Oaxaca de Juárez, a quaint colonial city in south central Mexico that depends on tourism for its very existence, relaxed its COVID-19 protocols in early July 2020. And as we move into summer, so have other cities around the world. They are equally dependent on visitors. Restaurants have started to open. Should they just do it because of a change in municipal rules and regulations, especially as the number of confirmed COVID-19 cases continues to rise?
While Mexico thankfully lags far behind the US in terms of a litigation-happy public, attitudes toward accountability are changing, including in Oaxaca. Two questions come to mind:
- Are you going to make an appreciable difference to your bottom line with your restaurant open, assuming that tourists are not yet ready to visit Oaxaca and patronize your restaurant?
- Are you prepared to follow good advice, perhaps stricter than that dictated by your city, to avoid the possibility of a client or staff member becoming ill? And if not, are you willing to take the risk of what may come your way as a consequence?
Tourists will not return to Oaxaca in appreciable numbers for several months. If your restaurant depends on tourism to boost its numbers, it won’t happen just because it opens its doors now. Isn’t it better to stay closed and continue to offer only takeout and delivery? Consider the advice of a former litigator, someone who has witnessed how some restaurants in another Mexican city in July have been dealing with COVID-19:
- Half of their tables are unusable.
- Before entering, customers must step on a special mat, have their temperatures taken, receive hand sanitizer, wear a face covering, present photo identification, and complete and sign a form that answers various questions related to their past health. . two weeks.
- In the restaurant, the staff must use face masks and a plastic protector, and the cutlery, whether plastic or stainless steel, must be sealed in plastic.
- Menus must be available online to access with a smartphone only, or alternatively, disposable paper menus can be used.
Other protocols may be considered, as advised by your experienced litigation attorney.
The goals are to ensure that neither customers nor staff are exposed to COVID-19, and if someone does get sick with the virus, the restaurant and its owners reduce the likelihood of liability.
If someone, an employer for example, gets sick, who will you blame? The news will spread far and wide, quickly. Not only may your restaurant be closed and quarantined for a period of time, but when tourism returns, visitors may be loathe to patronize your establishment.
You won’t make a profit without tourism, so your motivation for opening might be to support Oaxacan residents who crave your exquisite cuisine at reasonable prices. They can still use takeout or delivery, and this reduces the likelihood that they’ll get sick, or at least blame their lax protocols if they do. You might also be considering supporting your staff. What about your health?
It is suggested that it is simply not worth it for restaurants to open until Oaxaca announces a green light, and even then, it is recommended to follow some of the protocols mentioned above. Better safe than sorry. Wait a bit longer, especially if yours is an indoor restaurant. And while you reflect, consider that restaurants are the only busy establishments where to do what you are there, you must remove your face mask, a protector for others.