The Observation Deck

Lakewood Declared "Safe" Two Weeks In A Row

Again, I quote from the Sun News:

"We want to do everything we can to make sure that people know that Lakewood is a place where it is going to be SAFE to enjoy our restaurants and other amenities."

[emphasis on "safe" added]

Folks, the only reason I take the time to write here was that I got tired of routinely being lied to by endorsed Democratic officeholders in Lakewood.

Here we go again!

Source: Sun News (Sun Post-Herald), Thursday, May 28, 2020, page 1, "City Council OKs additional patio seating."

Other Voices Today

Josh Michaud, Associate Director of Global Health Policy at the Kaiser Family Foundation stated:

"Despite the terrible losses seen and the many difficulties Americans have faced to date in this pandemic, we're still probably only in the early stages."

"In the U.S. we could be looking at a long pandemic summer with a slow burn of cases and deaths. There's also reason to be concerned about a new wave of infections in fall".

Source: "The Plain Dealer", May 28, 2020, page A4, "100K deaths in U.S. a grim milestone"

Attention: Lakewood City Council

Please explain if you can, which residents or visitors to Lakewood are "Safe" from Covid-19.

Mr. Kindt--I am sympathetic to your reactions. Based on my amateur and non scientific (but nevertheless MY IMPRESSIONS) I think we are still in the Wild West in terms of how we react and act in our daily lives in regard to this pandemic. There is too much governmental conflating economic impulses with non supporting facts that I think that for the immediate future WASH YOUR F****** HANDS.

This Brings Me Around Full Circle

In January 2015, the publisher of the Lakewood Observer mentioned to me that there would be a press conference at City Hall on Lakewood Hospital. I attended that press conference and heard public statements about how much was going to be invested in Lakewood after the hospital closed ($120,000,000). Subsequently, I along with others met with several city council members. Thereafter, we soon learned that the investment numbers were "bogus" and that the closure of Lakewood Hospital would ultimately be the single biggest fiasco in the history of Lakewood.

Here is a link to that first Deck essay where I explained that local elected officials face legal and regulatory limits on materially false and/or misleading statements.

Civic Accountability and Honesty In Local Government I

http://lakewoodobserver.com/forum/viewtopic.php?t=23643

As citizens, residents and taxpayers, we find a vast empty hole in the ground tainted by cronyism and left to us by the prior administration from a demolished hospital -- now during a national pandemic of tragic scale when our community most needs it.

I am both saddened and angered by misleading statements made repeatedly in the press about how "safe" Lakewood is or will be under new legislation related to Covid-19 for "patio" dining.

Council Members Remind Me Again. Why Am I Supposed To Believe That Lakewood Is Safe Or Will Be Safe For Patio Dining?

Mark Kindt wrote:Council Members Remind Me Again. Why Am I Supposed To Believe That Lakewood Is Safe Or Will Be Safe For Patio Dining?

ODH INFO Graphic on Covid-19.jpg

Mr. Kindt -

It is very apparent that in the USA the legislative and administrative branches of government at the local, state and federal levels have chosen economic health over human health! They, with the help of economists and scientists, really could have addressed both - holistically - much more effectively and efficiently. Perhaps when the second pandemic wave hits??

Expanded outdoor/patio dining in Lakewood during the midst of a pandemic might be one public policy option for some businesses and patrons.

However that said, the point that I have attempted to make for a number of years now unsuccessfully is that local elected officials do not have some unlimited right to misrepresent those policy options to their constituents, especially holders of their municipal bonds or plaintiffs' attorneys, out of mere convenience.

They do so at considerable risk to themselves and the municipality.

Suggesting multiple times in print that outdoor/patio dining is or will be safe during a pandemic is nothing but a red flag to the plaintiffs bar.

Point made.

Mr. Kindt--could you explain how this might manifest itself to a potential investor 's evaluation criteria in purchasing municipal bonds?

Mr. Austin, each hypothetical fatality from Covid-19 creates a liability claim for the decedent's estate against the bar/restaurant and the City that could be as high as $10,000,000.

Multiple fatality claims of this magnitude, even a handful, could impair the ability of the City to sell bonds. A single claim could be well beyond the insurance limits of the bar/restaurant. The lawyers on city council understand this. I don't know what the insurance limits are on the municipal umbrella coverage. It could be high enough, but why take the risk?

The public statements in print that Lakewood is safe are just more fuel for the fire for a future plaintiff lawyer's wrongful death lawsuit or a counter claim from a bar/restaurant caught up in wrongful death litigation.

The intelligent thing for the City to do would be to ask the Sun News to publish a clarification statement. I hope they take that course of action.

I am limiting this discussion to the expansion of outdoor/patio dining, but there will be other lawsuits stemming from Covid-19 mortality claims.

Mark Kindt wrote:Mr. Austin, each hypothetical fatality from Covid-19 creates a liability claim for the decedent's estate against the bar/restaurant and the City that could be as high as $10,000,000.

Multiple fatality claims of this magnitude, even a handful, could impair the ability of the City to sell bonds. A single claim could be well beyond the insurance limits of the bar/restaurant. The lawyers on city council understand this. I don't know what the insurance limits are on the municipal umbrella coverage. It could be high enough, but why take the risk?

The public statements in print that Lakewood is safe are just more fuel for the fire for a future plaintiff lawyer's wrongful death lawsuit or a counter claim from a bar/restaurant caught up in wrongful death litigation.

The intelligent thing for the City to do would be to ask the Sun News to publish a clarification statement. I hope they take that course of action.

I am limiting this discussion to the expansion of outdoor/patio dining, but there will be other lawsuits stemming from Covid-19 mortality claims.

Rest assured that for those who die from Covid-19 any legal claims that their estates might have are going to be extinguished by pending legislation in Ohio.

Another illusion of safety to hid behind.

Source: Crain's Cleveland Business, June 1, 2020, p. 1, "Business Immunity bill gaining steam"

Mark


Florida had the largest one day gain in new COVID cases yesterday.

1,920 breaking the previous record.

Mark Kindt wrote:

Mark Kindt wrote:Mr. Austin, each hypothetical fatality from Covid-19 creates a liability claim for the decedent's estate against the bar/restaurant and the City that could be as high as $10,000,000.

Multiple fatality claims of this magnitude, even a handful, could impair the ability of the City to sell bonds. A single claim could be well beyond the insurance limits of the bar/restaurant. The lawyers on city council understand this. I don't know what the insurance limits are on the municipal umbrella coverage. It could be high enough, but why take the risk?

The public statements in print that Lakewood is safe are just more fuel for the fire for a future plaintiff lawyer's wrongful death lawsuit or a counter claim from a bar/restaurant caught up in wrongful death litigation.

The intelligent thing for the City to do would be to ask the Sun News to publish a clarification statement. I hope they take that course of action.

I am limiting this discussion to the expansion of outdoor/patio dining, but there will be other lawsuits stemming from Covid-19 mortality claims.

Rest assured that for those who die from Covid-19 any legal claims that their estates might have are going to be extinguished by pending legislation in Ohio.

Another illusion of safety to hid behind.

Source: Crain's Cleveland Business, June 1, 2020, p. 1, "Business Immunity bill gaining steam"

Given the ever growing death toll in our State (2700+) and the ever growing number of Covid-19 cases (45,000+) in Ohio, the legislation to expand outdoor dining in Lakewood onto sidewalks should be immediately repealed and the Planning Commission should deny all applications under the new legislation.

Let me be clear about this. At this rate, by the end of 2020, Ohio will lose over 5,000 residents to Covid-19 mortality. For comparison purposes, that number of 5,000 residents is equivalent to about 10% of the population of Lakewood.

The expanded dining legislation is no longer defensible on any grounds. It must be repealed.

I Started This Thread On May 28th. Here's the latest information from the State of Ohio.

The situation has only gotten worse since May 28th. The expansion of outdoor dining in Lakewood is a mistake for all of us including business owners, employees and visitors.