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Guilty verdict for Rise 'n Shine owner draws mixed reaction from community


Rise 'n Shine Café in Asheville on July 23, 2021. The cafe and its owner, Kathleen Grace, were found guilty Friday, July 23, 2021, of violating state and local pandemic orders last May. (Photo credit: WLOS Staff)
Rise 'n Shine Café in Asheville on July 23, 2021. The cafe and its owner, Kathleen Grace, were found guilty Friday, July 23, 2021, of violating state and local pandemic orders last May. (Photo credit: WLOS Staff)
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Rise 'n Shine Café and its owner, Kathleen Grace, were found guilty Friday, July 23, 2021, of violating state and local pandemic orders last May.

A Buncombe County judge issued the judgment Friday morning.

Asheville Police said the café is the only business in Asheville that received such charges.

The café and Grace were each found guilty on 8 misdemeanor charges.

RISE 'N SHINE CAFÉ OWNER FOUND GUILTY OF 2020 STAY AT HOME ORDER VIOLATIONS

The judge said Grace intentionally broke the law in May 2020 by opening for a dine-in option when it wasn’t allowed, per COVID-19 restrictions in place at the time.

People had mixed reactions on Friday.

“I think it’s a friendly place to eat in Asheville,” said Tamara Carless.

Carless said she didn’t believe the café should be chastised just for being open.

The Guara family, who was also at the shopping center on Friday where Rise 'n Shine is located, said the guilty verdict changes the way they look at the restaurant.

ASHEVILLE CAFÉ OWNER CITED FOR VIOLATING 2020 STAY AT HOME ORDER APPEARS IN COURT

“If they violated the order then I wouldn’t eat there during the violation and probably not afterwards, either," said Anna Guara.

Grace was found guilty for opening her café for four consecutive days last May, staying open even after being cited by Asheville Police.

Grace’s defense argued it was her constitutional right to be open.

The judge ultimately ruled against that.

News 13 found that Rise 'n Shine Café took more than $118,000 in COVID relief funds.

The Guaras said the issue of opening goes beyond the café when it comes to health and safety.

“I think the community is the most important,” said Guara.

The judge said Grace must serve 12 months of unsupervised probation, she must pay for all court costs, and she must pay a $1,000 fine on top of the $1,000 fine handed to the business.

Grace’s attorney denied comment to News 13 on Friday.

The defense is appealing the case.

Jane Anderson, the executive director for the Asheville Independent Restaurant Association, told News 13 she’s glad this case was taken seriously and that justice was served in the case.

Rise 'n Shine Café is not a part of the association.

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