A Total of 22 of Oregon’s 36 Counties Open for Indoor Dining Friday
FOR IMMEDIATE RELEASE: February 9, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Industry Operator | Dixie Tavern Access: Dan Lenzen, Co-Owner of Dixie Tavern 503.516.5249 | danl@venturehre.com Wilsonville, OR– Hundreds of Oregon restaurants will open their doors to indoor dining starting Friday, February 12 as case counts per 100,000 residents drop below the coveted 200 case mark over the course of the previous two weeks in specific counties. As industry suppliers and restaurant owners scramble to safely open for indoor dining, two prevailing issues remain – continuity of restaurant operations and getting employees back on the schedule. “Today’s announcement represents a significant step in the right direction,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “It’s our job to make sure the Governor’s Office and Oregon’s Legislators understand what we think will happen next because of today’s news. Top on the list are the challenges facing small businesses attempting to manage two weeks of operational certainty at a time which includes finding workers who are trying to pay monthly bills. And we must acknowledge the 14 counties with restaurant operations still trying to survive in the winter with no indoor dining.” Opening and closing restaurant operations continues to be cited as the number one challenge facing the industry with the biggest issues revolving around worker schedules and forecasting food supply needs in a limited time period once announcements on changes are made. “It is our job to be there for our workers and we will be doing our best to explain the uncertainty surrounding future work schedules,” said Dan Lenzen, Co-Owner of Dixie Tavern in Portland. “I hope our ability to open indoors represents a turning point allowing us to be open longer than two weeks. To stay in business, we need the ability to safely use some of the space inside our restaurant consistently and provide the jobs that go along with it.” February 12 appears to represent a key marker in the fight to mitigate virus spread as most Oregonians will now have indoor dining back as an option in their community for the first time in months. Still, restaurant operators in 14 counties continue to rely on Payroll Protection Program funds, limited outdoor operations if available, and takeout/delivery to scrape by. Approximately 38 percent of Oregonians still live in a county where indoor dining is not currently available. “We continue to be faced with incredible headwinds in the restaurant industry with the ban on indoor dining in Marion County,” said Conrad Venti, Co-Owner of Venti’s Taphouse and Basement Bar. “Every change we have managed as a company has impacted our employees just as much. We have permanently lost several long-term employees, including management, who have chosen to move on to other industries because of the complete instability and continuous changes we’ve had to face in the last year.” “With recent numbers trending in the right direction I was hopeful we would be inviting our guests and community back in to dine with us, and bringing employees back to work,” said Kevin Boyles, Co-Owner of Sassy Onion Restaurant in Salem. “Being in the extreme risk category while most of the state reopens is even more frustrating knowing my long time customers are able to make a small trip and enjoy a dining experience elsewhere, while my business continues to suffer.” ORLA is mounting a grassroots effort of industry professionals this week to continue encouraging outreach to Oregon’s Legislators and Governor Brown’s professional staff given the clear divide being experienced in a state with just over half its restaurants open while the others attempt to hold on. “We know firsthand how difficult it is for Oregon’s restaurant industry to ramp up their businesses two weeks at a time,” said Brandt. “Our goal in facilitating ongoing communication is to provide our elected leaders and their professional staff with the personal stories behind these challenges in hopes of providing more runway and a glide path for work schedules Oregonians can rely on. The easiest way to accommodate this would be to move to a system based on Low, Moderate, and High COVID-19 risk in each county and eliminate the Extreme Risk category altogether. Having three levels of risk instead of four would provide an additional level of flexibility needed as restaurants continue their fight for survival.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to. Data assessment shows a lack of correlation between economic sanctions and virus mitigation FOR IMMEDIATE RELEASE: January 26, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Featured Industry Operator / On-Site Access: Treva Gambs, Gamberetti’s Italian Restaurants 503.881.5761 | Treva@gamberettis.com Wilsonville, OR– Oregon’s restaurant and lodging industries continue to suffer greatly according to the latest data made available by the Oregon Employment Department. Leisure and hospitality businesses lost 25,500 jobs in December. An announcement today from the Governor’s office is welcome news for lottery retailers, restaurant operators with functional outdoor dining space, and Oregon’s lodging industry eager to bring amenities including indoor pools and hot tubs back online for their guests. Still, thousands of restaurant operators are not assisted by these helpful modifications if they are not lottery retailers and lack available space for outdoor dining options. “Oregonians in our industry can’t pay their monthly bills with two weeks of employment certainty at a time,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “The reality of the 2-week county risk category assessments is taking us down a dangerous path where tens of thousands of Oregonians no longer have paychecks again. The lack of continuity in operations is permanently altering too many Oregonian livelihoods. We must open some indoor dining statewide now, and we can do it safely.” Oregon’s aggressive economic restrictions on one of the state’s largest private sector employers continues to lack data to substantiate the disproportionate sacrifices being endured by these small business operators. According to weekly reports by the Oregon Health Authority and a declaration from Dr. Dean Sidelinger in federal district court, Oregon’s foodservice industry accounts for less than 1 percent of all workplace outbreaks and 4.7 percent of Oregon’s overall outbreaks, respectively. Yet, Oregon’s foodservice operations continue to be shut down in the vast majority of the state. “It doesn’t make sense to me how I can have all this space to safely spread out my customers in my restaurant and have the government continue to tell me I can’t use it when I know I can do it safely,” said Treva Gambs, owner of Gamberetti’s Italian Restaurants in Salem and Albany. “The discrimination we are facing is keeping me from taking care of my employees and my customers in ways that can really help our communities get through an emotional and depressing time.” A recent analysis of December data on the status of restaurant closures across states with mask mandates shows no correlation between the number of cases and deaths and the decisions to close indoor dining. The chart below illustrates the lack of connectivity. In addition, the year 2020 included multiple press conferences highlighting the lack of data to close foodservice operations across Oregon. Governor Brown and Dr. Dean Sidelinger shared comments in press conferences on multiple occasions acknowledging the lack of connectivity to the hospitality industry during periods of the year where hospitality businesses remained open and case counts remained low. “ORLA will continue our call for a reconvened Economic Advisory Council to solve a chronic problem we currently face – there is no formal dialogue taking place between government officials, health advisors, and industry leaders to fully understand the devastating impacts prolonged restrictions are having on all aspects of Oregon’s once thriving hospitality industry,” said Brandt. “The data above should bring us all to ask one important central question – what evidence is there to justify the crippling impacts of ongoing closures on Oregonians?”
For more information on the efforts of the Oregon Restaurant & Lodging Association, please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to. Update Jan. 15, 2021: Food Waste Policy Delayed
Effective February 1, 2021 Metro is delaying implementation of the Business Food Waste Requirement by an additional year. The policy, which requires establishment of a business food waste collection program for certain food service businesses, was originally scheduled to begin on March 30, 2020. On September 10, 2020 Metro amended associated administrative rules to delay the effective date by one year to March 30, 2021. After careful consideration of the ongoing effects of COVID-19 on the business community, implementation for the largest businesses will be delayed by an additional year--to March 30, 2022. Administrative rules will again be amended effective February 1. Read rules here. Update Aug. 25, 2020: ORLA commends Metro for taking action in response to these uncertain times by drafting rules to delay the business food waste requirement by one year. We have submitted comments to Metro asking that the implementation be delayed until all jurisdictions enter into Phase 3. To read our comments, click here. Update Sept. 21, 2018: Metro has updated draft administrative rules to guide the implementation of its business food scraps separation policy, adopted by the Metro Council on July 26. The draft administrative rules were available for public comment through Friday, Sept. 28. Read more. Portland Area Businesses to Be Subject to Food Scrap Policy As part of ORLA's ongoing engagement with Metro on the food scraps, ORLA President & CEO Jason Brandt and Director of Business Development Marla McColly recently testified at Metro’s public hearing against the proposed food scrap mandate. ORLA and our members have been involved in the past in the voluntary collection of food scraps and we testified to that fact and the fact that participants in the past have exceeded the goals set by Metro. (Read ORLA's comments) We also raised concerns about the logistics of food scrap collections across the Metro area, about the implementation dates and about issues around public health and safety if food scraps are not picked up in a timely manner. In addition to ORLA there was opposition to the plan from local governments in both Sherwood and Hillsboro, citing the lack of analysis on the costs to implement the new mandate and the ability of local governments (especially in Washington County) to efficiently dispose of food waste. Despite ORLA’s efforts and those of local governments, Metro Council voted in favor of the staff recommendation for a food scrap mandate on a 7-0 vote. The mandate is scheduled to start on March 1, 2020 and will be implemented based on the amount of food waste generated by businesses. ORLA will continue to monitor the implementation of this program and provide information to our members. As the program is rolled out, if you experience problems or have concerns, please share those with Greg Astley, ORLA Director of Government Affairs, at Astley@oregonrla.org so we can keep Metro informed as to the effectiveness and success of their mandate. In the news
[Announcement 2.2.21] - Oregon OSHA proposes permanent rule addressing COVID-19 in all workplaces Oregon OSHA is proposing a permanent rule that largely maintains – with some improvements – the risk-reducing measures required by the current temporary emergency rule. It would replace the temporary rule, which expires on May 4. The proposed permanent rule will receive virtual public hearings later this month and in early March. Although the rule must be adopted as a permanent rule because the law does not allow a temporary rule to be extended, Oregon OSHA expects to repeal the permanent rule once it is no longer needed to address the coronavirus pandemic. Read more. Virtual public hearings will be held at 10 a.m. on Feb. 23 and Feb. 26, and at 5 p.m. on March 3 and March 4. ORLA encourages industry members to sign up for the hearings or for commenting on the proposed rule to share your experiences and perspectives. The comment period will close on April 2. Visit the OSHA website for details. [Update as of 1.11.21] - OSHA Puts Pause on Rulemaking ORLA, in collaboration with other business groups urged Oregon OSHA to make the temporary Infectious Disease rules permanent (read letter). Given how much time and resources businesses put into complying with the rules, now is not the time to make drastic changes. These temporary rules have only been in place since mid-November, and businesses need time to adjust before adding new regulatory burdens. On January 11, OSHA backed down and said they will not pursue new changes to rules for COVID. The temporary rules will be the permanent rules until we get through the pandemic and then OSHA will rescind the permanent rule at that time and revisit.
[Update as of 12.8.20] - Oregon OSHA Rule Updates: Grace Period Extended, Training Offered Grace Period OR-OSHA will grant a 3-week extension to restaurants, gyms and other businesses impacted by the freeze/the new county risk levels. All other businesses are granted a 1-week enforcement grace period IF they are actively working to comply. Read memo from OR-0SHA. Training Materials OR-OSHA has released an online interactive education course designed to help employers meet four of the 10 training requirements found in their COVID-19 rules. The 1-hour course begins with an explanation of the dangers of COVID-19 and why the temporary rules were adopted. The course is then divided into four modules: Introduction; Signs, Symptoms and Transmission; Control Measures; and Conclusion. The course is available in both English and Spanish and should be incorporated with your other training planned under the rules. Find English Course and Spanish Course. You can also download the presentation as a PowerPoint (scroll to bottom of page). While not required, OR-OSHA also included a model ‘training verification form’ for employees. OR-OSHA also released completed Exposure Risk Assessment and Infection Control Plans over the weekend:
Important Timelines to Remember:
*Reminder you do not need to submit your Exposure Risk Assessment or Infection Control Plan to OR-OSHA for review. Your Infection Control Plan (if you have more than 10 employees or are an “Exceptional Risk Workplace”) needs to be available in writing to your employees at the workplace. Helpful tools to-date:
[Update as of 11.6.20]
The final OSHA Temporary Rule addressing COVID-19 has been released. As a reminder, as Temporary Rules these are allowed to be in effect for 180-days. A discussion about making them permanent (possibly expanded/revised) is expected to begin in the coming weeks.
Effective Date: November 16, 2020 to May 4, 2021
Delayed Effective Dates:
Several resources are now available online under “Documents,” with more on the way in the weeks to come. OSHA also offers consultation services and technical specialists to help employers comply with the requirements. View the entire Temporary Rule here: https://osha.oregon.gov/OSHARules/div1/437-001-0744.pdf View workplace chart for application here: https://osha.oregon.gov/rules/advisory/infectiousdisease/Documents/Overview-Table-for-Oregon-OSHA-COVID-19-Temporary-Rule.pdf OR-OSHA also released a fillable Exposure Risk Assessment to download – for use by employers in their compliance. We expect additional training tools to be released in the coming weeks including, model Infection Control Plans, videos for use in employee training and a sample/model Employee Notification Policy. Update as of 10.28.20 There is a lot going on right now at the Oregon Occupational Safety and Health Administration (OSHA) and we wanted to provide a direct update to summarize all the activity. There are 3 separate public processes occurring at Oregon OSHA. Please take a look below and click through on any link if the issue is one you wish to provide comment on. If you’re interested in ORLA's perspective on each item, see the “ORLA Notes” with each paragraph below. (1) COVID-19 Temporary Rulemaking Oregon OSHA has initiated a process to create an infectious disease control standard temporary rule for all workplaces in Oregon. The process has included taking Phase 2 guidelines for our industry from the Oregon Health Authority and housing them at Oregon OSHA in a temporary rule format. By law, temporary rules can last no longer than 180 days.
(2) Penalties – Increasing Minimum and Maximum Penalties At the same time – and completely unrelated to the COVID-19 pandemic or the COVID-19 temporary rulemaking, Oregon OSHA is coming to the end of an eight-month period of public comment on changes to the existing penalty rules, including an increase in the maximum penalties that align Oregon penalties with federal OSHA as directed by both Congress and the Oregon Legislative Assembly.
(3) Employer Knowledge/Employer Responsibility The Employer Knowledge rulemaking has been on a similar time frame as the Penalties Rulemaking, but they are actually two distinct rulemaking proposals. In this rulemaking, Oregon OSHA proposes to add two definitions and a paragraph to the Division 1 rules. The Oregon Supreme Court in CBI Services v. Oregon OSHA determined that Oregon OSHA needs to more clearly define how “reasonable diligence” and “unpreventable employee misconduct” are interpreted and applied in enforcement activities and Oregon OSHA believes that such guidance is most appropriately provided through an administrative rule. The proposed additions to the rules are to clarify in general how Oregon OSHA assesses an employer’s reasonable diligence, what constitutes unpreventable employee misconduct, how Oregon OSHA assesses an employer’s knowledge of a violation, and when an employer is and is not responsible for a violation that has occurred on its worksite. After spending several years developing the proposal, Oregon OSHA is coming to the end of an eight-month period of public comment on these proposed changes.
Please take action and make a difference if you can. Sustaining Operations and Avoiding Closures will Still Prove Challenging FOR IMMEDIATE RELEASE: December 21, 2020 Contact: Jason Brandt, President and CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Wilsonville, OR– Today, Congress unveiled a $900 billion relief bill to provide short-term economic relief to the country in the face of the coronavirus pandemic. The plan includes several items that will benefit restaurants and lodging establishments, most importantly a second round of access to the Paycheck Protection Program (PPP), with unique provisions aimed to assist the restaurant and lodging industries, which continue to endure unparalleled job and revenue losses. In addition, the Oregon State Legislature is holding a third special session of 2020 and is poised to pass To-Go Cocktails legislation as well as statewide caps on third party technology and delivery expenses charged to restaurants. “Hospitality operators in Oregon have been pleading for both long-term and short-term economic support,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “Today’s developments will assist restaurant and lodging establishments with their quest to survive. However, it does not change the unsustainable trajectory facing thousands of Oregon small businesses who have ongoing bills for their dining rooms with little to no revenue to cover those expenses.” Today’s developments in the Oregon Legislature are expected to assist operators in realizing additional revenue for cocktail programs accompanying food purchases for takeout and delivery while also assisting operators with cost control on expenses. “The progress made today at both the state and federal levels feels like getting a new pair of running shoes,” said Brandt. “There is still a race for survival in conjunction with vaccine distribution and the majority of operators will remain unprofitable. Our reality remains the same – we are attempting to stretch out our cash until we actually get to the light at the end of the tunnel we’ve all been talking about.” The federal plan announced today targets restaurant and lodging relief with provisions including:
Other provisions in the bill that will benefit hospitality operations include the deductibility of business expenses paid with PPP loans, enhancement of the Employee Retention Tax Credit (ERTC), extension of the augmented Work Opportunity Tax Credit (WOTC), and increased tax deduction for business meals. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of over 10,220 foodservice locations and 2,000 lodging establishments with a workforce of 183,191, and a total economic impact of $13.8 billion in annual sales for Oregon. Oregon’s Legislature will meet on Monday, December 21 for a one-day Special Session to discuss four specific issues including To-Go Cocktails and Commission Caps on Third Party Deliveries. Read the draft of Legislative Concept (LC 10).
We realize this legislation won’t fix everything so we are still working with the Governor’s office, Oregon Health Authority and Legislators to find ways to re-open dining rooms sooner and safely. You can help by contacting the Governor and your Legislators (find your legislator here) to let them know how little time you have left before you have to close your doors because of the restrictions on indoor dining. Public hearings have now been posted for Thursday evening (6:00-9:00pm) and Saturday morning (10:00am-1:00pm). You may provide written or oral testimony at these meetings. For more information on these public hearings and to sign up to testify, please visit the following websites:
Written Testimony:
Oral Testimony (Live Remotely):
Important note about testimony: Neither registration nor use of the public access kiosk is a guarantee that you will be able to testify during the meeting. The chair may determine that public testimony must be limited. For this reason, written testimony is encouraged even if you plan to speak. The Presiding Officers are extending the period for public comment. The public record is open when a meeting is posted until 24-hours after the committee is scheduled to meet. For example, this means written testimony can be submitted now until 6:00pm on Friday for the public hearing on Thursday. Our Industry Needs Your Voice at the Table! We need your voice at the Capitol to help pass this legislation. We need you to share your story of how the shutdowns, freezes and restrictions have impacted you and your employees and why this legislation would help you survive! If you are not already signed up for ORLA’s Text Alerts, please take a minute to text “ORLA” to 52886 today and sign up for important notices regarding key legislation and how you can help. Thank you in advance for taking action. Financial Support in Motion for Legal Battles on Multiple Fronts FOR IMMEDIATE RELEASE: December 10, 2020 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Wilsonville, OR – The Oregon Restaurant & Lodging Association has officially launched a Legal Defense Fund as authorized by the state association’s Board of Directors. The fund will be used to address multiple inequities facing Oregon’s restaurant and lodging establishments in their quest to survive the ongoing pandemic. “Operators from all corners of the state have reached their breaking point and have asked for continued legal support to fight for their rights,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “There is a growing list of inequities facing Oregon’s hospitality industry that require additional judicial oversight.” Tens of thousands of hospitality businesses have permanently closed across the country due to government mandates including hundreds in Oregon. “Local and state government in Oregon over the past year have taken away business operations for public purposes,” said Brandt. “Small businesses across the state are owed compensation whether we’re talking about taking a dining room for virus mitigation or taking an entire lodging location for a certain duration of time.” Operators across the state are also growing more frustrated by a lack of adjustment to taxes and fees that fail to consider the operational reality of the year 2020. Examples include exponential increases in unemployment insurance tax rates for 2021 and beyond, county health inspection fees based on the number of dining room seats in your establishment, and licenses for on-premises alcohol consumption. “There are some local governments in Oregon deserving of recognition for the ways they have provided historic flexibility to operators,” said Brandt. “We need to build on that awareness within our government institutions to illustrate the severity of the situation. No operator should have to pay exponential increases in their unemployment insurance rates or normal costs for county health inspections or on-premises alcohol consumption licenses as if 2020 was another normal year of operation.” ORLA’s Legal Defense Fund will provide financial support to operators interested in moving forward as plaintiffs in court. Lawsuits filed will be unique in nature and dependent on the circumstances facing operators with a focus on government restrictions causing a hospitality business location to close permanently. “There will be those that argue these businesses would have had to close anyway due to the impacts of COVID-19 on consumer demand,” said Brandt. “We can prove that is simply not the case. Financial proof of the direct impact of government restrictions outside of consumer demand is widely available to us and will be shared with the courts as we fight for the survival of Oregon small businesses and the tens of thousands of Oregonian jobs within them.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. Currently, approximately 55,000 of those workers, or 30%, do not have work available to return to. To donate to the Legal Defense Fund, click here: New Survey Findings Reveal Dire Situation for Restaurant Operators without Federal Financial Assistance
FOR IMMEDIATE RELEASE: December 7, 2020 Contact: Greg Astley, Director of Government Affairs, ORLA 503.851.1330 | Astley@OregonRLA.org Today, the National Restaurant Association is releasing a letter to Congress with the results of the latest survey on the economic health of the industry, and the findings are bleak:
In Oregon, the findings are as follows:
For months, Congress has been trapped in a political tug-of-war while restaurants continue to go dark. A group of moderate Democrats and Republicans last week unveiled a compromise plan bringing both parties back to the negotiating table. They are calling for a $909 billion relief bill, including a second round of Paycheck Protection Program grants, which with improvements could provide immediate assistance to restaurants. “We need Congress to pass the Blueprint for Restaurant Revival,” said Greg Astley, Director of Government Affairs for the Oregon Restaurant & Lodging Association (ORLA). “While we are waiting for that to happen, we also need to make sure Congress at least passes some type of financial relief plan before leaving town for the year. Our industry simply cannot wait for relief any longer.” While the recent $55 million in state funds will help the hospitality industry to some degree, it will not be enough to cover the massive losses brought about because of the pandemic and economic shutdowns. “As costs continue to rise and revenues continue to fall for operators, and with more layoffs likely in the future, Oregon’s hospitality industry needs Congress to put aside the turf wars and come together to pass a relief package,” said Astley. “Without it, your neighbor’s job is in jeopardy and your favorite neighborhood restaurant may be the next one to forever close their doors.” ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. FOR IMMEDIATE RELEASE: November 20, 2020
Contacts: Jason Brandt, President & CEO, ORLA | 503.302.5060 | JBrandt@OregonRLA.org Angelo Amador, Executive Director, RLC | 202.492.5037 | AAmador@Restaurant.org Interview Coordination: Glenda Hamstreet, Executive Coordinator | ghamstreet@oregonrla.org Portland, Oregon – Today, the Oregon Restaurant & Lodging Association (ORLA) and the Restaurant Law Center (RLC) filed a joint complaint in federal court for injunctive relief from the “Two-Week Freeze” mandated by the Governor, which prohibits indoor and outdoor dining in restaurants from November 18 through December 2. This action was taken to save many restaurants around the state, and to protect the livelihoods of thousands of food service workers who rely on restaurants and their customers. Both restaurants and their employees continue to suffer from the devastating effects of ongoing regulatory orders in Oregon during this pandemic. “The restaurant industry prefers engaging in partnerships with our leaders in government,” said Jason Brandt, President and CEO of ORLA. “The latest restaurant restrictions in Executive Order 20-65 published on November 17 lack equity and due process. We hope to engage in communication with Governor Kate Brown and her professional staff as soon as possible to work towards a resolution that has not been available to us at this stage. In the meantime, Oregon’s restaurant operators must continue to follow all orders executed by the Governor until a federal court addresses the serious legal concerns brought forth by the industry.” “The number one priority of America’s restaurant industry is to provide a safe and healthy environment for guests and employees,” said Angelo Amador, Executive Director of the Restaurant Law Center. “The industry is following applicable federal, state and local operating guidelines, and, where necessary, adapted their business models and adopted countless new measures to ensure that diners and workers remain safe. A blanket ban on indoor and outdoor dining is wrong and we believe the latest executive order in Oregon is also illegal. We hope our Complaint will encourage the Governor and other officials to meet to develop a more reasonable and pragmatic approach that protects the livelihood of restaurant industry workers and restaurateurs across the state.” Click here to read the Complaint. About the Oregon Restaurant & Lodging Association The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. About the Restaurant Law Center The Restaurant Law Center is a public policy organization affiliated with the National Restaurant Association dedicated exclusively to defending the restaurant industry against government overreach at the local, state, and federal level by providing a voice for the industry in our judicial system. Creation of a $75 Million Hospitality Relief Fund is Needed for Industry to Survive
FOR IMMEDIATE RELEASE: November 17, 2020 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Wilsonville, OR– Another shutdown of Oregon’s restaurants, bars and foodservice establishments is crippling an already broken and damaged industry. While other industries in Oregon have experienced revenue losses on average of five percent from last year, the hospitality industry in Oregon has experienced revenue losses on average of at least thirty percent. Because of this massive economic disparity, the Oregon Restaurant & Lodging Association (ORLA), the leading business association for the foodservice and lodging industry in Oregon, has sent a letter to the Legislative Joint Emergency Board asking for the immediate creation of a $75 million Hospitality Relief Fund to help operators and their employees survive another shutdown. “There is no federal relief package waiting to be voted on and distributed from Congress or the White House,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “There are no stimulus checks being printed to help Oregon families pay their bills. There is no weekly check for $600 available for those servers, cooks, hosts and hostesses about to lose their jobs or have their hours cut again because restaurants can’t survive on takeout and delivery if they can do it at all.” Restaurants and bars are still paying rent and there has been no extension of the commercial rent moratorium even though revenue has been cut by as much as 65% for some operators because of the shutdowns, “pause” and now a “freeze.” Restaurants and bars are still paying OLCC license fees even though they are not able to serve hard alcohol or offer cocktails to go for customers doing pickup or delivery. They are still paying health inspection fees based on the number of seats they have in their establishment even though they cannot seat anyone in their establishment. There are payroll taxes, corporate activity taxes, property taxes on property they cannot fully use and commercial personal property taxes on property restaurants own. In addition to the immediate creation of the $75 million Hospitality Relief Fund, ORLA is recommending several other solutions to the Legislature to help the hospitality industry survive. Those solutions include:
“We were already hearing from members they were concerned about what another shutdown would do to their chances of staying open,” said Brandt. “Without significant help from the state, the hospitality industry in Oregon–many of your favorite restaurants, hotels, bars and other places– will have to permanently close their doors, putting tens of thousands of people out of work.” “Hospitality businesses need immediate help. We cannot wait for February and hope a relief package will materialize and be approved at the federal level,” said Brandt. “This is an emergency and we need the Joint Emergency Board to take action now to save our industry and the tens of thousands of Oregonians who rely on it to put food on the table, pay their rent or mortgage and provide for their families’ needs.” ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. Statewide Industry Shutdown of Dining Rooms Does Not Add Up
Wilsonville, OR– On Friday, the Oregon Governor’s office announced wide ranging closures of all indoor and outdoor dining rooms across Oregon starting November 18. The announcement on November 13th came one day after a newly published report from the Oregon Health Authority identifying 2,893 Covid-19 cases associated with workplaces. Of those cases, 22 were tied to restaurants representing 0.76% of current workplace outbreaks. “Our industry, along with the fitness industry, are the official targets of the latest directives from Governor Brown’s office,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “We desperately need an explanation, and we are not getting straight answers. If 0.76% of active workplace outbreaks represent a need to shut down an entire industry, we have a real time crisis in how we are making regulatory decisions as a state.” The Oregon Restaurant & Lodging Association (ORLA) has been an active partner in transforming thousands of hospitality environments to promote guest and employee safety. The industry continues to argue additional restrictions on controlled environments pushes virus spread to uncontrolled environments. “We are running out of ways to express our deep concern about the correlation between dining room shutdowns and private behavior,” said Brandt. “If human interaction is going to take place during the course of the holiday season, then it is much more advantageous to have those interactions take place in controlled environments.” The state association continues to advocate for necessary adjustments to restaurant dining room protocol. For example, Governor Brown’s November 13th press conference stated private gatherings should be limited to 2 households or a maximum of 6 people. ORLA is advocating the same exact standard be allowed immediately in dining rooms across the state. “Why are we allowing 2 private households to gather with up to 6 people in an uncontrolled environment and closing dining rooms when those same interactions can take place in a controlled dining room environment with oversight from a third party?” said Brandt. “We stand ready to help in getting this state back on track as thousands of livelihoods are at stake.” ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. Industry Seeks Solutions Beyond Shutting Down, Putting People Out of Work
FOR IMMEDIATE RELEASE: November 13, 2020 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Wilsonville, OR– Today, the Oregon Governor’s office announced further restrictions on restaurants statewide beyond the previous two-week “pause.” The restrictions are being announced one week after the “pause” was announced and just two days after it went into effect. The restrictions take effect Wednesday, November 18th and prohibit dining indoors or outdoors at any bar or restaurant. Drive-thru, takeout, delivery and curbside pickup will still be allowed. “Knowing small social gatherings are the focal point for the transmission of this virus, it is incredibly disappointing to see our industry once again targeted and to know bar and restaurant operators are having their employees’ and their own livelihoods put at risk,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “We continue to be asked to make significant sacrifices as an industry due to the nature of our business models. The Oregon Restaurant & Lodging Association (ORLA) is recommending several solutions to help the hospitality industry survive. Those solutions include:
“We were already hearing from members they were concerned about what another shutdown would do to their chances of staying open,” said Brandt. “This latest round of regulations focused on restaurants will trigger an unknown amount of permanent closures impacting the livelihoods of thousands of Oregon families.” In addition, ORLA is recommending these solutions to help stop the spread of the disease further:
Oregon’s business community is sending the following letter to Governor Brown’s office in response to the latest round of restrictions. “Businesses throughout Oregon have proven that they can make the operational changes necessary to keep their employees and their customers safe, even during this unprecedented pandemic. What we need now is a plan to address the root of the problem without causing additional harm to Oregonians throughout the state,” said Brandt. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. Newly announced restrictions on indoor restaurant spaces defy logic, data, and goals designed to reduce virus spread in Oregon FOR IMMEDIATE RELEASE: November 6, 2020 (Updated 11.9.20) Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Wilsonville, OR– Today, the Oregon Governor’s office announced new restrictions on restaurants located in specific counties. The restrictions take effect next week and further reduce the total number of people, including staff, that can be on premise. The new restrictions for specific counties will change the current maximum of 100 people indoors and reduce the maximum to 50 people indoors. In addition, group dining at restaurants in affected counties will be reduced to a maximum of 6 people. The two-week pause applies to Multnomah, Marion, Jackson, Malheur and Umatilla counties. On Monday, Nov. 9, four more counties were added to the pause list; Washington, Clackamas, Baker and Union counties. “We have said all along we were going to follow the data as a state and we have some of the most comprehensive, transparent data in the country being provided by the Oregon Health Authority in their weekly COVID reports,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “These new restrictions do not follow the data available to us. This action will directly result in more Oregonians interacting in uncontrolled, private environments as opposed to restaurants with controlled, regulated environments.” The Oregon Health Authority’s weekly COVID report is published mid-week with the latest edition released on Wednesday, November 4. A copy can be obtained through the following link: The Oregon Restaurant & Lodging Association (ORLA) remains committed to thorough weekly reviews of any workplace outbreaks connected to the industry. In the latest edition, only 2 foodservice locations are identified out of approximately 75 workplace outbreaks across the state. The workplace outbreak section can be found starting on Page 22 with details included in Table 7 of the weekly report. “We are one of the largest employers in Oregon and the efforts being undertaken by our operators across the state is nothing short of monumental. The weekly data continues to prove the importance of controlled, regulated environments like restaurants as an alternative to private gatherings,” said Brandt. “We are literally making decisions that could drive us in the wrong direction as a state.” “We have a role to play in providing safe alternatives to private settings. We need more opportunity to be a part of the solution.” Early in the COVID-19 crisis, the Governor’s office convened the Coronavirus Economic Advisory Council, but the council was disbanded months ago with no alternative for collaboration amongst industry leaders and health experts. ORLA is recommending an economic advisory council be reestablished immediately to assist the Governor’s office with the intelligence needed to understand the wide-ranging impacts to local economies triggered by new regulations.
“There will be thousands of operators across the state who will be unable to comprehend an additional arbitrary limit on the total number of people they can have indoors with no consideration given to the square footage available,” said Brandt. “We will have less paychecks to provide to struggling Oregonians, less opportunity for Oregonians to take a ‘mental health break’ in controlled restaurant environments, and we will drive more people to unregulated, private gatherings leading up to the Thanksgiving holiday.” Restaurants able to physically distance guests by party with at least the recommended six feet between tables, should be allowed to do so without arbitrary restrictions. For establishments with a larger footprint, capping capacity to 50 or 100 people when they can safely seat more means robbing them of the opportunity to keep people employed and keep Oregonians from struggling more than they already have this year. With some reports suggesting as many as 85% of independent restaurants will close without some form of financial assistance or less arbitrary regulation from government, further reducing restaurants’ ability to generate revenue makes that figure seem even more likely. ORLA is creating an online interface to track Oregonian paychecks lost from restaurants located in counties where the additional restrictions will take effect. Operators will share their business name, their county location, and the number of paychecks lost due to the new restrictions. “We believe wholeheartedly in collaboration and partnership and our industry must continue to do whatever we can to mitigate virus spread and support the heroes in the health care sector who are putting their lives on the line to save their fellow Oregonians,” said Brandt. “We have a role to play in providing safe alternatives to private settings. We need more opportunity to be a part of the solution.” ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. Roughly 30%, or 55,000 jobs, remain lost in the industry as a result of the COVID pandemic. Oregon Hospitality Industry Continues Push for Midnight Curfew and 100-Person Cap Removal10/28/2020
Safe Adjustments Needed to Regulations for Restaurant and Lodging Establishments
Wilsonville, OR– The Oregon Restaurant & Lodging Association is convinced two key regulations are ready for adjustments based on recurring COVID-19 weekly workplace outbreak reports. The weekly reports, available through the Oregon Health Authority (OHA) website, consistently show negligible outbreaks occurring in foodservice and lodging operations. “We review the weekly reports from OHA religiously and can see the care being taken by our operators in controlled and highly regulated environments they manage,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “It is time, regardless of county phase, to allow operators the ability to stay open until midnight and to allow larger venues with ample square footage more flexibility in safely managing their capacity.” Currently, the Oregon Health Authority requires all foodservice operations in Oregon to close at 10pm regardless of their current phase of operation. In addition, all foodservice and event venues including lodging event space must limit their indoor capacity to 100 people including staff. “On the surface we realize a 100-person limitation sounds like an appropriate preventative measure to mitigate virus spread in Oregon,” said Brandt. “However, large scale venues have the ability to provide ample physical distance between associated parties of 10 or less and can accommodate more employees with hours while still operating safe, controlled environments.” ORLA is focused on facilitating communication between the Governor’s office and small businesses operating restaurants and lodging establishments across Oregon. A recent push this past week to communicate stories with the Governor’s office resulted in over 100 small business stories being shared about how a midnight curfew would help save restaurants. ORLA hopes to share similar stories about the impact of the 100-person indoor cap as well and the ripple effect it has on local economies throughout the state. “Some of the loudest voices in our industry on the importance of removing the 100-person indoor cap rule are coming from businesses who don’t have space to accommodate over 100,” said Brandt. “This showcases the ripple effect that hits smaller businesses when larger venues can’t accommodate larger groups in a community. Without the additional flexibility there is less activity and commerce in local communities and our operators rely on that foot traffic to stay afloat.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. Currently, approximately 55,000 of those workers, or 30%, do not have work available to return to. Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org The 10pm closure time is confounding to the hospitality industry. Nothing about COVID-19 changes after 10pm. It is still a virus our industry takes seriously, and we have completely changed our businesses to accommodate for its realities. With the information we have available seven months into the pandemic, the 10pm closure is not based on science and does not reflect the reality of the situation regarding transmission of the disease. It’s time to demand answers for why businesses cannot be allowed to operate past 10pm. Ask the Governor why this limitation still exists and let her know where you stand! Hospitality businesses are taking extra efforts to protect our communities, our customers, and our employees, and now we need help to make it on the other side of winter. We need the Governor to listen to us and trust us to help keep Oregonians safe.
New Coalition Of Public And Private Sector Leaders Call On Congress To Act On COVID Relief Before Election Washington, D.C. (September 30, 2020) – COVID RELIEF NOW, a new coalition of nearly 200 major public and private sector groups across the U.S., today called for “No Recess without Relief” imploring Congress to not leave town for the 2020 elections without passing additional COVID economic relief – stating millions of jobs and survival of small businesses as well as vital government services are on the line. The coalition stated that if Congress fails to act, millions of employees will be furloughed or terminated; millions of unemployed Americans will lose their unemployment insurance pandemic benefits; hundreds of thousands of companies will be at risk of closing their doors forever; and the vast majority of state and local governments will have to curtail critical services in order to balance budgets due to a decline in tax revenue. Read the letter signed by coalition members, including the Oregon Restaurant & Lodging Association, that was sent to Congress today: This week is pivotal for COVID relief legislation and we must do everything we can to make sure our voice is heard. We need you to add your voice to ours. Write, call, and tweet your elected officials and tell them that the hotel industry’s needs must be included in any final bill. Take action and share this message with your colleagues! [Aug. 25, 2020] - The following letter was submitted by ORLA to Metro Council in response to the delayed implementation of the Business Food Waste Requirement
Metro Council - As you are well aware, the foodservice industry has been devastated by the COVID-19 pandemic. This virus scares many of our customers and workers from coming back until it’s safe. Employers are scrambling to try to pivot their business models and maintain enough cashflow to keep their employees’ jobs intact. People have poured their lives into their small business, only to see it jeopardized by something completely out of their control. It’s no surprise we’re seeing closure after closure. The Oregon Restaurant & Lodging Association commends Metro for taking action in response to these uncertain times. While the business food waste requirement has worthy goals, this pandemic calls for foodservice operators to dedicate all attention and resources available to protecting their workers and their jobs. By delaying the implementation of these rules, you are recognizing this challenge, and for that, we say thank you. Our recommendation to Metro is to consider delaying implementation until all jurisdictions under Metro’s purview have entered Phase 3. The foodservice industry is built on hospitality and face to face interaction. We will not enter any sort of normalcy until our customers and workers feel safe enough to venture outside their homes and see friends and family. Until then, many operators will simply not have the resources in personnel, time, or financial capital to dedicate to this important business change. In the interim, we are more than happy to continue as your partner in providing educational opportunities to foodservice operators to help eliminate waste and reduce costs. Nicole Peterson Oregon Restaurant & Lodging Association [Metro] Comment on implementation delay On March 20, 2020 Metro temporarily delayed implementation of the Business Food Waste Requirement for 6 months in order to assess the effects of COVID-19 and to allow time make a permanent decision about the program. Given the breadth of impacts of the pandemic Metro has chosen to further delay implementation and is in the process of amending Administrative Rules to reflect this change. Metro is seeking comments and feedback in relation to the implementation date change and resulting proposed changes to the Administrative Rules. ORLA sent a letter this morning to Representative Nancy Nathanson, Chair, Members of the House Interim Committee on Revenue, and the Senate Finance Committee urging them to oppose Legislative Concept 2. Please see the following call to action and take action today, WE NEED YOUR HELP! Stop the Tax Sneak Attack! Just when we thought things couldn’t get worse, the Oregon Legislature is now set to pass an ill-conceived proposal that would effectively impose $225 million in taxes on Oregon businesses, including restaurants and lodging, struggling to recover from the staggering impacts of the COVID shut downs. But instead of admitting this is a new tax burden on struggling businesses, they will say this is simply a technical change, impacting only a few wealthy Oregonians. That’s simply not true. Many Oregon businesses will lose much-needed cash if this tax increase moves forward. Please contact the governor, your legislators, and the House Revenue Committee immediately and tell them THIS PROPOSAL ISN’T FAIR to thousands of Oregon employers struggling to survive – and hundreds of thousands of unemployed Oregonians that want to go back to work.
Email your legislators today and tell them this sneak attack isn’t fair. Tell them to oppose this backdoor tax increase. ACT NOW. The Legislature is set to meet in special session on Monday, and all signs are that this bad idea is set to be fast-tracked through the process. More information is now available on the “Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act” released earlier this week by Senate Republicans. As a reminder, the House introduced the HEROES Act proposal in May, which passed along party lines. Discussions are expected to now begin in earnest as Congress faces the July 31 deadline for enhanced pandemic unemployment insurance benefits. Part of the Republican proposal would reduce these benefits from $600 per week to $200 per week on top of state administered aid until the end of September at which time the maximum benefit will be 70% of the recipient current wages -- but this will be a starting point for the negotiations. Read the National Restaurant Association’s summary of the proposal and the American Hotel and Lodging Association’s analysis of the HEALS Act. Many of the hospitality industry’s priorities are included in the HEALS Act, including:
If you haven't yet, please take action on the National Restaurant Association's Blueprint for Restaurant Revival and/or the American Hotel and Lodging Association's Hotel Priorities Day of Action, thank you! ORLA is hosting another series of virtual town halls and all hospitality industry members and partners are invited to participate. The purpose of these virtual meetings is to provide a summary of the latest industry intelligence from the Governor’s Office, as well as from state and local leaders as we continue operations during Phase 2. We will review Public Health Guidelines, best practices, ORLA resources, and engage local operators about what strategies have been working since reopening. We want to continue to keep businesses connected and feeling supported as we move through these challenging times. If you are interested in an overview of the latest Government Affairs updates and participating in a discussion about industry resources and guidance, this virtual meeting is for you. To RSVP or if you have any questions, please contact your Membership Representative below and include any questions or comments you would like considered as part of our conversations. Upcoming Virtual Town Hall Meetings: Thursday, July 16 - 9:30-10:30 am Polk, Marion, Benton, Linn Counties RSVP to Greg Staneruck Monday, July 20 - 10:00-11:00 am Washington / Columbia / Yamhill Counties RSVP to Greg Staneruck Tuesday, July 21 - 3:00-4:00 pm Coos, Curry, Douglas, Deschutes, Jackson, Jefferson, Josephine, Klamath, and Lane Counties RSVP to Terry Hopkins Wednesday, July 29 - 2:00-3:00 pm Clatsop, Tillamook, and Lincoln Counties RSVP to Greg Staneruck Recent Virtual Town Hall Meetings
If you missed a town hall and would like to watch/listen to the recording, please contact Glenda Hamstreet at GHamstreet@OregonRLA.org. Wednesday, April 22 – 9:30-10:30 am Washington / Columbia / Yamhill Counties RSVP to Greg Staneruck Wednesday, April 22 – 1:30-2:30 pm Baker City / Eastern Oregon RSVP to Steve Scardina Thursday, April 23 – 11:00 am-12:00 pm Clackamas County RSVP to Steve Scardina Thursday, April 23 – 2:45-3:45 pm Coos, Curry, Douglas, Deschutes, Jackson, Jefferson, Josephine, Klamath, and Lane Counties RSVP to Terry Hopkins Friday, April 24 – 9:30-10:30 am Benton / Linn Counties RSVP to Greg Staneruck Wednesday, May 13 – 9:30-10:30 am Washington/Yamhill/Columbia Counties RSVP to Greg Staneruck Wednesday, May 13 – 3:00-4:00 pm So. Oregon, South Coast RSVP to Terry Hopkins |
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