As with so many aspects of the COVID-19 pandemic, there had to be a learning curve for Chicago restaurants and bars as they reopened in early June — something the Department of Business Affairs and Consumer Protection emphasized at the time.
Guidelines changed on a near-weekly basis, with outdoor-only dining quickly expanding to conditional indoor dining. Cocktails initially could not be ordered for pickup and delivery, but then they could. In July, the city abruptly rolled back indoor service for bars. Just last week, mask requirements changed.
But right before the July Fourth weekend, the city made it clear: The grace period was over, and establishments faced fines up to $10,000 and potential closure if they didn’t comply with restrictions.
“Your financial fate is in your hands. Follow the rules or you’re going to suffer the consequences,” Mayor Lori Lightfoot said she warned bar owners on a conference call leading up to the holiday weekend.
As the news rolled out, bar and restaurant owners began expressing their frustration with the eye-catching potential fines. Many said they wished there was more leeway or some sort of warning system before the city levied a fine that could financially devastate them. However, very few wanted to speak publicly about it, for fear of being targeted by enforcement agents and punished for speaking out.
For some, flying under the radar is their best bet at staying open and making ends meet, they said — especially with investigators looking to enforce guidelines.
These frustrated owners aren’t looking for special treatment or a handout, said Virginia Thomas, who became one of the owners of Lakeview craft beer cafe and bottle shop Beermiscuous in March. To her, they’re just trying to do the best they can with the little they have, hoping their business will survive.
“Frustrating isn’t the word,” Thomas said. “The hardest part, for me, is that it feels like we’re blocked at every turn.”
At Beermiscuous, sanitizing and safety protocols are stricter than the city’s guidelines, but Thomas said it’s impossible to know what the future holds even when the rules are followed, thanks to the tumultuous nature of the pandemic.
“We’re taking this really seriously,” she said. “But we can’t really afford (a fine) right now. It (feels like) it’ll be three weeks before we’re closed again.”
Out of nearly 200 businesses cited for violating COVID-19 guidelines between June 5 and July 22, about 1 in 5 were food and beverage establishments, according to city records the Chicago Tribune acquired through a Freedom of Information Act request.
More restaurants and bars have since been cited and, in some cases, temporarily shut down until they could present better safety strategies. Among them were Cork & Kerry in the Beverly neighborhood, Second Time Around and Barba Yianni.
The final cost of issued fines is determined on a case-by-case basis, after the city reviews the citations and meets with the establishment. Some restaurant owners said that, despite being cited in early June, they have yet to have their initial meeting with the city, leaving them with no idea how much they’ll end up owing in fines.
Receiving a $10,000 fine would decimate a business, several owners said. Many are making up for losses they accrued during the spring lockdown. Others said they are frustrated that the officials they typically look to for leadership seem to be fumbling the reopening.
And as city officials continue to issue citations, the business owners say they’re starting to see the city as less of a partner and more as a punisher.
For Thomas, her main grievance is what she sees as a lack of transparency from the city surrounding inspection, enforcement, and contact tracing after a business has been cited. She’s also frustrated by the leeway she said restaurants have received in comparison with businesses with only a tavern license, like hers.
“I didn’t think as a bar owner that I would be pampered or treated specially, but I feel like there’s a clear emphasis that restaurants get priority, and that’s disappointing and upsetting,” Thomas said. “I don’t want to put out the impression that I think we’re special. I just don’t know what else to do anymore, other than be vocal.”
Thomas said the city is arbitrarily drawing lines, issuing different rules for, as an example, a masked customer ordering a vodka soda at a restaurant and one ordering a craft beer at Beermiscuous. The tougher restrictions make it harder for bars to draw customers and serve them, she said.
Even outdoor seating feels like “a Band-Aid on an amputation, and we’re being asked to be thankful for it,” she said. To Thomas, the decision to allow restaurants to open before bars seems flippant, as do the protocols for when COVID-19 is found at an establishment. She questions how much scientific evidence is behind them, despite Lightfoot’s assurances that her decisions are based on recommendations from the Centers for Disease Control and Prevention.
And while businesses like hers are doing everything they can to adhere to the ever-changing rules, the city needs to make sure customers are educated on the latest guidelines as well, she said.
“We want the bad actors to be called out. I want them to be inspected, but I also recognize there has to be a learning curve,” Thomas said. “The city keeps saying the time for education is over, but I have multiple customers coming in every day (who don’t) know they can’t buy after 9 p.m., and they can’t be seated in my bar.”
Turkitch, a Turkish restaurant in Lincoln Park, was one of the restaurants cited for violating COVID-19 guidelines. Owner Ozkan Yilmaz blamed an angry customer for catching the city’s attention.
In his retelling, a customer came into the restaurant on one of its first days after reopening and got upset because indoor seating was not permitted, in line with city guidelines. The customer threatened to call inspectors as a way of punishing the restaurant, Yilmaz said.
When investigators came, they cited Yilmaz for not having enough social distancing signage posted. Yilmaz had already ordered more signs, but they hadn’t arrived in time for the inspection, he said. He didn’t receive a $10,000 fine, but Yilmaz said he can easily envision how such a fee would shutter a small operation like his.
Turkitch has not received any loans or assistance from government relief programs, and restaurant staff wore masks even before the coronavirus requirements, Yilmaz said. He has been cleaning the store every day, including with UV light, and following city sanitation and masking guidelines, he said.
But between uneducated customers, skyrocketing prices for kitchen and sanitizing supplies, and increasingly demanding landlords, reopening has been tough, Yilmaz said.
Keeping abreast of the latest guidelines to ensure compliance is no small feat. At Beermiscuous, Thomas said she has worked with three aldermen to make sure she has the correct information — an experience that “feels laughable and almost insulting,” as even the elected officials express having difficulty keeping up with each development, she said.
Thomas wants to add a patio and get a food license for the beer cafe, but is worried about the additional costs it would put on top of the struggling business. Beermiscuous can’t cash in on offering to-go cocktails, which have been a lifeline for bars that serve liquor. And without filling growlers or canning beers, the craft beer industry can end up with margins worse than those for wine and liquor sales.
“Our ownership style is not to ask for forgiveness, but to ask for permission,” Thomas said. “This is our livelihood. We only want good things for our customers and communities and our business, but we’re just not being given the tools.”
Some restaurant owners, however, believe the $10,000 fine is fitting — and at times, even necessary.
Michael Lachowicz, owner of George Trois Group (Aboyer, George Trois and Silencieux) in Winnetka, said he’s tired of hearing complaints from both inside and outside the restaurant industry. The mayor’s office has supplied months’ worth of briefings, which he said should be sufficient for any business owner to know what the rules are.
After consulting for bars and nightclubs in River North, he hypothesized that, for the spots that are normally huge moneymakers, a $10,000 fine would be seen as merely a “slap on the wrist.”
“What I’d like to see happen is that we all help each other, not complain about being punished for doing something wrong,” said Lachowicz, who has been in the restaurant industry for 35 years. “I don’t believe that any of the problems we’re having in our city or state (are) the problems of the guest. The problems are driven by irresponsible ownership.”
With ample access to information from media reports and the Illinois Restaurant Association, business owners have little excuse for breaking the rules, he said.
Those who are fined for violations like being over capacity “were doing a cash grab to try to catch up,” Lachowicz said. “And it doesn’t work that way.”
Rachel De Marte, owner of Avondale’s Pisolino Italian Market, said although guidelines have undergone rapid changes, the bottom-line requirements have remained clear throughout. She said enforcing guidelines should be a priority for businesses — after all, no one wants to be the genesis of a COVID-19 outbreak.
And there are resources out there for struggling restaurants, Lachowicz said.
“If you ask for help in this industry, the camaraderie dictates that the calvary will show up,” Lachowicz said. “I feel terrible for people who are having a hard time getting a hold of aldermen whose districts are overwhelmed with requests for information. But the Illinois Restaurant Association is absolutely responsive.”
People in the restaurant industry need to rely on one another more than ever, De Marte said. Those who are frustrated or confused can join local industry Facebook groups, where their peers offer support, information and advice.
“I definitely think people need help, and they need to ask for it,” De Marte said. “They can’t play that card for very long of ‘I don’t know.’ Right now, you have to know as much as you possibly can.”
