The 25% Solution

 

There’s an old ad that starts, “I’m not a doctor, but I play one on TV.” It’s a parody on the endless stream of medical TV shows and has been the subject of any number of spoofs itself. Go to any restaurant and your waiter may be a struggling actor yearning for any role, even playing a doctor on TV. Here in New York City, it seems that this make believe is now reality. Beginning today the city’s eateries are allowed to have patrons eat indoors, but before anything may commence your server has to take your temperature and pronounce you fit enough to eat. Forget Obamacare—it seems M.D. now means marinara deliziosa.

Some 25,000 restaurants in the Big Apple, and over 300,000 of their employees, have been robbed clean by Gov. Cuomo, allowed only to provide takeout or delivery. Eventually restaurants in town could add sidewalk dining or sheds in the street. As a summertime diversion, it was all kind of fun—Mardi Gras comes to Manhattan. Nobody had a job, or if they did it was all “remote working at home,” and you could drink on the streets without much of a hassle from the cops. There was a vague Parisian café scene, well that is if the French liked traffic zooming by inches from your table and the leaking stench of garbage bags surrounding you.

Make no mistake, though, the party has been a Potemkin village. Where half a dozen waiters would roam inside in addition to a host and a bartender or two, now there was but one waiter and a manager, the latter doubling as busboy and drink maker. Doing the math, the luckiest of places might put out 25% of their chairs—chairs that had to be back inside by 11:00 PM. Not exactly a recipe for success in the city that never sleeps.

25% is also the percentage of seats that are now allowed for indoor dining. Beyond the expense of hospital-grade ventilation and other requirements more suited to a surgical suite, restaurants have to close indoor dining at midnight. If there seems to be no rhyme or reason to any of this, there isn’t. For months the city has been at an infection level that officials have considered safe for indoor dining. In fact the rest of the state has had indoor dining at 50% capacity, in some counties for months. It’s enough to drive a man to belly up to the bar and try ease this pain with a drink—except drinking inside bars will remain banned.

Why are the Governor and Mayor at war with the food industry? I have no idea. You wonder if this would be so very, very different if they were up for reelection in five weeks. They claim that unlike the rest of the state, the city’s restaurants pose a special health hazard. Pre-Covid, the greatest hazards have been slow service or the eventual, overpriced bill. But breathing is breathing, be it in Brooklyn or upstate Broome County. How one is worse than the other is a legal mystery, one soon to be unraveled. Lawsuits about this very point—how areas with the same infection rates can be treated so differently—have been filed and are making their way through the courts. It will be interesting to see how Cuomo’s lawyers will try to wriggle out of this logic, and if any judge will buy it.

Alas the battle may already be over. While the Mayor has offered outdoor dining as a year-round option, he also says that any enclosed outdoor tents can only have…25% capacity. While enjoying a beer and snack in winter’s cold is an après ski tradition in Park City, Utah, frozen alfresco dining off of Park Avenue isn’t likely to catch on. And with 90% of the city’s restaurant’s unable to make rent last month, 25% capacity, inside or out, is financial bleeding that any doctor—medical or financial—cannot fix. Even on TV.

© 2020 Alexander W. Stephens, All Rights Reserved.