Memphis Restaurant Association, Inc. - WREG.com

November 25, 2020

Via Hand Delivery Dr. Alisa Haushalter, DNP, RN, PHNA-BC Director, Shelby County Health Department 814 Jefferson Avenue Memphis, Tennessee 38105

Re: Memphis Restaurant Association, Inc.

Dear Dr. Haushalter:

have the pleasure of serving as the Incoming President of the Memphis Restaurant Association (MRA) and will be following the tenure of my colleague Ernie Mellor, whom I understand you have communicated with in the past. As you may already know, the MRA represents its member restaurant operators and supporting businesses of the restaurant industry, which include approximately one hundred sixty-nine (169) restaurants and ninety-four (94) businesses that serve and support the restaurant industry. Please find enclosed a list of names and businesses signing on to this letter representing those that support the pleas included in this letter. Many more will likely join in support after this letter is delivered. We will present these additional signers when we meet next week.

First and foremost, we would like to extend our thanks for your and your department's diligent efforts in these most unprecedented times to protect the health and safety of all members of our community. Thank you.

The MRA and its members have been and will continue to advocate for the health and safety of our families, staff, and community. We have abided by the letter and intent of all health directives, many of us having gone above and beyond minimum requirements. We have suffered and survived through shutdowns, fear, and intermittent voids of information, often being left to fend for ourselves in our attempts to decipher directives, comply with mandates, and do all that was necessary to care of our employees and our customers.

write today to ensure that the public discourse and the Health Department's directives during this pandemic are based in fact and data. We implore you to please help us improve communication, clarity, and understanding and to address our concerns and questions specifically regarding Health Directive 15 and Face Mask Order No. 3 and any future directives which may be forthcoming. Our goal is to strengthen the partnership between our industry, our elected officials, and the Health Department.

P.O. Box 770027 Memphis, TN 38177

www.memphisrestaurants.com [email protected]

Specifically, the MRA's concerns include the following areas:

Communication: We need an open line of communication to address issues related to these directives and related issues as they arise. In light of the attention focused by the Health Department on our industry, a single, designated point of contact within the Health Department with authority to answer our questions or, at least, obtain and provide answers for us in a clear, consistent, and prompt manner would be appropriate.

Data: We need to understand what metrics are being used to make decisions related to our industry and be allowed access to that data so we can better understand and prepare for what may be coming. Understanding the data upon which you base your crucial decisions allows us, as business owners, the opportunity to support your policies through our interactions with our employees and with the public. Access to the underlying data and an understanding of your application of the data in your decision-making processes will also allow us the opportunity to plan strategically four our businesses and make the difficult decisions, both in the short-term and long-term, with a verifiable basis for those decisions, rather than mere conjecture or speculation. Frankly, we all have heard that these are data-driven decisions being made, it is time for us to see and understand the underlying data.

Timin Given the "Trip Wires" plan that was issued in August 2020 as the road map to decision making with respect to opening and closing businesses, why are we not given notice and time to plan versus being forced to merely react to the directives? If there is an obvious trend to cross a trip wire, there should be an equally obvious next step that needs to be conveyed to us so that we can communicate to our customers, staff and vendors that changes) may be coming.

To that end, we respectfully submit that directives posted on a Friday evening with no opportunity to plan or clarify before the implementation the following Monday morning is inexcusable. We need to build a partnership in order for our industry and community to support our leadership, but it is difficult to do so when these tactics are employed to our detriment.

Messaginq: We need to generate a positive message to the public; not one that promotes fear. The spread of this virus is not solely due to dining out by any stretch, and we are working hard and at great expense to do our part. The restaurant industry should not be vilified or scapegoated in the process.

Enforcement: First, we need help. We need the Health Department to enforce the directives it is issuing. Asking businesses and their employees to confront people who have chosen to patronize their establishments regarding the customers' personal behavior is an untenable position. Restaurants have often been left unsure of the specifics of regulations and are, regrettably, being forced to choose where to draw the line between serving our guests and interpreting how far regulations are intended to go.

We ask that you recognize that the vast majority of restaurants are compliant, many going well beyond the standards set. We are a vital part of the Shelby County community and economy and don't deserve to be lumped together with a few bad actors. Blatant offenders have been reported to the Shelby County Mayor's

P.o. BoX ~~ooz~ Memphis, TN 38177


Action Center, and by all anecdotal evidence, these reports appear to have been ignored. We understand that you know the identity of the non-compliant restaurants, so why not focus your resources to bring them into compliance without a blanket policy that punishes everyone?

As part of an improved dialogue, the MRA would like to address the following questions with you. We are standing by to address these items in any forum you may deem most appropriate.

a. Are decisions being made solely on adata-driven basis? If so, what metrics are being used. If there are other factors, what are they?

b. What data indicates that restaurants are the "high-risk settings" that we have been designated?

c. Does this data directly link individual restaurants to COVID cases? If so, have those particular businesses been so notified?

d. How many COVID cases has the Health Department directly attributed to exposure in a restaurant via contact tracing or other means of reporting?

e. We have been told by Tennessee Alcoholic Beverage Commission (TABC) agents that TABC is now involved as additional enforcement and inspection. Is this accurate? If so, how are the efforts of the TABC and the SCHD being directed and by whom?

f. Masks between bites. Is this literal or are guests allowed to leave them off while they have food and drink in front of them? CDC directs us to sanitize when removing masks, and to minimize contact with masks. How are out customers to follow CDC guidelines while masking between bites and sips?

g. With respect to the "household" requirement, is this really saying that co-workers, people on a date, families that live in separate homes, etc. are not allowed to dine together? If so, how would we even begin to enforce this?

We respectfully write to you, not just on behalf of restaurant owners, but on behalf of our staff, our vendor partners and our customers, all of which are stakeholders in the decisions you make. Yes, there are massive economic implications to businesses and tax revenues, but these are the livelihoods of thousands of Memphians. We WANT to be part of the solution. We ask that you help us understand by including us in your considerations and sharing data that helps us help you.

Accordingly, MRA respectfully requests that the "Limited Restrictions for High-Risk Settings" provisions of Health Directive 15 and Section 2(g) of Face Mask Directive 3 be reconsidered and/or that enforcement thereof be stayed pending further review. We further request that no future changes to the requirements in health directives which would affect the



restaurant industry be made without prior consultation with the MRA. Our members desire to cooperate, and am confident that, working together, we can continue to operate restaurants safely and in an economically viable manner.

can assure you that as our knowledge of the virus develops and the restaurant industry continues to develop best practices for operation in this environment, MRA and its members remain steadfastly committed to immediately modifying their procedures and protocols to remain on the cutting edge of safe operation for their workers and customers. To that end, MRA welcomes further discussion with the Shelby County Health Department or third-party experts to consider potential steps that MRA members could implement which would meet and exceed the public health needs while not further endangering the viability of so many of our business and the livelihoods of our team members.

Thank you for your time and attention to this matter. Your prompt attention to this would be greatly appreciated. I look forward to hearing from you. _ f-

Incoming President Memphis Restaurant Association, Inc.

cc: Honorable Lee Harris (Via Hand Delivery)

Honorable Jim Strickland (Via Hand Delivery)

Jennifer Sink (via email: [email protected]) City Attorney

Marlinee Clark Iverson (via email: [email protected]) County Attorney

Brian Yoakum (via email: byoakumCa~evanspetree.com) Counsel to Memphis Restaurant association, Inc.



RESTAURANTS Wally Joe, ACRE Restaurant Sandy Robertson, Alfred's, Dyer's, Automatic Slims, Cafe Ole and Ubee's

Kendall Robertson, Alfred's, Dyer's, Automatic Slims, Cafe Ole and Ubee's

Alison Stukenborg, Alison Stukenborg Photographer

Ben Brock, Amerigo &Char Restaurants Jeffrey Zepatos, Arcade Restaurant Tommy Peters, B.B. King's Blues Club

Bala Tounkara, Bala's Bistro Thara Burana, Bangkok Alley Aldo Dean, Bardog Tavern, Aldo's Pizza Pies, Momma's, Slider Inn

Jeannette Comans, Blind Bear Nikki Napoli, Bone Fish Grill -Cordova Andrew Feinstone, Boscos Squared Martha and Glenn Hays, Cafe 1912 Cathy Boulden, Cafe Eclectic Thomas Barto, Clicks Marco Puerto, Cocina Mexicana Bar and Grill LLC Walker Taylor, Commissary BBQ Shane Farzad, Curfew Nick Scott, Alchemy Christian Georgi, East End Grills. (Winchester and Hwy 64)

Eric Meyers, Eat At Eric's Grill &Catering Sabine Bachmann, Ecco on Overton Park/Libro At Laurelwood

Isidro Gonzales, EI Molino Restaurant Michael Hudman, Enjoy AM Restaurant Group

Andy Ticer, Enjoy AM Restaurant Group

Felicia Willett, Felicia Suzanne's Restaurant Daniel W. Clark, Graceland, Elvis Presley Enterprises Danny Sumrall, Half Shell Mary Johnson, Hog Wild -Real Memphis BBQ Schuyler O'Brien, Hog Wild -Real Memphis BBQ

Ernie Mellor, Hog Wild -Real Memphis BBQ & MRA President

Samantha Dean, Huey's Restaurants Ashley Robilio, Huey's restaurants Lauren Robinson, Huey's Restaurants Steve Voss, Huey's Restaurants Kelly English, Iris Restaurant Group Chris Leach, Itta Bena



Will Dodd, Jerry Lawler's BBQ Frank Kozlowski, Jets Pizza Mary Kozlowski, Jets Pizza Sam Taras, Jim's Place Grille Brandon Caldwell, Kooky Canuck Shawn Danko, Kooky Canuck Lana Danko, Kooky Canuck Alexa Danko, Kooky Canuck Eryn Horn, Kooky Canuck Sharlanda Pendleton, Kooky Canuck Dedrick Porter, Kooky Canuck Nicole Primes, Kooky Canuck Amber Westerfield, Kooky Canuck Amy Zuniga, Maximo's on Broad John Littlefield, McEwen's Bert Smythe, McEwen's Gary Garlington, Memphis Pizza Cafe Jamie Chapman, Molly's La Casita Matt Williams, Moondance Grill Kat Gordon, Muddy's Bake Shop Lawson Baker, Owen Brennan's Restaurant Josh Hudson, Patrick's Neighborhood Bar &Patio Andrew King, Patrick's Neighborhood Bar &Patio

Mike Miller, Patrick's Neighborhood Bar &Patio Julie Neville, Patrick's Neighborhood Bar &Patio Michael McRae, People's on Beale Kirk Cotham, PYROS, Abner's, Wolf River Brisket, and Levee Coffee and Creamery

Chad Foreman, PYROS, Abner's, Wolf River Brisket, and Levee Coffee and Creamery

Anna Blair, Rendezvous Tina Jennings, Rendezvous John Vergos, Rendezvous Don Eschelweck, River Inn of Harbor Town Colleen Depete, River Oaks Jose Gutierrez, River Oaks Michael Patrick, Rizzos by Michael Patrick

Allen Blaylock, Rooster's Chicken Shack Joellyn Sullivan, Silky'O'Sullivan's Raymond Williams, Soul Fish Cafe Ed Cabigao, South Of Beale



Matt Wilson, Swanky's Taco Shop, Cheffie's Cafe Ryan Trimm, Sweet Grass •Sunrise • 117 Prime Stephanie Westmoreland, Tandem Restaurant Partners LLC Tony Westmoreland, Tandem Restaurant Partners LLC Eric Vernon, The Bar-B-Q Shop Karen Carrier, The Beauty Shop Restaurant David Edwards, The Edge Danny Sumrall, The Half Shell Restaurants Lynde Sumrall-Tackett, The Half Shell Restaurants Deni &Patrick Reilly, The Majestic Grille, Cocozza American Italian Scott Boucher, The Peabody Hotel Chuck Brownlee, Tops Bar BQ Terry Trim, Tops Bar BQ Chris Wing, Tops Bar BQ Ben Smith, Tsunami Restaurant Torrey Shoaff, Wally Hatchet's

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Robert Ray, Alpha Energy Solutions Buddy Gaynor, Athens Distributing Christopher Green, Athens Distributing Lyle Pierson, Auto-Chlor System Trey Liebenrood, Ben E. Keith Jonathan Aur, Boyle Investment Company Myles McGuire, Caravan Supply Company Pat Taylor, Cleaner Solutions Jeff Cantrell, Community Coffee Ron Martens, Community Coffee Brian Cruzen, Cruzen Advertising Cory Scroggin, Ecolab Inc. Karen Massey, Empire Distributors Tom Whitley, Enviro-Master Memphis Regan Sherwood, Evans Petree Brian Edwards, Everything But The Food POS &Restaurant Technology Services Alan Everett, Federal Equipment Dealers Hugh Cox, Fibrenew Greater Memphis Micki Beene, Gem Restaurant Supply John Hooper, Gem Restaurant Supply James Michaels, Gem Restaurant Supply



Charlie Miller, Gem Restaurant Supply Clara Miller, Gem Restaurant Supply Donna Newman, Gem Restaurant Supply Wade Phillips, Gem Restaurant Supply Hale Barclay, Gem Restaurant Supply Kristin Marshall, Grind City Brew Hopper Seely, Grind City Brew Caitlin Moore, Hospitality Control Solutions Cindy Brewer, Leo Events Andy Ashby, Memphis Made Brewing Tim Landers, Old Dominick Distillery Gary Bellanti, Open Road Technologies D Matthew Patrick CPA, Patrick Accounting &Tax Services, PLLC Marty Hall, PepsiCo Frank Grisanti, Performance Foodservice Jayson Scott, Royal Cup Coffee Sidney Jones, S. Berry Jones -Architects Brian Edmonds, St. Clair Foods John Seay, State Systems, Inc. Charlie Cage, Sysco Memphis Louis Costabile, Sysco Memphis Peter Katsotis, Sysco Memphis Tami Tabb, Sysco Memphis Mike Westbrook, Sysco Memphis JR Moorehead, The Kitchen Guys Memphis Shawn Massey, The Shopping Center Group Lee Raney, Tiger Promotions Jay Hoffman, Tradebank of Memphis Bob Brown, UCL Financial Group LLC Jimmy Kiser, US Foods Mary Schmitz, Welcome to Memphis, Memphis Tourism



Memphis Restaurant Association, Inc. - WREG.com

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