Name: Coronavirus: Alameda County suspends outdoor dining, will seek new state variance
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Coronavirus: Alameda County suspends outdoor dining, will seek new state variance

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Show Caption of By , | and | | Bay Area News Group if you’re having a problem viewing the photos on a mobile device.Outdoor dining is off the table again in Alameda County, officials announced late Friday.“Today we learned the state issued updated guidance, dated July 9th, prohibiting outdoor dining in non-variance counties, which includes Alameda County,” the county said in a news release.The county’s health officer, with state approval, had amended the county COVID-19 shelter-in-place order to of retail stores and outdoor dining on June 19.&nbsp;Under the stricter state guidance, all restaurants, wineries and bars in the county may now only be open for drive-through or pick-up and delivery, according to the county.“Our decision to permit outdoor dining was based on the Health Officer’s assessment that outdoor activities, with appropriate protective measures, carry less risk than indoor activities,” the county’s Office of Emergency Services said in a news release on Saturday morning.Alameda County, the new release said, took the same approach other counties had taken of reopening outdoor dining alongside or shortly before applying for a variance from the state. “At that time the State did not differentiate dining guidance by indoor/outdoor as it now does,” the statement said.Restaurant owners and city officials were quick to react to the news — but the official reactions varied.In Livermore, home to a busy downtown restaurant scene and wineries reopening for outdoor tastings, there will be no crackdown this weekend.“While the press release has new information, neither the County nor the State of California has issued new legal orders,” Livermore City Manager Marc Roberts said in a Facebook posting. “Therefore, the City of Livermore will not be adjusting enforcement this weekend. … Downtown businesses will be notified should the situation change.”On Monday, he added, the city will reach out to both the county and state for further clarification, adding that a variance could resolve the issue. The Livermore Valley Winegrowers Association hopes that’s the case.“The Livermore Valley wineries that chose to open under the existing order have invested significant time and funds to ensure compliance and safety,” executive director Chris Chandler said. “We look forward to the county obtaining a variance, hopefully next week.”Meanwhile, officials in Berkeley, which has its own health department, encouraged restaurants to shut down their outdoor operations. At Tacubaya on Fourth Street, which has been serving at alfresco tables and in a parklet, a manager said it was back to takeout and delivery only until further notice.“It couldn’t be more confusing,” said Kristina Wulff, director of brand development for Sauced BBQ, whose flagship restaurant in Livermore has been hosting customers on their expansive patio since alfresco dining was allowed. Based on city advice, she said, “At this particular time, we are not closing down our patio. When we are required to do so by law, we will.”A expressed empathy for bewildered business owners.“This latest information from the County is confusing and contradicts the previous Alameda County Health Officer Order allowing outdoor dining, and we share your frustration,” the memo from the city noted, adding that “As the largest city in the county, with the greatest number of small and low-income business owners and largest communities of color, the impacts of this confusion fall heavily on Oakland.”Oakland’s news release also suggested that while the city’s enforcement “wouldn’t change,” the state could shut down businesses.Billy Agan, co-owner of the bar Eli’s Mile High Club in Oakland, said there’s been no communication from the county about the rule — he only found out because he happened to see the county’s news release on Twitter.“The county is doing it in a half-assed way where they don’t want to admit they did anything wrong,” Agan said.He said it almost seemed like the county was encouraging businesses to stay open — something some places have already said they plan to do.“It’s as if the county is winking at us saying, ‘The state said no and we said OK,’ ” he said. “I’m confused, honestly.”Even if he were to open, he said most customers probably saw the news of the new order and won’t come. In the meantime, he has employees confused about what’s happening and perishable products sitting in his bar’s fridge that will go to waste if he doesn’t reopen soon.In Hayward, officials decided to go ahead with a city-sponsored event today that would close key downtown thoroughfares to allow for street dining. A dozen restaurants and bakeries are scheduled to participate. The event will start officially at 2 p.m. and run until 10.But their and the comments below it reflected the public confusion surrounding the issue. City officials referred to state “guidance” on outdoor dining, while residents posting comments wondered whether an official order was in effect.The Alameda County situation follows one in Santa Clara County last weekend when outdoor dining was put in jeopardy after armed agents from the California Department of Alcoholic Beverage Control ordered several restaurants in Morgan Hill and Gilroy, in Santa Clara County, to . That move drew condemnation from Morgan Hill and Santa Clara County officials and business owners who said they were never told that they were in violation of state orders.That enforcement action in the South Bay was on Friday, July 3, and was first reported by this news organization on Saturday, July 4. By Tuesday, the state had that allowed it to reopen outdoor dining, as well as gyms, nail salons and barbershops.Alameda County will now seek a variance from the state to allow it to reopen, it said in its Saturday news release, and the county board of supervisors will vote on a letter of support for the variance on Tuesday. That comes after the county had delayed earlier plans to apply for a variance amid rising cases and hospitalizations.“While the data have not become more favorable, applying for a variance is a procedural action that would provide us with the flexibility to ensure that we can continue to allow the activities that the Health Officer determines are lower risk for our community,” the county agency said.Agan criticized the decision not to file for a variance when it told bars and restaurants they could reopen for outdoor seating, saying it exposed them to exactly this kind of uncertainty and sudden rule change.“The county just didn’t do its job and saw other counties that did do their jobs (reopen) and said, ‘I want to do that, we want to be one of the open places,’ ” Agan said.There are no plans to expand reopenings beyond outdoor seating at restaurants, bars and wineries if the variance is approved, the county release said.“We plan to continue to make reopening decisions based on our COVID-19 indicators and data, science, and disease conditions in the County,” the agency said.As of Friday, the county had recorded 7,485 coronavirus cases, the most of any Bay Area county, according to data compiled by this news organization. The death toll stands at 147.Staff writer Annie Sciacca contributed reporting.We invite you to use our commenting platform to engage in insightful conversations about issues in our community. We reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. We might permanently block any user who abuses these conditions.Get Morning Report and other email newslettersFollow UsMost PopularClose

Show Caption of By , | and | | Bay Area News Group if you’re having a problem viewing the photos on a mobile device.Outdoor dining is off the table again in Alameda County, officials announced late Friday.“Today we learned the state issued updated guidance, dated July 9th, prohibiting outdoor dining in non-variance counties, which includes Alameda County,” the county said in a news release.The county’s health officer, with state approval, had amended the county COVID-19 shelter-in-place order to of retail stores and outdoor dining on June 19.&nbsp;Under the stricter state guidance, all...

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Leonardo Castañeda is a reporter covering demographics and the income divide as part of The Mercury News’ Living in the Bay Area team. He graduated from San Diego State University with degrees in journalism and economics, and previously reported in America’s Finest City. He also speaks Spanish, holds strong opinions about burritos and can be reached at 408-920-5012.

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Leonardo Castañeda

Winner of the 2017 Pulitzer Prize for Breaking News Reporting. See the latest news from throughout the East Bay, including Contra Costa and Alameda counties.

Coronavirus: Alameda County suspends outdoor dining, will seek new state variance

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