Dr. Robert Redfield, the Director of the Centers for Disease
Control and Prevention, said during his testimony before a Senate subcommittee on
September 16 that wearing face masks may be more effective than a vaccine at
protecting against COVID-19. What is surprising is the authority tasked
with enforcing public health requirements for face masks in the District–the
Alcoholic Beverage Regulation Administration.

During Phase Two of Mayor
Bowser’s re-opening plan, the D.C. government enacted several public health
measures to allow businesses to operate while minimizing the spread of
COVID-19.  The Alcoholic Beverage
Regulation Administration (ABRA) is tasked with implementing regulations and
enforcing public health measures applicable to restaurants, bars, and other
food and drink establishments in the District. To that end, ABRA has enacted several
emergency regulations in furtherance of the mayor’s public health guidance. Most
notably, under the emergency regulations, all establishments serving alcohol in
the District must meet a series of conditions, including:

  • Providing and requiring that wait staff wear
    masks;
  • Requiring that patrons wear masks or face
    coverings when waiting in line inside or outside of the establishment or while
    traveling to use the restroom;
  • Limiting indoor capacity to no more than 50
    percent of the lowest indoor occupancy load or seating capacity on the
    business’ certificate of occupancy;
  • Placing indoor or outdoor tables at least six
    feet apart from one another;
  • Ensuring that all indoor and outdoor dining
    customers are seated and place orders and are served food or alcoholic
    beverages at tables;
  • Not having more than six individuals seated at a
    table or a joined table outside or inside;
  • Requiring background or recorded music at a
    conversational level that is not heard in the homes of District residents; and
  • Prohibiting standing at indoor and outdoor bars
    and only permit seating at indoor or outdoor bars that are not being staffed or
    utilized by a bartender.

Since the
beginning of Phase Two of the mayor’s re-opening plan, ABRA inspectors have
aggressively enforced the regulations through warnings, fines, and suspension/revocation
of liquor licenses. Between June 25 and September 22 2020, ABRA has issued over
100 citations to restaurants and bars throughout the District, including 27
fines and six summary suspensions of licenses.

Through
aggressive enforcement, the District government and ABRA are clearly
emphasizing the importance of upholding public health measures at restaurants
and bars as a key method to fight the spread of COVID-19. Bars and restaurants
can expect continued enforcement and must focus on strict compliance with
public health regulations, especially with the global pandemic continuing into
late-2020 and beyond.