The Oklahoman

State reveals though process behind bar restrictio­ns,

- By Josh Dulaney and David Dishman

Editor's note: Recently filed sworn statement san de vidence submitted by the state of Oklahoma in a legal case against several bars shine light on the thought process behind the governor' s decision- making process for COVID- 19related restrictio­ns and the current state of hospital capacity. This story is one of two, and The Oklahoman is reporting on the court case as it continues.

Gov. Kevin Stitt and other members of Oklahoma' s COVID-19 task force implemente­d some proven methods to reduce the spread of the disease, while ignoring others that worked around the country.

In a court case to determine whether St it tc an impose a curfew on bars and restaurant­s, evidence submitted by the state to justify the curfew also acknowledg­es the effectiven­ess of mask mandates in reducing the spread of COVID-19.

“Mitigation measures, including mask mandates, that are implemente­d and enforced statewide appear to have been effective in decreasing the spread of COVID- 19 in Arizona,” according to one of the CDC case studies submitted as evidence by the state.

Sworn statements by members of the state's task force, including Oklahoma Health Commission­er Lance Frye and John Budd, the state's chief operating officer, show the decision to restrict bars and restaurant­s is due to increased risky behavior associated with alcohol consumptio­n.

“There is no specific time of day, place, or behavior that makes COVID-19 transmissi­ble,” Frye said in a sworn statement to a district court judge .“But bars and restau rants are the high-risk environmen­ts for the transmissi­on of the virus.”

“The fact that this activity is conducted in crowds of strangers only adds to the risk of spreading the virus,” Budd said. “Cognitive impairment and risk of spread only worsen the later it gets in the evening due to increased drinking, growing crowds and reduced inhibition­s.”

Many other activities are listed as high-risk, according to the state-submitted documents.

Attending a religious service with 500 or more participan­ts, going to a sports stadium, attending a large music concert, going to a movie theater, going to an amusement park, working out at a gym and eating at a buffet were all in the highrisk category, according to a piece of evidence from the Texas Medical Associatio­n.

As COVID-19 cases surged in November, Stitt called for reduced capacities and other forms of mitigation efforts through executive order— but he would not commit to implementi­ng a statewide mask mandate and the only curfew was for on-premise consumptio­n at bars and restaurant­s.

“I believe it' s unenforcea­ble ,” St it ts aid recently regarding am ask mandate .“I don't believe in a one-size-fits-all approach.”

Stitt did not return requests for an interview at the time of initial publicatio­n for this story.

Declaratio­n of Dr. Lance Frye

In December, Oklahoma County District Judge Susan Stallings granted the six plaintiffs a temporary restrainin­g order against Stitt and the Oklahoma Alcoholic Beverage Laws Enforcemen­t Commission.

ABLE said it wouldn't enforce the curfew at any Sooner State bar or restaurant until the case was resolved.

In his sworn statement to the judge, Frye, who serves on the Governor's Solution Task Force, said the virus is most transmissi­ble in indoor environmen­ts, and environmen­ts and behaviors that make mitigation efforts like social distancing and wearing masks difficult or impossible are among the highest risk for transmissi­on.

Frye said since COVID-19 began to spread in Oklahoma in March, the state has had to balance “protecting public health, including our most vulnerable population­s, with keeping Oklahoma's businesses open safely.”

Oklahoma was one of the last states to close non-essential businesses and one of the first to begin “safely” reopening the economy, Frye said.

However, in late October and early November, Oklahoma experience­d a significan­t spike in cases, causing an increase in hospitaliz­ations.

The Task Force tried to identify areas where disease transmissi­on could be decreased without disrupting commerce in Oklahoma.

“The mitigation option that would have provided the most significan­t impact on the reduction of case transmissi­on was to close bars and limit restaurant­s to carry-out or delivery only, but exercising this option would have a highly detrimenta­l impact on all bars and restaurant­s across the state,” Frye said.

In an attempt to balance protecting public health and keeping Oklahoma's businesses open safely, it was decided to enact a curfew in bars and restaurant­s for on-premises consumptio­n of food and alcohol instead of a complete closure.

Frye said the 11 p.m. curfew was based on several factors.

“First, the later into the evening it becomes, the less patrons are present for eating, an essential activity, and the more patrons remain for consuming alcohol, a non-essential activity,” Frye said.

“Second, as alcohol consumptio­n increases, individual­s are more likely to engage in risky behavior. This high- risk behavior includes not masking between drinks, not distancing, and maintainin­g close contact with individual­s outside of the household for extended periods of time.”

Declaratio­n of John Budd

In a sworn statement, Budd, the state' s chief operating officer who also serves on St it t' s task force, said the roughly 25-member group of Budd expert si ni

ti ally met seven days a week as the outbreak hit Oklahoma.

In trying to slow the spread, the task force collected and relied on evidence and opinions from the Centers for Disease Control and Prevention, local health experts, business advocates and other experts, Budd said.

“We heard evidence from researcher­s at Google that their data showed that closing bars and restaurant­s would have the biggest impact in containing the spread of COVID-19 relative to other non-pharmaceut­ical interventi­ons,” Budd said.

“The same researcher­s at Google found that small reduction sin COVID- 1 9 spread through prevention would result in significan­t improvemen­t to the economy both by way of increasing consumer confidence and reducing costs.”

That economic impact report is also included as part of the state's evidence. The Google analysis shows that for every 1% decrease per 100,000 cases, the state would avoid more than $14 million in medical costs annually, as well as recover more than $2 million in state revenues.

However, for every 1% increase per 100,000 cases, the state GDP would only decrease by 0.01%, according to the Google report.

During the fall increase in cases, the task force met with medical, business and policy experts to come up with a solution to slow the spread of the virus with “minimal impact to Oklahoma business and essential services.”

Budd said the 11 p.m. cutoff on serving alcohol at bars and restaurant­s for on site consumptio­n would help curb the spread of COVID- 19 in Oklahoma.

Budd said bars are conducive to the spread of viruses due to close, personal contact indoors, lack of facial coverings, loud talking, standard bar activities like dancing and singing and playing games, and reduced cognitive function for good decision-making due to drinking alcohol.

 ?? [BRYAN TERRY/ THE OKLAHOMAN] ?? Gov. Kevin Stitt arrives with health care leaders for a COVID-19 news conference in November.
[BRYAN TERRY/ THE OKLAHOMAN] Gov. Kevin Stitt arrives with health care leaders for a COVID-19 news conference in November.
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