Two Calhan eateries reopened Wednesday – despite Colorado Gov. Jared Polis’ order for restaurants to remain closed to dine-in service until further notice – in a move their owner says is to defend constitutional rights and the businesses’ solvency.

Karen’s Kafe opened at 7 a.m., and Stephanie’s Bar and Grill opened at 11 a.m., said Karen Starr, who owns both businesses.

El Paso County Public Health issued a statement saying the restaurants were contacted via phone and “provided education regarding the public health order stating they cannot offer in-person dining.” 

“Violation of public health orders is a criminal offense and could also affect retail food establishment licensing,” a Public Health spokeswoman said. “That said, please know that El Paso County Public Health … has a history of robust collaboration with our retail food partners, and we are committed to continuing to work together to find position solutions.”

The health department declined to ellaborate on what further action against the restaurant might look like.

However, if the restaurants do not cease offering in-house dining, consequences could include up to a year in jail or a “big fine,” Karen’s Kafe manager Cheyenne Reed said she was told by the health department.

The health department did not specify the amount of the potential fine, she said.

“They said if we don’t, further action may be taken, and we’re not shutting down,” Reed said.

The two restaurants had planned to reopen for socially distanced dine-in service Wednesday in conjunction with Western Omelette 3, but that Calhan restaurant changed course after receiving a call Wednesday morning from El Paso County Public Health.

“We don’t want no hassle,” said Western Omelette 3 owner Bill Borders, who said he would continue to offer carryout and delivery, as is currently allowed by the state.

The pandemic has hurt his business “drastically,” said Borders, who also has Western Omelette locations in Colorado Springs and Fountain, though the Springs location has been completely shut down since late March. “But it is what it is,” he added. They say we can’t reopen, we can’t reopen.”

For Starr, the pandemic has meant a 90% reduction in business, with carryout and delivery the only revenue still coming in. Seven of the eight people in her household work for her and have been doing so for free since the state shuttered restaurants in March, she said.

Among the heaviest losses: the cancellation of a $600 party on St. Patrick’s Day, a large party of motorcycle riders planning to stop by on Memorial Day, and birthday parties and reunions.

“We are not doing this to be lawbreakers,” said Starr.

Starr, a veteran, said she “signed on the dotted line to uphold our constitutional rights, and we’ve allowed those rights to be violated long enough.”

“The Constitution says we have a right to assemble. We’re not saying that people who are sick need to come out. We’re not saying we don’t care about life, because we do. But people should have the choice.”

Starr’s restaurants will operate with guests being seated at every other table, maintaining a distance of 6 feet or more, and will use paper goods and single-use condiments, “all the way down to salt and pepper packets,” she said.

“We’re in a small community where the community wants to be able to come in and sit down and see how we are, see how they are,” she said. “Nobody is paying our bills.”

As to whether she was afraid that she would contract coronavirus or that her businesses would be shut down by county health: “I don’t believe in living in fear.”

“I’m sure the health department is going to come out, and they’ll probably close me down,” she said. “But at least the community, which is our family, will know we were trying to stand up for what is right and give people the choice.”