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Some bar owners in Biloxi weren’t following the governor’s executive order to stop selling alcohol after 11 p.m., so Mayor Andrew “FoFo” Gilich added his own order this week.

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Gov. Tate Reeves’ July 24 order directed bars to stop selling alcohol from 11 p.m. to 7 a.m. to help stop the spread of the coronavirus.

Since then in Biloxi, “There was just a lot of blatant disregard for the governor’s order,” Police Chief John Miller said.

Some restaurants and bars continued to serve alcohol after 11 p.m., “under the ruse of pre-sold drink tickets or wrist bracelets,” Gilich said.

The more explicit language in the mayor’s order that went into effect Wednesday says restaurants and bars “shall not sell, serve or distribute alcohol (including beer and wine)“ from 11 p.m. to 7 a.m.

Neither of the executive orders directly addresses Biloxi casinos and their restaurants.

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What about the casinos?

Inside the eight casinos in Biloxi and across the state, “The bars and restaurants abide by the same executive order that the governor put out,” said Allen Godfrey, executive director of the Mississippi Gaming Commission. They are directed to stop selling alcohol at 11 p.m. and follow the other regulations imposed on bars and restaurants in Mississippi.

“The casino floor is not a bar or restaurant,” he said.

That doesn’t necessarily mean casino customers can drink all night if they are playing the slots or table games.

Palace Casino, for instance, closes every night from 3-8 a.m. for cleaning and sanitizing.

Patrons protest

A couple dozen protesters were out on Howard Avenue Wednesday night holding signs against the executive orders for the early closing and the casinos being allowed to serve alcohol beyond 11 p.m..

The protesters were rallied by a #DrunkLateNightsMatter post on social media.

“That’s how we found out,” Miller said. Biloxi police monitored the protest, he said, and at peak there were about 30 people.

Miller said they told the organizers that while they absolutely have the right to protest, “there’s a whole lot of difference between that and a party,” he said.

Vanessa Aucoin, a bartender at Skal Axe Throwing in downtown Biloxi, organized the rally.

“We’re a 24-hour town, so a lot of our local bars and restaurants are open late night so it pretty much wipes out the entire graveyard staff across Biloxi,” she said.

Daniel McNatt, owner of Skal Axe Throwing, said the coronavirus rules and guidelines for bars are “arbitrary” and are “clearly designed to allow the casinos to operate but not other establishments.”

McNatt said his business has lost tens of thousands of guidelines over the course of the pandemic and the new order to close the bar portion of his business early won’t help.

“I think it was a slap in the face to all of our mom and pop shops and local businesses to say we’re not important enough to stay open, but the casinos are,” Aucoin, who works the late-night shift at Skal, said.

On the Coast and in many areas of the state, the highest number of new cases of COVID-19 are among those age 18-29.

“We’ve seen a tremendous amount of spread in young people,” Reeves said when he announced the executive order. “By far, the group driving these high numbers is people in their 20s. I’ve been talking for about a week about wanting to do something to curb the spread among young, drunk, careless folks.”

Enforcing the rules

The minimum fine is $500 for businesses that continue to ignore the 11 p.m. last call under the mayor’s order. Biloxi also will notify the State ABC Board, which controls liquor licenses, of the violation.

Miller said his department gets reports of people not wearing masks and of businesses not following the state guidelines for social distancing and alcohol sales. Whether police respond depends on the circumstances, he said.

People who refuse to wear masks and refuse to leave a business can be charged with trespass, Miller said.

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“There’s really not a mechanism to arrest them for not wearing a mask,” he said.

When police get calls about too many people gathered or late night alcohol sales, he said, “It’s enforced not so much on the individuals but on the business.”

The fire department will respond when the occupancy limits are exceeded, he said, and the Community Development Department and will issue a citation, he said.

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Bars and restaurants are limited to 50% capacity and must maintain 6 feet of social distance between groups of no more than 6 at a table. Alcohol can only be served to people who are seated.

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Sun Herald visual journalist Alyssa Newton contributed to this report.

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