Beverly Hills Votes Against County Restaurant Order

BEVERLY HILLS, CA — The Beverly Hills City Council unanimously approved a resolution Monday night opposing the Los Angeles County Public Health Officer order prohibiting outdoor dining in the city and across the county.

Citing the hardships caused to already struggling restaurants and a lack of scientific evidence that limiting outdoor dining prevents COVID-19, the resolution demands that a motion be placed on the Dec. 8 agenda of the Los Angeles County Board of Supervisors to repeal the Nov. 24 order, which is expected to last until at least Dec. 20.

It also asks that the county localize orders based on data surrounding certain locations and industries, arguing that Beverly Hills has maintained extra stringent health standards, and that outdoor dining actually has the potential to decrease COVID-19 by providing safe, socially distanced spaces outdoors.

In addition to the resolution, the Council directed their city attorney to look into legal action against the county, and directed staff to explore the possibility of the city forming its own Health Department so that it would no longer remain under the county's jurisdiction. Over the course of the meeting, many councilmembers brought up the city of Pasadena, which has been able to continue outdoor dining since it has its own department.

On Wednesday, the ban survived a legal challenge from the California Restaurant Association. Though Los Angeles Superior Court Judge James Chalfant appeared sympathetic the restaurant owners' concerns, he said he needed more scientific evidence on the effects of outdoor dining.

The agenda item was requested by Councilmember Lili Bosse, who said that she disagreed with the Board of Supervisors' 3-2 due to lack of scientific evidence and the negative effect she feels it will have on the community.

"At [the County Supervisor's meeting] the question was asked and answered if there was any data to suggest a correlation between outdoor dining and COVID, and the answer was no, there was no data. From my perspective, that was a huge, huge, huge, statement, as well as the fact that with the outdoor dining, there have been very strict protocols in place to ensure safety for the employees and the diners as well," Bosse said.

"I also believe that by eliminating outdoor dining, it will have the opposite effect, and unfortunately in my view and in many of the letters we’ve seen and physicians who have called in and also written in that it will increase COVID, and it will increase people together indoors."

Bosse's opinions were shared by more than 900 people who emailed or called the city to mostly voice their support for the resolution. According to City Clerk Huma Ahmed, the city received 919 emails against the county's decision, and just three in favor. According to a summary provided of the emails, residents feel that restaurants are being unfairly targeted, that indoor dining can actually prevent COVID, and that the city's small businesses cannot survive another round of closures.

For over a half hour Monday night, dozens of residents and business owners expressed similar opinions.

"LA County came to this decision not based on any statistical or scientific data. There is no evidence whatsoever that outdoor dining has contributed to the surge in COVID," said Peninsula Hotel Managing Director Offer Nissenbaum, claiming that he has operated two restaurants for nine months without any coronavirus cases. "The decision by LA County to restrict outdoor dining has put thousands of full-time and part-time employees out of work. This is having a disastrous effect on their livelihoods. Livelihoods crumble when small businesses suspend operations."

In a move to ease the pain, the county is beginning on Wednesday to offer grants of up to $30,000 to small restaurant owners.

Spago owner and co-founder Barbara Lazaroff also pointed to the hardships the ban is causing workers. "I have not seen such despair and desperation in my industry in almost the 40 years that I have been involved in it," she said. "We have adhered to all the health department protocols and even taken further precautions...I truly believe that closing carefully supervised outdoor dining will not stop irresponsible behavior such as reckless underground parties and gatherings brazenly posted on social media - it may just create more need for people to gather unsupervised activities indoors. This community, which tried to save their establishments and care for their staff are literally on their knees."