Downey City Council urges county to reconsider outdoor dining ban

Dodgers fan watch the World Series at Bastards last month. Photo by Alex Dominguez

DOWNEY – The Downey City Council voted Tuesday to voice the city’s opposition to Los Angeles County’s move to close in-person dining for the next three weeks.

The evening’s discussion was thrown onto the agenda as an emergency ordinance, in direct response to the county vote which occurred earlier that day.

The word “draconian” was tossed around a few times as councilmembers labored over the county’s outdoor dining ban which took effect Wednesday night, attempting to curb the most recent wave of COVID-19 cases.

Specifically, there were concerns that there was not enough data to connect the recent surge of coronavirus to in-person outdoor dining, and that the most recent order would once again wreak havoc on small businesses who were just starting to find their footing from the last shut down.

Councilman Alex Saab expressed the opinion that more could have been done before the call to close again was made.

“It seems like there could have been steps that they could have taken not as drastic…maybe reduce the allowance of the number of people who could eat outside, or maybe not allow longer periods of gathering,” said Saab. “It just seems so odd to me; are we going to start restricting supermarkets, start restricting Costco, Walmart?

“The last time they did this, the effect it had on small businesses – particularly the restaurants – was devastating.”

Mayor Pro Tem Claudia Frometa added that the council’s opposition was not an indication that they were blind to the current spike.

“We are fully aware that this is a public health emergency,” said Frometa. “But at the same time, we have to look at all of this, and all of the unintended consequences that shutting down our businesses bring to the communities.

“We’ve seen it across the country, we’ve seen it across the state, we’ve seen it across the southeast communities: These restaurants - these small-owned businesses - many of them are not coming back.”

Councilman Sean Ashton was the only councilmember to not be fully on board initially, concerned that to ask the county to reverse its decision was asking them to “swing the pendulum all the way back to what has been allowed.”

“According to what I’m reading here, we’re asking them to repeal the outdoor dining restrictions. Basically, that’s taking it back to what was in process before,” said Ashton. “I can’t support the total repeal of what they passed. I agree with portions of why they did it, but there’s something that needs to be worked; by saying we’re just asking them to repeal what they’ve done doesn’t really cover what they need to do.”

L.A. County restaurants can only offer takeout under new health orders that go into effect Wednesday night. Photo by Alex Dominguez

City Manager Gilbert Livas recommended that the council add language to their resolution asking for the county to consider implementing lower dining capacities and/or time limits at tables, as well as to make a clear distinction between bars and restaurants.

Ultimately, the council unanimously voted in approval of a resolution that defaulted to the California State order, as well as the county order before the Nov. 25 LA County Board of Supervisors action, applicable to restaurants and not bars.

This move is mostly symbolic, as the city is contractually obligated to abide by LA County Health Department mandates due to a prior general services agreement. According to Livas, there have been examples elsewhere of cities who have defied their county’s mandates, only to lose in court later on.

Livas also suggested there were other cities looking to oppose the new mandate.

The controversial move by the county split the Board of Supervisors, with Supervisor’s Janice Hahn and Kathryn Barger calling to maintain the status quo, though coming away fruitless.

“I don’t support shutting down outdoor dining in LA County right now,” Hahn tweeted. “I don’t think we have the data to prove dining is driving the recent surge or to rationalize the number of people who would lose their jobs. I’m also worried it will drive more people to gather indoors.

“But I do not want to give people the idea that we are not facing a serious crisis that demands action. We need you to stop gathering with friends and family. Please cancel your plans. I did. Our healthcare employees, our workers, and businesses need us to turn this around.”