Submitted Photo The salon at Somerset Court sits empty under an executive order closing cosmetology businesses.

A Minot assisted-living center is suing Gov. Doug Burgum and the North Dakota Department of Health over an executive order that has shut down its in-house hair salon, operated exclusively for residents.

Somerset Court filed a complaint Wednesday in South Central District Court in Bismarck that seeks an injunction against enforcing the order. Somerset also seeks a temporary restraining order.

The governor’s office and health department do not comment on pending litigation so had no response Thursday. Somerset Court is represented by Mandan attorney Lynn Boughey.

Burgum signed an executive order March 28 that closed barbershops and hair salons due to the COVID-19 pandemic. Somerset Court and other care facilities, including Trinity Homes in Minot, have urged the health department to make an exception for in-house services that follow sanitation guidelines and are delivered by a provider who serves only facility residents.

In court records, Somerset stated it has had conversations with the health department that have not resolved the issue.

On April 14, Minot Police entered Somerset and issued a ticket to Kari Riggin, Somerset’s cosmetologist, for failing to comply with the governor’s order. The offense is an infraction, punishable with up to a $1,000 fine.

On April 16, the state’s medical health team involved with long-term care facilities again concluded the governor’s order applies to all salons, although it did not address use of salons for non-cosmetology services, such as hair washing and setting. Somerset’s complaint noted the state health team has not sought a modification of the governor’s order to exclude in-house cosmetologists.

Somerset Court argues the executive order:

– unnecessarily prohibits the use of the room designed to safely wash and groom the residents’ hair, at a location where only one resident receives these services at a time and where protocols are followed between service to each resident.

– unnecessarily puts the staff and residents at additional health risk by forcing the staff to provide hair and grooming services in the residents’ rooms.

– unnecessarily prevents Somerset from reasonable and appropriate actions in regard to the operation of its facility.

– unnecessarily limits residents’ abilities to receive essential daily activities of living, and in many cases holding the residents hostage in their rooms because they are not willing to come to meals or participate in activities because they are embarrassed about their looks.

Somerset states many residents, although ambulatory and independent, are unable to wash or set their own hair.

A letter to the health department signed by Dr. Gaurav Bansode, medical director at Trinity Homes, also requested an exception to the order for its beautician services performed wearing gloves and masks. The home employs a certified nursing assistant who is a licensed beautician.

“This is a much missed, and highly requested, service by our residents. Restoration of this service would at least give the residents a part of their ‘normal’ life and dignity back,” the letter stated.

In a letter to the health department, McKenzie County Healthcare Systems, Watford City, sought an exemption, calling the closure of long-term care salons an “unintended consequence” of the executive order. The medical center’s long-term care facility employs a beautician who works only at the facility.

“Having the service for our residents adds no more infection control risk than any other service they receive from CNA’s due to the very unique circumstance in which the ‘salon’ services are offered,” the letter stated. “Please restore this one item which brings dignity and one form of activity which our residents look forward to.” The letter was signed by Dr. Gary Ramage, medical director.

Shortly after issuance of the governor’s order, the North Dakota Long-Term Care Association asked for an amendment. More than 70% of 218 facilities have in-house salons.

“We think we could have an amendment within the order and that this would not have any risk based on our practices within the facilities. I am still hopeful that the governor will amend the order,” Shelly Peterson, association president, said Thursday.

Peterson said the association has heard from many facilities about how disruptive the governor’s order has been. For residents, hair care is more than cosmetic, she said.

“It makes you feel valued. It makes you feel good. It gives you that mental health boost,” she said.