Mac’D owner said his restaurant was dinged due to ‘profiling’
The Clatsop County Public Health Department gave its lowest semi-annual restaurant inspection score of the year to a local business.
Located on Commercial Street, the Mac’D & More Old Astoria Pizza opened in March 2024. It’s widely known for serving America’s favorite comfort foods: macaroni and cheese and pizza.
Like all restaurants, Mac’D undergoes semi-annual health inspections by the county. After an inspection, all facilities receive a score. Mac’D scored a 25 in May.
Angelina’s Pizzeria and Cafe, a restaurant in Seaside, received a perfect score of 100 during its semi-annual inspection on July 22. Fultano’s Pizza in Astoria also received a perfect score on June 3.
Scores and grades
Violations: Restaurant scores are based on a 100-point scale. Violations fall into one to three categories: priority violations deduct five points; priority foundation violations deduct three points; and core violations, such as equipment maintenance, unclean non-food contact surfaces or jewelry or hair restraint violations, deduct 0 points.
Priority violations are the most severe with a direct connection to preventing foodborne illness, and they must be corrected.
Scoring: A restaurant’s score either results from a “complied” status or a “failure to comply” status. Scores of 70 or higher are considered compliant. Restaurants scoring below 70 must be reinspected within 30 days or face closure.
Closure: A restaurant can close for one of four reasons: an uncorrected priority violation exists that presents an imminent hazard to the public; a “complete” inspection score below 70 after a failure to comply; failure to implement alternative procedures as required; and failure to correct priority and priority foundation violations within the designated time limit. When a facility is required to close, reinspections are conducted as often as necessary.
A series of reinspections
Andrew Davis is one of two environmental health specialists in the county. Registered environmental health specialists, or health inspectors, are required to have a bachelor’s degree related to environmental sciences and work for two years as a trainee. Health inspectors are also required to review their licenses annually and continue education about the job.
According to Davis, who has been in the business for three years, food safety and collaboration is paramount in his work.
“For a facility that (requires) closure, I’ll do my best — if there’s something they can do that night or that day, and I can come back later on or come back tomorrow morning. (I’ll) try to open my schedule up to work with them on that because I understand that is their business … I’m not trying to penalize people. I’m just trying to keep the public safe.”
On Wednesday, May 14, Davis conducted the health department’s semi-annual inspection of Mac’D.
The restaurant received a score of 25, resulting in a failure to comply status and temporary closure.
According to records that are publicly displayed online at inspections.myhealthdepartment.com, the county cited Mac’D for 13 priority violations relating to improper hand washing, glove use and food protection, uncleaned surfaces, inadequate chlorine sanitizer concentration and more.
“VARIOUS REFRIGERATED UNITS AND FOOD CONTAINERS HAVE ACCUMULATIONS OF MOLD GROWTH ON AND AROUND FOOD,” the records said in all caps. Some of the instructions and details in the report stressed the importance of corrective actions by posting the comments in all caps or using asterisks.
While the priority violations are directly linked to foodborne illness, the inspector also found several instances of improper handling of food. Some of these instances included the failure to protect food from cross-contamination, the failure to keep food at adequate temperatures, and the failure to mark food with dates.
“A CONTAINER OF RAW CHICKEN IS STORED ON TOP OF AND ABOVE CONTAINERS OF SAUCE AND BRUSSELS SPROUTS,” the records said.
Randy McBoul, owner of Mac’D and former owner of McBani, a restaurant in Seaside, described the 25-point score as “uncalled for” and “wrong.”
“There is nothing that is a major violation,” McBoul said. “Fridges were up to temperature, food safety was up to temperature, (and) everything (was) up to the standard.”
While McBoul said he did not expect the restaurant to receive a perfect score, he never thought the restaurant would fail its inspection.
“Failing and closure never have been in my past 25 years in restaurant service,” McBoul said.
The first inspection led to a series of re-inspections over the course of two and a half months: one on Thursday, May 15; another on Friday, May 16; then on Tuesday, May 20; and its final “complete” inspection on Thursday, July 31.
The Astorian found that throughout numerous inspections, Mac’D was repeatedly cited for the same priority violations as in the initial inspection — meaning that they were not corrected after May 14.
There were also more repeated instances of improper contact with food and unsanitized surfaces and improper hand washing from employees.
“CORRECT IMMEDIATELY,” the records said. “Food shall only contact surfaces of equipment and utensils that are cleaned and sanitized.”
According to McBoul, the restaurant made sure to correct prior violations before each re-inspection, but Davis was not pleased with the effort.
“He (Davis) came in one afternoon (and) found a few things that (needed) attention,” McBoul said. “The next day, he came in (and) it was corrected, and he was not happy with the correction even though his assistant nodded her head that everything (looked) fine.”
During the back-to-back reinspections, the restaurant was temporarily closed. Mac’D reopened after passing its third re-inspection on May 20, McBoul said.
Restaurant manager Tina Houser said the temporary closure made her feel impaled.
Both McBoul and Houser recalled instances of alleged misbehavior from Davis — they said that Davis allegedly stormed out of the restaurant during one inspection because he saw a “shade” or watermark on glass silverware. His behavior was what ultimately set Mac’D behind and its continuous reinspections, restaurant management said.
“How could we stop business when he (Davis) isn’t attending to his own business? He wasn’t doing it properly,” Houser said. “Instead of losing his temper, (he should’ve) talked professionally, and it could’ve been resolved that day. Instead, he said, ‘I’ll see you next weekend or next Monday,’ so that shut us down for the weekend.”
As a result of Davis’ behavior, McBoul said he felt profiled and targeted.
“Demeanor wise. His looks. The way he was talking (in a condescending way), I can tell,” McBoul said. “I’ve been around people, what they call racist, (and) he (Davis) does fit the profile, and he treated me as such … He’s definitely a racist.”
McBoul said he expressed his concerns about Davis to the health department.
“Davis’ supervisor is aware of his behavior,” McBoul said.
According to Jennifer Benoit, interim public affairs officer for the county, health inspectors “consistently apply the same health and food safety standards at every establishment.”
Nearly a month and a half later, on Thursday, July 31, the county conducted the restaurant’s “complete” inspection, in which Mac’D scored an 81, a passing score. Complete inspections are automatically scheduled to be conducted within 30-45 days of when a restaurant receives a failure to comply status.
According to restaurant management, the final inspection was performed by the county’s other environmental health specialist, Meredith Reiley.
While McBoul said he agrees with some of the violations the restaurant received, such as one relating to the inadequate chlorine sanitizer concentration, the restaurant is not unsafe.
“Absolutely, the place is safe,” McBoul said.
Houser agreed.
“We would never allow unsafe food,” Houser said.
Following the inspections, restaurant management said that they will not change their process.
“Everything stays safe. There (are) no changes. We never violated rules to compromise any public health safety. The safety was there to begin with,” McBoul said. “We cannot emphasize enough … .” McBoul said the restaurant should never have shut down “just because (of) a vindictive individual.”
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