The Burden

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Mark Kindt
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The Burden

Postby Mark Kindt » Wed Jul 01, 2020 3:04 pm

Employees Don’t Get A Choice for Covid-19

For a bar or restaurant that expands onto City property (under permit), a heavy burden of actual risk of contagion falls upon its employees. Even following guidelines established by a conscientious business with good practices, there still remains a genuine risk of contagion on outdoor City property, particularly from unmasked, asymptomatic customers.

Each reader has their own understanding of the potential severity of Covid-19 and I trust that understanding.

Based upon the City’s own healthcare analytic study (May 2018), the City itself knows that many of its businesses do not or cannot provide health insurance coverage to their employees.

There is some real and serious chance that an employee infected with Covid-19 on City property might face hospitalization, a long recovery period, lasting physical impairments, loss of income, and hospital bills in the tens of thousands of dollars that are uninsured.

Additionally, there is the additional risk that such an employee might be a source of contagion for their family members and others.

How should Lakewood establish a public policy that places any employee at risk of contagion on public property? --Very carefully and with hesitation, but fully informed with medical authority and medical review.

Yet, conditional use permits with this effect are being granted by the Planning Commission to local bars and restaurants on an almost immediate basis. And, this is being hailed as a success.


Stan Austin
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Re: The Burden

Postby Stan Austin » Wed Jul 01, 2020 3:24 pm

Mr. Kindt--- your stolid legalese is to be admired. But, all we have to do is look at real life examples such as the Put In Bay infections as a guidepost. Wear a face mask and if your dining table is in the middle of Detroit Ave. something's wrong.
Stan Austin


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Wed Jul 01, 2020 3:57 pm

The Risk Of Traffic Injuries

Let's start with some video:

https://www.nbcnewyork.com/news/local/t ... h/2279871/


And, now two Ohio factoids: In 2019, the Ohio State Highway Patrol reported 1,119 automobile fatalities. Each year there are approximately 6,000 traffic injuries due to distracted driving.


Now let's consider two tables of four with seated customers and one or more servers on a Lakewood sidewalk dining (and serving) on City property as part of the expansion of dining onto public property during a distracted driving accident. --I will trust this to your imaginations.

While certainly less likely than Covid-19 transmission in the previous example, this is still a potential tragedy with some real risk of serious injury to the vehicle occupants and those working or dining on the City sidewalk.

The Planning Department and the Planning Commission might want to place expanded outdoor dining on public property on hold until the appropriate traffic safety engineering studies are completed and the recommended traffic safety plans are fully implemented.

How should the City of Lakewood treat residents, visitors, and employees dining on City property? With all legal due care and not before traffic safety engineering is completed and barriers installed.

Again, conditional use permits are being granted for the expansion of outdoor dining onto unprotected City sidewalks at many locations. What am I missing? --Temporary, I grant you that.

It only takes one accident for an EMS call to a bar or restaurant using a City sidewalk for dining.


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Wed Jul 01, 2020 4:50 pm

Our Next Video Presentation

Please take time to watch this video of a June 29th Committee Meeting (55 minutes long):

http://onelakewood.granicus.com/player/ ... ?view_id=2.

While we know that the Planning Commission is issuing conditional use permits for expanded dining onto City sidewalks right now, it is clear from the discussions in this committee meeting that traffic safety engineering studies have not been conducted, are incomplete, or part of future planning.

It also seems to appear (per Councilman Bullock's comments) that the City is counting on the protection of parked cars in the curb lane to at least temporarily protect those dining and serving on City sidewalks under the current temporary permitted use during the pandemic.

Please watch and draw your own conclusions.


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Wed Jul 01, 2020 4:53 pm

Stan Austin wrote:Mr. Kindt--- your stolid legalese is to be admired. But, all we have to do is look at real life examples such as the Put In Bay infections as a guidepost. Wear a face mask and if your dining table is in the middle of Detroit Ave. something's wrong.
Stan Austin


Mr. Austin, thank you for the kind words. What happened on Put-In-Bay? My telegraph no longer reaches that far.


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Jim O'Bryan
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Re: The Burden

Postby Jim O'Bryan » Thu Jul 02, 2020 6:20 am

Stan Austin wrote:Wide open outside dining, prelude to 4th of July weekend


Stan

I thought you were speaking of the two largest super spreader events were at bars, outside, and in the sun.

Then the biggest super spreader event in Lakewood was a party at a bar in Lakewood where 10 people came down with it. Of course that was inside.

Meanwhile some of the most progressive states in this nightmare have started to close all indoor dining and looking at closing outdoor dining too.

Both were seen as to risky.

But in Lakewood the kids on council have decided, craft beer over a healthy Lakewood. Go figure.

.


Jim O'Bryan
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pj bennett
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Re: The Burden

Postby pj bennett » Thu Jul 02, 2020 6:46 am

Jim O'Bryan wrote:
Stan Austin wrote:Wide open outside dining, prelude to 4th of July weekend


Stan

I thought you were speaking of the two largest super spreader events were at bars, outside, and in the sun.

Then the biggest super spreader event in Lakewood was a party at a bar in Lakewood where 10 people came down with it. Of course that was inside.

Meanwhile some of the most progressive states in this nightmare have started to close all indoor dining and looking at closing outdoor dining too.

Both were seen as to risky.

But in Lakewood the kids on council have decided, craft beer over a healthy Lakewood. Go figure.

.
r

Why does city council have the final say?

Couldn't the Mayor, (who is also Lakewood's Safety Director), declare that all bars and restaurants (except for take-out/delivery) be closed until further notice?

Considering, that some pretty progressive cities are rolling back businesses and putting the health of the people first, then Lakewood, which likes to be thought of progressive, should follow suit.

Honestly City Hall, where are your heads?
We are in a PANDEMIC! What part of PANDEMIC aren't you getting?
We are in the midst of a World-Wide health crisis!


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Thu Jul 02, 2020 9:04 am

The Vehicles Versus The Virus

My first two examples crystallize the public safety dilemma that the City of Lakewood faces as it proceeds with expanded outdoor dining on public property for the benefit of its bars and restaurants.

The Vehicles

The good news is that this is where cities have deep knowledge and long experience. The City understands that any set of decisions that expand outdoor dining to public property such as sidewalks, curb lanes, or "parklets" will require traffic safety engineering studies and traffic safety infrastructure. Until traffic safety infrastructure is planned and installed, dining and serving on public property will be at the individual personal risk of the resident, visitor or server on that property. Unfortunately, the server has little choice but to accept that risk or become unemployed.

The Virus

The bad news is that the City of Lakewood already knows from its May 2018 healthcare analytics study, that on a "neighborhood-by-neighborhood" basis, that Lakewood has high levels of residents lacking health insurance as well as other populations that might be vulnerable to Covid-19 and its complications. The City's public safety forces have at least some understanding of the scope of Covid-19 in Lakewood from data related to EMS runs and police response calls. Under the contract between the City and the Cuyahoga County Board of Health that includes "Disease Outbreak Management", the City has regular/routine access to at least some aggregated, non-confidential data about Covid-19 impacts here and in other suburbs. Of course, the City has already taken steps to protect its own employees and others from the pandemic as it delivers municipal services. We all applaud that attention and diligence.

So, in the context of both vehicles and a pandemic virus, elected and appointed officials face a public health and safety dilemma as the City attempts to expand outdoor dining to public property. However, there is one crucial difference. Few cities, including Lakewood, have competencies in managing pandemic health threats to their residents, visitors, or employees of local businesses while the pandemic is actually growing. Obviously, this is a time for crisis management.
Last edited by Mark Kindt on Thu Jul 02, 2020 9:24 am, edited 1 time in total.


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Thu Jul 02, 2020 9:24 am

Opportunity To Witness Public Policy Formation In Action

Again, I really encourage each reader of this Deck essay to watch the June 29th Committee Meeting on expanded outdoor dining on public property.

http://onelakewood.granicus.com/player/ ... ?view_id=2.

During this crisis, we can witness actual public policy formation on this issue as it develops, since council committees can conduct official business in a "virtual" environment.

These are genuine deliberations, including document(s) under discussion, that can be watched on a real-time basis or delayed basis, if you consult the City website.

The elected and appointed officials in these deliberations are clearly doing their duty in difficult times on difficult issues.


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Thu Jul 02, 2020 10:35 am

Ventilators Versus "Vibrancy"

Aside from a risk of death, one of the many burdens of Covid-19 infection is some, not unreasonable likelihood, of spending time in an Intensive Care Unit on a ventilator. I have witnessed this with victims of lung cancer and it is a necessary but horrifying treatment. During this pandemic many residents may face this risk and indeed have to be subjected to it. This is one of the burdens that I am describing as a possible outcome of a poor public policy choice. I am convince that that policy choice has already been made for Lakewood and that residents, visitors, and employees may risk suffering for it.

Obviously, I disagree with the expansion of outdoor dining to City sidewalks or curbside "parklets"; have already written to City Council requesting repeal, and in communication with individual council members, have advocated a "hold" on this process.

In the interests of protecting the Planning Department's concept of "vibrancy" and protecting Lakewood's bar and restaurant businesses, our City Council may have latched onto the idea that the pandemic was abating and/or the illusion of safety that outdoor dining was in some degree safer than indoor dining.

This approach held and still holds a serious risk of public health and safety injury as the City continues to grant conditional use permits for expanded outdoor dining.

The whole program needs to be "walked back" due to the fact that the pandemic actually worsened during the same period that permits were being granted. (I am not arguing causation here; just bad timing). Let's not "double-down" on a program that has a serious public health and safety risk during a worsening pandemic without complete and expert confidence that it is workable and reasonably safe.

Real "vibrancy" is protecting the lives of residents, visitors, and employees from serious health and safety threats.


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Thu Jul 02, 2020 11:05 am

The City Must Drill Down To Real Medical Science And Safety Engineering For Outdoor Dining On Public Property

I understand the temptation for one to fly by the seat-of-the-pants during a crisis situation. However, doing so has real world health and safety risks and burdens for each of us. Many of us study the pandemic news on a daily basis and no one is seeing much good news at the moment. --Many of us are in populations vulnerable to severe impacts.

During the entire time-frame that expanded outdoor dining on City property was under development by City Council, there were sophisticated predictive, national, international, and even regional assessments; many, if not all, describing a serious risk of worsening pandemic conditions. --Much of it was available online, published in print daily, or at the other end of an email or telephone call. --Much of it was linked-to from the Deck. The Ohio Department of Health has a dashboard showing daily developments.

However, as early as the end of May, council members were communicating to local media that it was “safe” or would be “safe” to dine in Lakewood as a result of its recent outdoor dining legislation.

We should all be appalled by the fact that safety from the Covid-19 pandemic has been used for any "positive'" branding here by any local official.


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Fri Jul 03, 2020 9:09 am

Mark Kindt wrote:The City Must Drill Down To Real Medical Science And Safety Engineering For Outdoor Dining On Public Property

During the entire time-frame that expanded outdoor dining on City property was under development by City Council, there were sophisticated predictive, national, international, and even regional assessments; many, if not all, describing a serious risk of worsening pandemic conditions. --Much of it was available online, published in print daily, or at the other end of an email or telephone call. --Much of it was linked-to from the Deck. The Ohio Department of Health has a dashboard showing daily developments.


As we rashly proceed with expanded outdoor dining to sidewalks to support our bars and restaurant with public assets; keep in mind that the only reason this is being done is due to a largely uncontrolled pandemic of a dire disease. Here's the official word from the State of Ohio. As reported here on the Deck and as a headline in today's Plain Dealer, Cuyahoga County is now at Level Three.
Ohio Level Three Graphic 6-30-2020.jpg
Ohio Level Three Graphic 6-30-2020.jpg (47.92 KiB) Viewed 12633 times


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Fri Jul 03, 2020 10:11 am

The Burden Will Shatter Lives And Families

No Lakewood resident, visitor, or employee should have to run the risk of a severe, but unknown debilitating disease while dining or serving on public property as a matter of a municipal policy, especially during an obviously well-known, unmitigated, and growing pandemic.

The issuance of conditional use permits by the Planning Commission to bars and restaurants for expanded outdoor dining on City property must be halted immediately.

Their continued issuance creates a risk that no resident, visitor, or employee should ever be asked to bear.

Unbelievably, the burden that I write about in this Deck essay is now even worse.

Beyond pain, suffering, and loss, those injured on public property are now likely to be prohibited from exercising their normal legal and civil right to seek redress in the courts for their injuries and suffering.

All due to pending legislation in Ohio.


Mark Kindt
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Re: The Burden

Postby Mark Kindt » Fri Jul 03, 2020 12:36 pm

The Easiest Way To Think About This

Covid-19 and the Server

A server working for a bar or restaurant with a conditional use permit for service on City property is unlikely to have employer-sponsored health insurance and any hospitalization due to Covid-19 may cost tens of thousands of dollars and place this employee at risk of both job loss and bankruptcy.

If Ohio adopts a general immunity law, a server who contracts Covid-19 will have no legal or civil rights under the law to seek recovery for costs or injuries suffered during their course of employment or while working on City property (sidewalks, etc.)

Covid-19 and the Diner

The diner (or diners) who contract Covid-19 on City property in use under a conditional use permit have much the some outcome, but they might have a better chance of having health insurance coverage.

The burden is both one of an unknown disease and its largely unknown complication as well as a fundamental deprivation of the ordinary legal right to sue for damages.

How can this municipal program be either safe or successful? It is simply a disaster waiting to happen.



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