The Observation Deck

Outdoor Dining On Lakewood Sidewalks and Streets Likely Permanent

As a matter of public policy, it seems both unfortunate to me and dangerous to others that the City of Lakewood would, as a matter of enacted public policy, use its dedicated sidewalks and streets in a manner that may facilitate the risk of Covid-19 contagion ("Community Spread") to residents or visitors, none of whom have been warned by the City of the risks associated with this novel use of public sidewalks/streets during an unmitigated pandemic.

I am particularly discouraged that even temporary legislation that already carried this serious risk for vulnerable Lakewood residents, whose vulnerability the City previously studied and clearly understood, has been made "permanent" during a national pandemic of growing proportions. (The cover of Time magazine this week illustrates 200,000 Covid-19 deaths. Now, reported today at 206,000).

Unlike drivers or pedestrians on Lakewood streets and sidewalks, Covid-19 victims have all lost most of their legal rights to access the Ohio civil justice system for their injuries and damages.

I am even more concerned that the outdoor dining legislation has been or will be used for marketing purposes by the City or others who benefit; thus creating an "attractive" risk of injury to those who have been told by the media that it is safe to dine in Lakewood; but who have had no warnings, who have lost their legal rights, yet may be uniquely vulnerable to coronavirus impacts.

I remain opposed to the temporary or permanent transfer of public sidewalks and/or streets for use by the bar/restaurant industry to their financial benefit, but at the severe health risk of our most vulnerable residents; especially when this has all been done outside of normal and routine standard open meeting requirements.

Finally, it also seems clear to me that under Amended House Bill 606, that no business has any legal obligation to comply with promulgated guidelines related to Covid-19 at all. This is now an "honor" system for those who hold liquor licenses.

Good luck with that!

Be well. Stay safe.

Perhaps last night's news will wake some people up to the continuing dangers of Covid-19.

Protecting Lakewood's "At-Risk" Communities

It was never my intention to post about Covid-19. My goal in my recent posts is to encourage all local elected officials to increase proactive steps to protect our "at-risk" communities.

My clear bias is that I am within the "at-risk" age group. Unlike the U.S. President I have no special access to an Army hospital suite or advanced or expedited treatments. For those in Lakewood over the age of 60 the rates of hospitalization look like this.

No Evidence for the Safety of Outdoor Dining on Streets and Sidewalks -- NONE

I want to make this very clear to all:

I have now reviewed all the relevant committee minutes and there is simply no evidence that when Dr. Allan of CCBH appeared before City of Lakewood city council committees or members did he offer any presentations, statements or assurances about the safety of outdoor dining on Lakewood streets and sidewalks.

If Dr. Allan or other medical professionals rendered opinions on the safety of expanded outdoor dining on Lakewood sidewalks and streets during a pandemic, it is not reflected in the minutes.

If I am incorrect, I will retract my statements upon review of documents or other specific assurances about when and who rendered the opinion on safety.

The continued issuance of these permits should be halted now.

Frankly, I Hope They Did Consult Medical Professionals--I'd Feel A Lot Better

Temporary legislation was enacted on an erroneous reading of CDC Guidelines and then made permanent.

Nowhere in the CDC Guidelines for Bars and Restaurants (in June 2020) did the CDC recommend or suggest that municipalities grant temporary use permits for bars or restaurants to use city sidewalks and streets for Covid-19 mitigation.

Nowhere does it ever suggest that it is safe for cities to do so. In fact, the guidelines are not even structured in terms of "safe or unsafe or less safe or safer" even as applied to bars or restaurants.

Please read these city council committee minutes: