Business owners say COVID-19 dining rules inequitable, demand permission to open

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PHILADELPHIA (KYW Newsradio) — Restauranteurs and caterers were full of criticism and questions for Philadelphia City Council at Wednesday's hearing on current COVID-19 guidance. Business owners say they want better safety guidance on opening as well as permission to do so.

Health Commissioner Dr. Tom Farley defended the city's strict restaurant and catering guidelines.

"Case rates have approximately doubled in the past five weeks," he said.

He said the city's reasons for keeping indoor dining capacity at 25% has been public safety.

"It is well established that COVID-19 is spread through the air and that the site of entry is the respiratory tract. That means the highest-risk situations are those where people are near each other, indoors, not wearing masks," Farley said.

In order to go to 50% capacity, restaurants must certify that they are abiding by new ventilation requirements.

"It is my hope that the difference in allowing capacity tied to these ventilation standards will encourage all restaurants who do not meet these standards to upgrade their ventilation systems," Farley said.

But Melissa Bova with the Pennsylvania Restaurant and Lodging Association said that ventilation requirement is inequitable.

"Of the 6,000 restaurants in the city of Philadelphia, 1% have applied to increase to 50%," Bova said.

"The vast majority are in Center City and the vast majority are part of larger restaurant groups or chains, which once again has proven our point that minority-owned, independent, small businesses are not able to increase to capacity and stuck operating at 25%, which in this industry is a death sentence."

Restaurateur Jonathon Myerow, owner of the Tria restaurants, agreed.

"You know, I know it's very important to the city and the commerce department that this be a level playing field for all types of restaurants of different resources," Myerow said. "It's simply not."

Bova argued the virus is being spread at unregulated home gatherings, not restaurants.

"They are being targeted as a spreader of the virus when they aren't even open or allowed to operate," Bova said.

Meanwhile Claire Cardi with Kaleidoscope Weddings said catering restrictions are not helping to stop the spread of the virus. She says they are just stopping business.

"These folks who are living in the city are now just traveling outside of the city, having their events, coming back to the city," Cardi said.

Caterer Jeffey Miller said the sector is really struggling.

"People are angry when you can't do their weddings. And when they want their deposits back and you've spent them, they sue you," he said. "We have about 20 lawsuits going on right now.  It's horrible."

But not all the feedback was negative. Myerow spoke highly of the new sidewalk-dining culture that has emerged as a result of the indoor-dining restrictions.

"The 'streateries' have been the one amazing, wonderful thing that I think the city has done for our industry in the pandemic," Myerow said.

Farley said he was unable to give a timeline as to when restrictions would loosen up more universally.

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