National Restaurant Association Pushes Back on Governor-Imposed Dining Restrictions

The National Restaurant Association is pushing back against further restrictions being imposed on restaurants and bars by state governors as they attempt to stop the spread of COVID-19.

The business association representing the restaurant industry issued a letter to the National Governors Association (NGA) this week citing “no scientific evidence linking restaurants to the increase in COVID-19 cases and urging them to consider policies and regulations that will enable the industry to safely serve their communities for the duration of the pandemic.”

“There is an unfounded impression that restaurants are part of the problem, and we are suffering as a result of inconsistent, restrictive mandates,” Tom Bené, president and CEO of the National Restaurant Association, wrote in the letter. “Data tying systemic community outbreaks of COVID-19 to restaurants has yet to emerge, but we are too commonly labelled as ‘super-spreaders,’ and have become a convenient scapegoat for reflexive shutdowns.”

Bené urged governors to take under advisement the following:

  • Regulations and decisions regarding restaurant operations that are based on facts and contact-tracing data, not hypothetical simulations of transmission.
  • When restrictive regulations are imposed, such as capacity restrictions or shutdowns, it should be clear what health metrics must be achieved to return to the previous level.
  • Restaurant operations should be treated the same as other retail establishments. Shutting down indoor dining should be considered a last option.
  • If a shutdown is mandated, restaurants should be recognized as essential businesses and remain open for off-premises sales (e.g., takeout, delivery, and drive-through), as well as outdoor dining.
  • Restaurants should receive as much advance notice as possible of changing regulations.

As cases of the coronavirus have surged across the country, more states are taking action.

Colorado Gov. Jared Polis has issued new restrictions on 15 counties, including Denver, starting Friday, November 20, that will require restaurants to close for indoor dining but still allow takeout and limited outdoor dining for single families but no groups.

Minnesota Gov. Tim Walz issued restrictions Wednesday that will close indoor dining at bars and restaurants, as well as indoor entertainment, for four weeks, according to the Pioneer Press. Walz also banned social gatherings of people from different households.

Kentucky Gov. Andy Beshear also imposed restrictions banning indoor dining starting 5 p.m. Friday through December 13, according to the Lexington Herald Ledger. Outdoor seating will be allowed but Beshear warned that “packed patios” would mean additional restrictions. Additionally, the state will dip into a $40 million fund to support bars and restaurants.

Over the weekend, the governors of Washington, Oregon, Michigan and New Mexico banned on-site dining at bars and restaurants for the next few weeks.

In Philadelphia, where indoor service did not return until early September, health commissioner Thomas Farley banned indoor dining for six weeks or until the end of 2020.

Los Angeles mayor Eric Garcetti on Monday asked residents to stay home except for essential outings and reiterated California Gov. Gavin Newsom’s non-essential travel ban. Garcetti placed blame for the current uptick on get-togethers, rather than on restaurants or other businesses.

The new restrictions also come as the number of patrons returning to on-premise establishments has ticked up for the first time since July, according to Nielsen CGA, the market research firm’s on-premise arm.

In a recent survey, Nielsen CGA found that 54% of respondents had dined out in the two weeks leading up to the survey period of November 12-16, up from 49% in the previous survey period.

Survey respondents in Florida (62%) and Texas (57%) reported higher rates of dining out than respondents in New York (53%) and California (44%). Between the October and November survey periods, both Florida’s (+9%) and Texas’ (+8%) dine-out rates increased more sharply than New York (+1%) and California’s (+1%).

Those who have returned to bars and restaurants since they began reopening are frequent on-premise visitors — 75% of people who have been back told Nielsen CGA they used to visit these establishments at least once a week before the pandemic. A slightly smaller majority (62%) of those who have not returned said they were once-weekly customers before the pandemic.

“Positively, this suggests the most valuable (by number of visits) consumers have braved returning and are therefore likely to keep going out,” Nielsen CGA wrote.

However, only 44% of respondents said they plan to have a meal out in the next two weeks.