Another day, another threatened lawsuit
Thursday, Oct 29, 2020 - Posted by Rich Miller
* From a CDC Morbidity and Mortality Weekly Report last month…
Findings from a case-control investigation of symptomatic outpatients from 11 U.S. health care facilities found that close contact with persons with known COVID-19 or going to locations that offer on-site eating and drinking options were associated with COVID-19 positivity. Adults with positive SARS-CoV-2 test results were approximately twice as likely to have reported dining at a restaurant than were those with negative SARS-CoV-2 test results.
* ABC 7
All across Kane County, like much the rest of the region, bars and restaurants are once again shut down to indoor dining and limited to patio seating, takeout and delivery only.
But not Geneva’s FoxFire. The steakhouse is serving its patrons indoors, after a judge ruled they can keep their dining room open for now — going against Governor Pritzker’s executive order.
“We’re not suing to be maskless,” said K.C. Gulbro, owner of FoxFire Tavern. “We’re not suing to fill the whole restaurant to door to door. But we feel we have the right to be open.”
The judge’s ruling only applies to FoxFire. That’s why the Illinois Restaurant Association is expected to vote as early as Thursday on whether to file a lawsuit on behalf of all of the state’s 25,000 restaurants.
* Also, have a look…
- TheInvisibleMan - Thursday, Oct 29, 20 @ 10:34 am:
I’ve praised Pritzker many times for the way he is handling this. It’s a tough job to be thrust into.
However…
He is failing badly on the aspect of enforcement. This has allowed all these death by a thousand cuts lawsuits, and is only further enabling those who want to ignore public health orders.
I don’t know what is going through his mind, maybe he is trying not to be heavy handed in the middle of a pandemic. The problem with that is the lack of any significant enforcement is what is allowing this pandemic to continue to spread almost unabated.
The same problem showed up with the lack of any guidance from the state regarding Halloween. By the time the state came out with guidance, most local areas had already passed their trick or treating ordinances as if nothing was any different this year.
He’s repeating that same mistake every day he continues to think a lack of enforcement is somehow helping. The ILDPH has the authority to close down these businesses, and as bad as it may seem he needs to start directing the agencies under his control to start using their authority instead of just asking nicely.
- OK Boomer - Thursday, Oct 29, 20 @ 10:47 am:
I don’t know if increased enforcement is worth the political risk. Lots of restaurants are on the verge of collapse as it is; at this point a fine or loss of license will surely be the final nail in the coffin. Are other states having success with enforcement measures? I simply wish people would recognize the danger to themselves and others and act if for no other reason but for self-preservation. Maybe a shift in dynamics at the federal level can take pressure off states and other local bodies who want to keep their stakeholders safe but really do not know the best way to do so.
- illinifan - Thursday, Oct 29, 20 @ 10:52 am:
how about a shift at the federal level to provide more financial support to small business and the workers instead of the big conglomerates
- Oswego Willy - Thursday, Oct 29, 20 @ 10:59 am:
First, not that it matters or they care, I won’t frequent FireFox ever. This premise of “right to be open” when the setup of your business in a global pandemic is potentially a hazardous spreader, nope, won’t go there, not now or ever.
To the post,
I have gone out of my way to get carry out from non-chain restaurants as often and as generously possible, making sure to tip, and going direct, saving those restaurants from delivery bites to the bottom line.
I’m one person. These businesses need dozens and dozens, night after night of “one persons”.
My point to this is… there’s no more “old normal” right now, if there will ever be, the model of going out right now is a losing premise, as these poor businesses, I feel for and don’t want gone, are still trying to find their ways, and in-dining must be in that equation.
It’s a vicious circle as some (not all, not ALL) have this need to value signal too, looking at curbing and slowing the spread with masks as an infringement, while scratching their collective heads why infections rise and these restrictions are happening.
As much as we hear about “two sides”, well, there’s only on society. One society where a global pandemic is hitting hard, some with infections, others with business closures and housing hurts, and other places feeling it all at cataclysmic levels.
These lawsuits… all they are doing… in a long run think… is prolonging the bad medical numbers and moving us further away from beating the spread.
The winners are the lawyers.
Even if the places win, I can’t think of any reason to go to FoxFire now. Same with places near me, place I love, nope, I’m done, they made clear what they believe about health.
I’ve learned more from “Chicago Bars” twitter to help places I want open long after this pandemic than from DeVore or any lawsuit designed, in what they think, to help, but it’s not helping a greater good, and its really-really hurting places that “Chicago Bars” (as a very small example but an important one to a bigger discussion) points out are following all guidelines, breaking no rules, not fighting to disavow science, and want to be good neighbors and help society… and be around long after.
Places are closing, they won’t come back. The virus did that. Again, the virus did that. Societal choices to not want to stop the spread is doing more hurt than these lawsuits, but these lawsuits aren’t the helpers either.
Support local restaurants, support bars, taverns, support places in every way you can, but be weary of those looking to survive that might not see health as their concern when only seeing survival and curtailing real health dangers.
- TheInvisibleMan - Thursday, Oct 29, 20 @ 11:01 am:
=== I simply wish people would recognize the danger to themselves and others and act===
I wish that too. But wishes don’t seem to be working very well. Something about a ‘wish in one hand…’
Restaurants have piles of regulations they have to adhere to in order to conduct business. In my mind, this is no different than if a restaurant decided to start offering a menu item made with ground beef stored unrefrigerated. The health department would rightly shut them down.
As far as being the final nail - these places have had over 6 months to adapt to a carry-out model. Even alcohol is allowed to be done by carry out now. There is no excuse for a failure to adapt to a new business model, and plenty of places have made that adjustment.
Places that are fighting to be selling a dining experience instead of food are not going to make it. That’s just the reality. To put public health behind someone’s desire to have a dining experience is frankly and absurd position to have.
The solution is probably somewhere in the middle, but no matter what the current approach is clearly not working and needs to be changed.
- OK Boomer - Thursday, Oct 29, 20 @ 11:02 am:
@illinifan without a doubt there should be federal financial support for restaurants, small businesses, workers, etc.. that should enable them to safely ride out a shutdown. A comprehensive plan at the federal level would be like manna from the gods and a key to a successful and effective shelter-in-place.
- Donnie Elgin - Thursday, Oct 29, 20 @ 11:02 am:
=how about a shift at the federal level=
Politics dictate that Pelosi/McConnell/POTUS hold out a false promise of stimulus. Real traction won’t happen till Jan 3rd when a new congress is sworn in.
- Froganon - Thursday, Oct 29, 20 @ 11:05 am:
Raise unemployment compensation to 80% of $15.00/ hour. Support businesses with grants and loans to enable them to install vetilation systems that kill off the virus. Allow those busniesses to re-open at 25 to 50% cpacity and monitor the spread. Open training for construction trades and subsidize those people until they can get jobs in the construction industry. We have paths out of this mess. The restaurant associations need to get on board for cleaning up the air. The alternative is killing of their customers.
- OK Boomer - Thursday, Oct 29, 20 @ 11:08 am:
There is Darwinism all around us. Those who successfully adapt to living through a pandemic will likely survive. Those who do not and cheat to make it work are on a dangerous collision course. I think our current administration has left many Democratic Govs in an untenable situation and most may find themselves fighting a legitimate challenge from the right by the “open our___” group (the new tea party?) when they are up for re-election.
- Soccermom - Thursday, Oct 29, 20 @ 11:11 am:
That El Pais piece was spectacular. It also explains why schools are not becoming superspreader events — because the kids are silent much of the time. (It’s a different story if the teacher is infected)
- Odin - Thursday, Oct 29, 20 @ 11:21 am:
I think it’s hilarious that this whole “Pritzker needs to enforce) this crowd wants the State Police to enforce the governors orders. As if the ISP doesn’t have bigger problems to worry about. I mean what’s worse: violence, trafficking, etc. or a restaurant staying open despite the governors orders? Seriously…get your priorities straight.
- Odin - Thursday, Oct 29, 20 @ 11:24 am:
I’m also curious what the enforcement crowd thinks of this. According to the Daily Mail a UK police commissioner was talking about how they will go in a break up family holiday dinners. I’m from a large family with a lot of aunts and uncles. Most of us are going to have our Christmas party regardless of the governor. So should ISP be able to come in and break us up?
- TheInvisibleMan - Thursday, Oct 29, 20 @ 11:27 am:
===As if the ISP doesn’t have bigger problems to worry about===
ISP can and should deputize people to enforce health orders. It wouldn’t take a single resource away from existing sworn officers of the ISP.
Now that your biggest concern is out of the way, what’s your next pretend concern about enforcement?
- Anonymous - Thursday, Oct 29, 20 @ 11:46 am:
==Most of us are going to have our Christmas party regardless of the governor.==
What a grass bowl.
- don the legend - Thursday, Oct 29, 20 @ 11:46 am:
Sorry, Anonymous at 11:46 was me.
- Huh? - Thursday, Oct 29, 20 @ 11:53 am:
Odin - is your family gathering going to be in a place of business such as a restaurant, bar, or banquet hall? If not then it is unlikely Pritzker is going to shut down your super spreader event.
As much as I would like to be with my daughters and their SO, we are taking the safe route and not holding a holiday family event/dinner. My daughters and their SO are too dear to me to put them or us at risk of a fatal disease. We can see each other via video chats.
- Oswego Willy - Thursday, Oct 29, 20 @ 12:01 pm:
=== Most of us are going to have our Christmas party regardless of the governor.===
Yeah.
My family (parents, etc) has decided we are not.
My extended family, (cousins and aunts, etc) we’ve all decided, no Christmas get together.
It’s not a “badge of honor” to make your family get together a super spreader event to own the Governor
It’s actually sad to say you’re doing it… “in spite of”
- DownSouth - Thursday, Oct 29, 20 @ 12:10 pm:
I am curious - on the list of Round 2 BIG recipients I see some of the most vocal about refusing to comply and indeed refusing to comply establishments, perhaps one type of enforcement would be to disallow their BIG grants if they don’t play by the rules.
It seems a little disingenuous to me to snatch up BIG funds and stay open in defiance of the mitgations.
- Lucky Pierre - Thursday, Oct 29, 20 @ 12:20 pm:
The list of independent restaurants and bars that are ignoring the Governor’s order goes way beyond Fox Fire.
- thisjustinagain - Thursday, Oct 29, 20 @ 12:26 pm:
“We have a right to be open and spread disease” is their position. And no, the restaurateurs do not. SCOTUS settled this point in 1905, when it upheld a Massachusetts mandatory vaccination law, agreeing that the State’s police powers could be invoked to deny a right in dire emergencies. (Jacobson v. Mass, 1905). We are there now. JB needs to drop the hammer on this foolishness by all legal means available, and not worry about re-election. Leaders lead even when it’s unpopular.
- Lincoln Lad - Thursday, Oct 29, 20 @ 5:09 pm:
Those restaurants fighting an order attempting to protect us - deserve to go out of business. They’ve lost my sympathy. Lock your doors now, you failed as a business, and as a neighbor.