AKRON, Ohio — A state commission, created to resolve disputes between businesses and health departments, determined Gabe's, 1890 West Market Street, could remain after ruling its status as an essential business, according to News 5 media partner at Ohio.com.
Originally, Summit County Public Health ordered it to close as it was determined by them to be nonessential, but the store argued it sells essential goods to consumers during the pandemic.
Gabe’s, who is represented by Benesch, Friedlander, Coplan and Aronoff LLP, highlighted that the retailer sells essential and life-sustaining grocery and non-grocery products, according to a letter addressed to Tonia Buford, of Summit County Public Health.
The state commission determined it could be considered as an essential business as long as its primary line of business is limited to the sales of essential products. If the sale of nonessential products becomes more than incidental it would lose its status as an essential business.s