Sad to hear.... I had kicked around doing something similar to this with small batch craft BBQ for several years.... This ruling confirms my suspicions about trying it.
From the NewsOK comments:
"If the regulations are so unclear that it requires a very strained interpretation to reach this result, maybe it's time for the OK Dept if Health to re-visit their regulations instead of trying to expand them beyond what they explicitly cover by their textual terms."
We need to raise the funds for court/transcript fees, etc., but we intend to appeal this to the District Court on the grounds of the unconstitutionality of the selective enforcement of regulations via an administrative body, as it has now been clearly shown with this adverse ruling; again, they aren't going after anyone else.
This all brings me to my next point: never start your own business, let alone have novel concepts of what you can and cannot do when there are no such rules or restrictions for such. Be a cog in the machine; it's cheaper that way, and it's right where they want you to be.
Wow - the people running our great state show their incompetence and heavy-handedness yet again. Stay with it Nani, we really want to come by sometime!
One question I do have is from a prior article on this published in the Jokelahoman in March. I quote: "Tony Sellars, spokesman for the state Health Department, admits there are no laws in Oklahoma regulating private chefs, but he said what Nani is doing simply is not legal.
“There must be a complete separation between the food service activities and the residential activities,” he said. “You could live in the back of whatever it is, but there has to be a clear separation where there’s not people coming in and out, sitting on the couch watching TV or whatever.”
I don't get that part. If Nani are private chefs and explicitly say as such when communicating with their clients, then why the need for the "separation"? Can't private chefs cook for their clients wherever either party wish?
Hey, you're on to something!
We've brought up facts related to that repeatedly, and still nothing. In the ruling from the judge he even mentions that the OSDH has no definitions of public/private, and still it continues.
Also, thanks for your support! That's awesome.
. . . what a crock. . .and I don't mean "butter".
"Tony Sellars, spokesman for the Health Department, said there are no plans to investigate other private chefs in Oklahoma City. He said that would only happen if a complaint against one is filed with his department.
He said the state does not plan to create any new regulations.
"There is no rulemaking in the works at this time concerning private chefs," he said in an emailed response."
Unreal.
So were there complaints filed against Nani? I wonder what got the health department excited about you guys in the first place. Something quite nefarious going on here I would suspect.
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