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by David Klemt David Klemt No Comments

Defiance of Sweeping Restaurant and Bar Restrictions is Growing

Defiance of Sweeping Restaurant and Bar Restrictions is Growing

by David Klemt

Defiance of Covid-19-related bar and restaurant restrictions is growing.

Operators across the United States are showing their willingness to refuse to comply with orders they feel are unjust. From being restricted to delivery and takeout only to crippling capacity limits, restaurant and bar owners are making it clear they have no intention to quietly let their employees and businesses suffer.

The pushback has taken various forms so far, from civil disobedience to organized, peaceful protests.

There’s the #OPENSAFE movement in Orange County, California, to which several dozen operators have committed. These business owners have pledged to operate safely and responsibly but have refused to comply with Governor Gavin Newsom’s orders that banned in-person dining.

86 Politicians, a grassroots movement coming out of Los Angeles County in California, was created as a response to the sweeping orders kneecapping the hospitality industry. If politicians are going to hurt rather than help operators and their employees, 86 Politicians supports recalling and removing them from office.

In New York City, the Latino Restaurant Bar and Lounge Association of New York State and New York City Hospitality Alliance organized a peaceful protest just over two weeks ago. Several hundred restaurant and bar owners, operators and workers gathered and marched against Governor Andrew Cuomo’s ban on indoor dining. Gov. Cuomo’s order was itself defiant: it defied logic and went against the state’s own contact-tracing data.

Now, an operator in Minnesota is facing a five-year suspension of her bar and bistro’s liquor license for defying orders. Lisa Hanson, owner of the Interchange Wine and Coffee Bistro in Albert Lea, roughly 90 minutes south of Minneapolis-Saint Paul, refuses to comply with Governor Tim Walz’s executive order banning indoor service. Hanson has been engaged in this fight since at least December of last year.

Hanson organized a protest—a reportedly peaceful one—of around 200 people yesterday. Protestors marched and chanted from city hall to the courthouse, walking past the Interchange at one point.

The bar and bistro, which has been hit with a temporary restraining order and had its license revoked by the Minnesota Department of Health, has a sign up declaring it a “Constitutionally Compliant Business.” That sign, which appeared in a WCCO 4 News clip and bears the logo, phone number and weblink for the Constitutional Law Group, states that the Interchange doesn’t follow any government official or agency’s “orders or suggestions” for face masks or social distancing.

According to a news report, the Minnesota Department of Public Safety is moving forward with a 60-day suspension of the Interchange’s liquor license. Hanson told reporter David Schuman that she had two choices: “Either I closed permanently or I opened fully.”

Hanson chose the latter. The Interchange’s owner is entitled to a court hearing before her suspension goes into effect. A tip jar at the bar and bistro has been transformed into a legal fund collection.

Whether one agrees with Hanson’s decision to make a stand and risk her liquor license and therefore business is somewhat beside the point. The #OPENSAFE and 86 Politicians movements, the protests in New York City, the story of the Interchange (which has yet to reach its conclusion), all point to increasing tensions.

Many restaurant and bar owners and operators don’t feel as though their voices are being heard. They feel like politicians at all levels of government are targeting them, using the businesses as scapegoats. More and more, the words “arbitrary” and “unfair” are coming up in conversations about rules that are crippling—if not outright killing—the hospitality industry.

Well over 100,000 restaurants and bars in the US have closed permanently since the start of the pandemic in March of last year. Unless officials listen to operators and at least gain a cursory understanding of their needs and challenges, more closures and job losses are imminent.

To be clear, we at KRG Hospitality aren’t against logical, common sense health and safety protocols aimed halting the spread of Covid-19. One of the cornerstones of hospitality is ensuring the safety of guests and employees. However, government officials and agencies are implementing and executing orders that are, quite clearly, uninformed and severely harmful. What works for retail and other industries doesn’t work for our industry.

It’s crucial that pressure be kept on Congress and Senate to vote on the RESTAURANTS Act and ensure it’s signed into law. The 117th Congress was sworn in yesterday and we must continue to demand they do their jobs and save our industry. We’ve been targeted as scapegoats—it’s beyond time we receive targeted relief.

Politicians can expect more protests and less faith in their abilities to govern if restaurant and bar owners and professionals continue to be harmed by their orders. Perhaps the only way to persuade them to help the industry and, in turn, keep their constituents employed, is to imperil their political influence and careers. Eighty-six ignorant and harmful politicians, indeed.

Image of Minnesota State Capitol: Bao Chau on Unsplash

by David Klemt David Klemt No Comments

New York City Restaurant Operators Rally Against Governor Cuomo’s Orders

New York Restaurant City Operators Rally Against Gov. Cuomo’s Orders

by David Klemt

Just one day after Governor Andrew Cuomo’s ban on indoor dining went into effect, New York City restaurant operators came together to protest.

Gov. Cuomo announced the ban on Friday, December 11. New Yorkers reportedly flocked to restaurants and bars that weekend for “last suppers.” The ban went into effect Monday, December 14.

New York City’s ban on indoor dining will last at least two weeks. It has been reported that state officials are considering a statewide ban on indoor dining, depending on Covid-19 trends.

Whereas New York City restaurants have been forced to operate at 25-percent capacity since the end of September, New York State restaurants have been operating at a 50-percent capacity limit.

Restaurants are permitted to offer delivery, takeout and outdoor dining. However, a massive nor’easter winter storm is blasting the east coast. Freezing weather is more than likely to keep New York City restaurants’ outdoor dining areas empty.

The Latino Restaurant Bar and Lounge Association of New York State is being credited with organizing Tuesday’s rally. The New York City Hospitality Alliance joined the protest against the indoor dining ban, as did hundreds of other restaurant and bar owners, operators and workers.

Protestors gathered at Times Square before marching from Duffy Square (the northern part of Times Square) to Midtown East where Gov. Cuomo’s office is located.

The order appears to prove the point Joe Rogan makes on the Joe Rogan Experience podcast episode with Richard Rawlings, released this week. During the episode, Rogan says the decisions politicians are making regarding restaurants and bars are arbitrary.

There’s no science, nothing. It’s arbitrary decisions that are made by politicians,” says Rogan. “And that’s the minimum: The outdoor dining thing is the most egregious because you have all these people that spent so much money to try to convert their restaurants and make these outdoor dining [spaces]—spent thousands of dollars that they didn’t even fucking have.”

According to current New York contact tracing data, Gov. Cuomo’s ban isn’t based on science. Their own data regarding Covid-19 shows that restaurants and bars account for just 1.43 percent of infections. In contrast, based on 46,000 Covid-19 cases from September to November, private household gatherings are responsible for 74 percent of exposures.

That data also makes clearer the disparity between restrictions imposed on New York City restaurants compared to the rest of the state. Long Island restaurants, for example, have not been ordered to close their indoor dining areas.

The governor’s statement that “restaurants have adapted and New Yorkers have really adapted” rings rather hollow when, per survey results released by the New York State Restaurant Association and National Restaurant Association, 54 percent of New York restaurants are expected to close within the next six month unless they receive meaningful, targeted relief.

An argument can be made that Gov. Cuomo is, as some New York operators have stated, scapegoating restaurants and bars during the pandemic. When announcing the indoor dining ban, the governor appeared to be following through with a threat rather than acting in the best interest of public safety and New York residents.

“We said that we would watch it, if the stabilization, if the hospital rate didn’t stabilize, we would close indoor dining,” he said. “It is now. We’re gonna close indoor dining in the city on Monday.”

The numbers simply don’t support that decision.

Yesterday, New York operators asked Gov. Cuomo to repeal the ban. At the time of publication, that request has been ignored.

The protestors also called for the governor to help the industry rather than hobble it, along with demanding the RESTAURANTS Act finally be voted into law at the federal level.

Every day that passes without the RESTAURANTS Act also passing thrusts the industry further into peril. More restaurants and bars close permanently each day while Congress prepares to leave for the remainder of 2020. If Congress fails to act before leaving, the industry will be without relief through at least February.

Cities across the country imposing crippling capacity limits and dining restrictions should prepare for future protests organized by restaurant and bar owners, operators, workers and supporters.

State representatives can be contacted about the RESTAURANTS Act via this link from the National Restaurant Association.

Image: Anthony Rosset on Unsplash

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