The Observation Deck

Mark Kindt wrote:

Mark Kindt wrote:Potential Mask Order In Lakewood

https://www.cleveland.com/community/202 ... roval.html

Reviewing city council agendas and minutes posted on the City's web page, I did not find any information about the matter to be heard this coming Monday (July 20th) relating to a proposed mask resolution/ordinance.

Mark

Stay tuned, this was not the gist of the conversation, and perhaps they got ahead of the horse again.

Don't you remember how sharp they were while our hospital was stolen.

That was with reporters and a budget. Now?

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Slow and steady does not win this particular race. It's time for fast and decisive, then we'll fix it later if mistaken.

Previously in this thread, Jim mentioned some fines. I think anyone in an enforcement capacity should carry basic lightweight, single-use "surgical" masks to offer those not wearing one. If they refuse, hit them with a heavy fine. They can explain any supposed medical conditions to the judge. They won"t have to do it for long before people get the message, but in the meantime people do forget. I do when I go out to walk three dogs but I'd be glad to take a mask from somebody.

Bar owners and restaurateurs have liquor licenses I'm sure they don't want to lose. Other small shops can be dealt with one at a time with a threat of fines.

My only other comment is "Bees".

So now we have a statewide mask mandate, and the local mask and distancing effort has been sent to committee.
But the question remains, how will any of these plans be enforced? How can we achieve compliance?

Dan Alaimo wrote:So now we have a statewide mask mandate, and the local mask and distancing effort has been sent to committee.
But the question remains, how will any of these plans be enforced? How can we achieve compliance?

Mr. Alaimo, here is my take. I'm sure you already know most of what I think.

Since the first State order on March 9th, most compliance has been largely voluntary.

Voluntary compliance will remain the primary method of enforcement.

Why? Because those within vulnerable categories will use their best judgment to follow guidance that will protect their health. I know I have to do this.

I have absolutely no information about conditions in Lakewood. However, the 2018 healthcare analytics study that the City conducted confirms to me that Lakewood has a population with many vulnerable categories of residents -- the uninsured, the elderly, the disabled, etc.

We have to rely upon our local public officials and public safety forces to develop an effective strategy to enact or enforce laws, rules, procedures designed to mitigate Covid-19 contagion.

They have the facts on the ground. I do not. Since April, I have been doing my best to convince them that Covid-19 is a serious risk in this community.

I have no way to measure whether or not those efforts have been successful.

I do know that the bar/nightclub business should be temporarily suspended to mitigate the spread of Covid-19. That is obvious to most of us.

We are now 5 months into this and I am not sure that our local public officials and safety forces are committed enough to mitigation/protection to meaningfully benefit us.

Aside from courtesy "drop-bys" to bars/nightclubs, there needs to be a stronger effort to prevent large gatherings every night at our bars or at other similar venues.

How did bar owners become our public policy guides on healthcare?

Enforcement Strategies

The City of Lakewood has plenty of lawyers at its disposal and on City Council.

And, they both know that the City has specifically identified vulnerable communities.

Writs of Mandamus

1. Seek a Writ of Mandamus against the Ohio Department of Liquor Control to order it to cite each bar/nightclub in Lakewood identified by the Cuyahoga County Board of Health.

2. Seek a Writ of Mandamus against the Cuyahoga County Board of Health to order it to issue citations and take all other actions within its statutory power against each bar/nightclub in Lakewood that it has identified as likely to be in violation.

Temporary Restraining Orders

The City of Lakewood can issue an enforcement letter to each establishment that it believes to be in violation advising that business that the City will start legal proceedings to seek its closure by a temporary restraining order (TRO) under public nuisance laws.

Municipalities and counties have existing laws and enforcement powers in the areas of public health and safety at their disposal, both civil and criminal.

They should be used to protect Lakewood's most vulnerable communities. Now.

To quote, Mr. Alaimo: "Not invented here."

Lakewood is full of lawyers. It's also full of doctors. The expertise is here. It should be called upon.

That's the bars, and of slightly less concern, the restaurants.

But how to deal with individuals in the bars and elsewhere who are not wearing masks? As frequent viewers of Facebook have seen, this can quickly lead to a version of road-rage - "I feel threatened." "This is my right." "My doctor told me not to wear a mask." "You're on video live now and the world is watching." No wonder there's a reluctance to enforce face mask mandates. I was a bit surprised when my 10 year old grandson told me tonight that he didn't want to wear masks - even Star Wars or pro sports teams - for reasons I could only interpret as they have already become socially "uncool" for elementary school kids, even without the schools.

It's beginning to dawn on me that until and unless the bodies start piling up, this is going to be a difficult marketing job, But we don't have much choice but to keep at it. We can take some encouragement from the mid-20th Century marketing of cigarettes. They weren't selling tobacco, they were selling "cool" to teenagers, and were unfortunately effective. The same can be achieved for far nobler purposes with face masks. Where to start? Well, Mr. O'Bryan, wouldn't you agree that the most powerful words in the English language are "FREE T-SHIRT." Anything free has to worth picking up and wearing, though.

Ideally at this point there should be an national initiative, or at least someone setting a good example, from top of the country, but we'll work with what we have. Part of what we have comes from other states, and again I'm going to reference Gov. Cuomo in New York. After finding a far higher Covid=19 incidence among 19 to 30 year olds in the last two weeks, the state came out with the following PSA. (If not queued properly it's at 18:00.) "This is not the time to fight for your right to party," Cuomo said. At another time he said he would defend their right to party. "But let's be smart about it."


Something we could do here in Lakewood is a partially coordinated effort to spread the word on social media. It could include videos like the one above, or others, or anything else that would part of a sustained effort to get the word out.

the masks make it easier to smile maniacally without drawing attention to myself.
it is good practice!

I'd like to bring a suggestion to the top that I made awhile ago.

For enforcing the mask law on an individual bsisis, the enforcer, whether a police officer or a deputy, should always offer people a mask. If they don't accept it an put it on, or take it off again quickly, they should be cited and fined.

Basic surgical masks are not expensive and the City should be able to get a sponsor to underwrite a bulk puchase. It definitely could find a graphic designer to make them more desirable.

My suggestion is based on personal experience. When I walk my three large dogs, I have to wrangle them, leash them, gather some large plastic bags, and in cold weather put on coats. I often forget a mask and would welcome one if someone offered along the walk.

Well WalMart has backed off their mandatory mask wearing in their stores.

It seems their employees are tired of getting threatened and yelled at by customers.

Once again science gives in to ignorant threats.

Nice work USA.

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Couple wears swastika emblazoned masks in Walmart.

https://www.google.com/amp/s/amp.kstp.c ... 07600.html


The people of Walmart.

Mark Kindt wrote:Enforcement Strategies

The City of Lakewood has plenty of lawyers at its disposal and on City Council.

And, they both know that the City has specifically identified vulnerable communities.

Writs of Mandamus

1. Seek a Writ of Mandamus against the Ohio Department of Liquor Control to order it to cite each bar/nightclub in Lakewood identified by the Cuyahoga County Board of Health.

2. Seek a Writ of Mandamus against the Cuyahoga County Board of Health to order it to issue citations and take all other actions within its statutory power against each bar/nightclub in Lakewood that it has identified as likely to be in violation.

Temporary Restraining Orders

The City of Lakewood can issue an enforcement letter to each establishment that it believes to be in violation advising that business that the City will start legal proceedings to seek its closure by a temporary restraining order (TRO) under public nuisance laws.

Municipalities and counties have existing laws and enforcement powers in the areas of public health and safety at their disposal, both civil and criminal.

They should be used to protect Lakewood's most vulnerable communities. Now.

To quote, Mr. Alaimo: "Not invented here."

Lakewood is full of lawyers. It's also full of doctors. The expertise is here. It should be called upon.

Please ignore the above post. The governor issued his state of emergency order on March 9th.

Since that time I have not been able to identify a meaningful local enforcement strategy related to the risk of Covid-19 contagion or mitigation other than voluntary compliance.

Mayor of Columbus -- "Our Situation Is Dire"

Columbus City Council Votes To Close Bars/Restaurants at 10pm.

https://www.dispatch.com/news/20200727/ ... n-learning

I've been preoccupied so far this week. Any word from the Mayor/Council on a Covid-19 ordinance, or at least a policy? Tick-tock, tick-tock.