Eateries, retailers reopen on trust basis
Complaints will drive enforcement of rules
Local officials will rely on voluntary compliance and public complaints to enforce new rules Friday as restaurants and retail businesses in Texas are allowed to serve customers inside for the first time in more than a month.
Gov. Greg Abbott has touted his order to reopen Texas businesses, which takes effect Friday and supersedes stay-home orders from Harris County and others across the state, as a measured approach to protect public health while kicking the economy back into gear. It lets retail businesses, restaurants, movie theaters and malls open — but only at 25 percent capacity.
Texas on Thursday reported its highest single-day death tally of the COVID-19 pandemic ahead of the reopening, adding 50 Texans to the toll. The state also added more than 1,000 new positive cases, the biggest such jump since April 10.
In announcing his reopen order on Monday, Abbott said local jurisdictions mostly would bear responsibility for enforcing its restrictions, but no agency in Harris County has said it plans to conduct patrols or otherwise proactively visit businesses to ensure the rules are followed.
“Quite frankly, it’s going to be on a trust-you basis, and self-polic
ing,” Mayor Sylvester Turner said Thursday. “We simply don’t have the resources to be going all around the city of Houston to be checking to see whether or not you’re following the 25-percent occupancy limit. So, please adhere to the rule.”
He added that police and fire marshals have the authority to ensure compliance if that need arises. The order is punishable by a fine of up to $1,000 and 180 days in jail, punishments that some state and local officials decried as draconian when they accompanied Harris County Judge Lina Hidalgo’s now-overridden mandate to wear masks here.
Fire marshals generally are charged with imposing occupancy limits in businesses and buildings. Houston Fire Chief Samuel Peña said his department’s inspectors would continue their methodology from the earlier, local order that restricted restaurants to takeout and delivery: Respond to complaints and — mostly — ask for compliance. He said his department has responded to 3,000 reports from residents about businesses in violation of the local order and issued just nine citations since it took effect March 17. Businesses already are required to post their occupancy limits and that will be the benchmark, Peña said.
Harris County officials said they would take the same approach to enforcement. The county fire marshal’s office said it has not issued any citations for violating the earlier restrictions. When one restaurant said last week it would defy the stay-home order, it met no resistance from local law enforcement.
“All along, our primary enforcement tool has been education. That will continue as the governor’s order kicks in,” Hidalgo said in a statement. “We’ve made it this far because of residents’ sacrifice, hard work and commitment to looking beyond themselves and toward saving lives. We ask that residents continue that spirit of unity, staying home and refraining from interacting with groups of people beyond their own family to the greatest extent possible. We’re not through this yet.”
The complaints the fire department received involved nonessential businesses and other violations of local orders, according to records of 311 calls from March 19 to April 24. One eatery was issued a violation April 22 when officials found “1 person eating inside and 3 police officers dining (in the) outdoor patio area,” records show.
Abbott’s order also allows museums and libraries to open in cities that permit it. Houston is letting museums open if they follow guidelines from the order and the U.S. Centers for Disease Control, but the Houston Public Library will remain closed through May. Noncontact sports, such as golf and tennis, that do not involve more than four people also are allowed.
Dr. David Persse, the city’s health authority, said businesses must be mindful even when following the limits. He said they should not merely close off three quarters of their businesses, but space customers and diners across the full area while limiting the number inside. He and other local officials asked residents to remain vigilant in social distancing to avoid a spike in cases.
The Greater Houston Partnership has released guidance and expanded practices for businesses on its website. Its 15 principles include requiring workers with symptoms to stay home and establishing anonymous complaint channels, among others.
“All of our material is focused on what companies should be doing at this time, but we don’t get into what happens if they don’t follow the rules laid out by the governor,” said spokesman A.J. Mistretta. “We’ll leave that up to law enforcement and government officials and we don’t have details from them right now on how/ when enforcement will be carried out.”
The Texas Restaurant Association likened Friday to a “soft opening,” saying about half of the establishments it surveyed plan to open under the new rules.
“I think it’s a big day, not only for Texas and our restaurant community, but we can tell that the nation’s watching,” association President Emily Williams Knight said. “So, the way we walk through this tomorrow and begin our reopening process, I think we’re going to teach the other states a lot.”
Restaurant managers have been scrambling to get staff back and ensure they are trained with the latest health protocols, Knight said. They also are working to make sure they have enough stock for their menus.
Chris Porter, a spokesman for the Texas Alcoholic Beverage Commission, said the agency would monitor its licensed businesses for the latest guidelines about selling liquor. Restaurants still can sell alcohol curbside, but it has to be in sealed containers not larger than 375 milliliters for spirits, and accompanied by food that has been prepared on premises.
Even then, Porter said the TABC’s enforcement efforts mostly would be educational.
“Once we receive reports of a TABC-licensed business that’s operating outside of the guidelines in the governor’s executive order, we’ll make contact with that business owner to discuss the ways they can legally operate. These will be informal discussions, and no warnings or penalties will be issued,” he said.
“If a violation occurs after this discussion, TABC could take additional action. This will be a last resort.”