The Burden

[Mark Kindt]

Here's A Summary From One Of The Law Firms That The City Uses

Thompson Hine Summary on Covid-19 Immunity Law - Ohio.jpg (467.96 KiB) Viewed 8117 times

[Stan Austin]

Thank you Mr. Kindt for supplying this memo.
I am a "regular Joe" just a guy trying to navigate life through waters that all of a sudden are uncharted. But, I can read and reason. This memo - along with the colorful graphics, is in my regular Joe terms a piece of gobbledygook. It just describes the playing field for endless litigation with no placement of responsibility. One might be tempted out of protection of personal safety to avail oneself of self defense measures as encouraged by the president (note, lower case) to confront the bar owners and patrons of this past weekends gatherings at Geneva on the Lake. In my opinion to protect the larger communities health, confrontational actions using Second Amendment excuses would be justified.
Stan Austin

[Dan Alaimo]

Thank you Mr. Kindt for supplying this memo.
I am a "regular Joe" just a guy trying to navigate life through waters that all of a sudden are uncharted. But, I can read and reason. This memo - along with the colorful graphics, is in my regular Joe terms a piece of gobbledygook. It just describes the playing field for endless litigation with no placement of responsibility. One might be tempted out of protection of personal safety to avail oneself of self defense measures as encouraged by the president (note, lower case) to confront the bar owners and patrons of this past weekends gatherings at Geneva on the Lake. In my opinion to protect the larger communities health, confrontational actions using Second Amendment excuses would be justified.
Stan Austin

Stan, like so many things during this this time of Trump, I feel partially ashamed that I also have been thinking more about the Second Amendment, although I have no means of exercising it, and I'm unlikely to. I've never given it much consideration before. Glad you said it first.

[Stan Austin]

Dan- I am horribly conflicted. You punch me in the parking lot at Popees next door to Harding in the 8th grade? How should/wood/could I react?

[Mark Kindt]

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.

Now enacted into law (yesterday).

[Stan Austin]

Hmmm-- Maybe I should risk a hospital stay in exchange for a Breonna Taylor $12 million dollar settlement :

[Mark Kindt]

The Bottom Line

Folks, the bottom line is simply this:

If you, your family, or your dining companions contract Covid-19 while dining in Lakewood on a city sidewalk or street and injury or death occurs, you have no legal recourse to redress such injuries or death in the courts.

Both the bar/restaurant and the City are now insulated from liability. The insurance coverage mandated by the ordinance is now meaningless.

Outdoor dining and parklets on City sidewalks or streets is unfair to residents, visitors, employees, and now the very businesses that have availed themselves of this misguided program.

It should be scrapped promptly!

[Mark Kindt]

In Today's Lakewood Observer, we learn from Councilperson Shachner that the City Administration plans to seek the extension of this program beyond its mandated ending date of October 31, 2020 and until the end of the pandemic.

Not sure that I can say anything more in a neutral tone for a while.

Outdoor dining and parklets are on-track to become permanent features of Lakewood during the global pandemic.

If I am in error, please call me [216-521-6024] and I will post additional information to clarify this post.

Until I have additional information, I standby what I have written.

[Mark Kindt]

I am deeply troubled that decisions that affect the lives and well-being of residents, visitors, and employees are being made...continue to be made...outside the purview of the Ohio Public Meetings law under some temporary exception that is now in long-term use.

[Mark Kindt]

Especially now that damage and injury stemming from those decisions are now immune from legal action.

[Mark Kindt]

The Expanded Outdoor Dining Ordinance Should Be Permitted To "Sunset" As Originally Enacted

I am deeply troubled with the actions of the City of Lakewood related to the expansion of outdoor dining onto public property (sidewalks/streets) during a pandemic of global proportions.

I oppose any effort to extend this ordinance beyond its official expiration date of October 31, 2020.

I carefully reviewed the relevant CDC Guidelines for Bars and Restaurants.

Nothing in those guidelines recommends or even suggests that public property, like urban sidewalks or streets, should be used for expanded outdoor seating for private businesses; even on a temporary basis.

The city has no basis to represent to the media or to the public that such dining is either "safe" or "safer" or even consistent with the federal guidelines.

Because of the enactment of Amended House Bill 606, the original City ordinance is now deeply flawed and must "sunset" as enacted on October 31, 2020.

The insurance "back-stop" in the ordinance has now been "gutted" by the State statute thus rendering the insurance provisions of the original ordinance without benefit to those required to be insured.

The program should be halted as soon as possible until it hits the sunset date in the Ordinance, not expanded into the future.

[Mark Kindt]

In Today's Lakewood Observer, we learn from Councilperson Shachner that the City Administration plans to seek the extension of this program beyond its mandated ending date of October 31, 2020 and until the end of the pandemic.

Not sure that I can say anything more in a neutral tone for a while.

Outdoor dining and parklets are on-track to become permanent features of Lakewood during the global pandemic.

If I am in error, please call me [216-521-6024] and I will post additional information to clarify this post.

Until I have additional information, I standby what I have written.

Here is some additional information:

It was confirmed in the Sunday Plain Dealer (9/20/2020) that the city administration is planning to continue the program for expanded outdoor dining beyond the originally enacted ending date of October 31, 2020.

[Mark Kindt]

Mayor George On Safety Of Outdoor Dining On Public Property

On September 11, 2020, Mayor George was quoted in the press (Cleveland.com) as follows regarding the extension of expanded of outdoor dining beyond October 31st:

"As the science becomes more and more clear on this virus, the outdoors seem to be the safest place," George said. "We want patrons to be able to visit these establishments in a safe environment."

[bold emphasis added here]

[Mark Kindt]

Leadership During Unprecedented Crisis

While I appreciate all of the leadership demonstrated by Mayor George during the Covid-19 crisis, the temporary ordinance for conditional use permits to expand outdoor dining onto City sidewalks and streets should be allowed to "sunset" on October 31, 2020 as legislated.

Each day the reporting with respect to the Covid-19 pandemic describes a mostly growing and unmitigated path of contagion where even the guidance from the Centers For Disease Control frequently changes.

In this highly variable environment with a daily, serious public health threat, temporary legislation adopted months ago, during the earliest stages of the pandemic in Ohio, should expire as designed until more is understood.

As one of us who is mandated to wear a mask daily for all routine activities, is within the vulnerable population, and has reviewed the CDC Guidelines for Bars and Restaurants, it seems pointless for me to debate the repeated claims of public officials that outdoor dining on public property is so safe and so scientific that it should be extended and expanded.

I stand by what I have written to date.

[Stan Austin]

Mr. Kindt--I note that the expiration is October 31. Not trying to be a "wisenheimer"but due to the onset of FREEZING temperatures, wouldn't that make this discussion moot until Spring time warm weather? Stan Austin