tried to work with county officials.

Apple said he tried speaking with Thorburn but that didn’t help the situation.

“After that no one on her staff would speak to me,” Apple said.

Since then Apple said he sent the health district a letter that said they are operating a broken system.

“I have never gotten a response from her,” Apple said. “To me (the whole situation) is unbelievable.”

Apple said he believes the initial complaint came from an out-of-state man who has a history of making false health-violation complaints. He’s a relative of a regular who claimed he became sick after eating french fries, Apple said.

Apple said that his restaurant receives potatoes from a local restaurant supplier and that they are cut up unwashed, deep-fried at 375 degrees and served immediately. Should there be any contaminants on the potato, heat would kill the germs, Apple said. He’s operated that way for 12 years.

Apple said he’s never been told who made allegations against his restaurant.

“It’s our policy that we do not provide the names of people who make a complaint,” Graham said. “Our concern was we investigate every complaint and we judge complaints on the merits we get there.”

Thorburn said in the meeting that a ruling on Apple’s appeal would be coming soon.