The three-week mitigation efforts ordered by Gov. Tom Wolf that took effect last Saturday have been criticized as being unfair to restaurant and gym operators and other business operations affected by the restrictions.

A number of restaurant owners across the state, including some in the five-county Times News area, have openly defied the orders. Whether the state and/or law enforcement agencies move in to penalize them is unclear, especially since nothing has happened so far.

Some of these owners have pretty much drawn a line in the sand. Even though the restrictions are due to expire on Jan. 4, the owners say that this has played havoc with scheduled Christmas get-togethers and other events which are prevalent at this time of year and which jingle their cash registers - a lot.

Additionally, many families have holiday meals at restaurants or do something special to commemorate the holidays, including New Year’s Eve.

Restaurant owners claim they are being discriminated against, especially when retailers are allowed to continue indoor operations, albeit at reduced capacity.

“Show me the data that our small businesses and our restaurants are directly leading to a spike in cases,” said Rich Wenner, owner of the Bowmanstown Diner, when speaking to the Times News last weekend.

Medical experts point out that there is a big difference between eating at a restaurant and shopping at a grocery store, for instance. Restaurant patrons are unmasked and not always socially distanced while eating and drinking, sometimes for an hour or more, whereas grocery store patrons are expected to be masked the entire time they are on the premises, and typically their visits are much shorter.

The Centers for Disease Control and Prevention warned that “dining out is one of the riskiest possible activities during the coronavirus pandemic,” citing the obvious fact that masks are not used while people are eating and drinking.

In announcing the new measures last week, Wolf and state Health Secretary Dr. Rachel Levine cited two recent studies from Yale and Stanford universities, both of which linked restaurants with new COVID-19 infections. The Stanford study suggested restaurants, gyms and crowded indoor facilities contributed to 80% of infections in 10 U.S. cities.

The restrictions came on the heels of the exploding number of COVID-19 cases, deaths and hospitalizations in Pennsylvania and elsewhere. Although hospitals in the commonwealth are not yet at capacity, they are getting close. Nationwide, hospitalizations are at a point where they are overwhelming or stressing health systems.

Now in its 10th month, COVID-19 has been killing more than 3,000 people daily in our country, more than died on 9/11. The nationwide number of deaths attributable to the novel coronavirus topped 301,000 this week, or roughly the population of Pittsburgh. Worldwide, the virus has claimed 1.62 million lives. There have been more than 16.5 million cases in the United States, nearly 72.8 million in the world.

Pennsylvania has recorded more than a half-million actual and probable COVID-19 cases as of Tuesday, and 12,890 Pennsylvanians have died. In recent weeks, health officials have implored Americans to stay out of crowds and limit contact with others. Currently, nearly 6,300 COVID-19 patients are hospitalized in Pennsylvania, a record.

In addition to closing down gyms, the state’s orders ban indoor dining, any indoor gathering of more than 10 people or outdoor event of more than 50, shuttering theaters and casinos, and implementing stricter occupancy limits on other businesses with indoor operations.

A handful of other restaurants and gyms that we know of have indicated they plan to stay open for in-person dining, including the West Penn Diner near Tamaqua, Bert’s Restaurant in Palmerton, Jokers Gaming Café in Lehighton and Seven Sirens Brewery in Bethlehem.

Walter Zlomsowitch, who owns West Penn Diner, calls the new restrictions unfair. “Adults should have the choice to come out and eat if they want to dine in. If you don’t feel safe or comfortable doing that then don’t come out and do that,” Zlomsowitch told local news media outlets.

Zlomsowitch said he takes sanitary precautions to keep his patrons safe. He also believes it is important to stay open to support his employees and keep their paychecks coming, especially at this critical time of year.

Some owners have taken the position that it is cheaper to pay any fines and penalties than to close their doors to on-the-premises dining. Businesses can be fined up to $300 per occurrence by the state and local police. Some repeat offenders had racked up thousands of dollars in fines earlier this year.

The state has also threatened to suspend liquor licenses in cases of flagrant noncompliance.

Some restaurant owners claim that they were deceived by Wolf’s and Levine’s promises that there would be no more lockdowns. While they had hoped that stiffer measures would not be necessary, Wolf and Levine said the spike in cases, hospitalizations and deaths left them few options.

With the start of the distribution of the Pfizer vaccine this week and the likelihood that the Moderna vaccine will be approved for emergency use later this week, there is renewed optimism that we are beginning to see the light at the end of this dismal tunnel, although health experts warn that it is extremely important that we not leave our guard down and must continue to wear masks, socially distance when among others and wash our hands frequently to keep COVID-19 at bay.

By Bruce Frassinelli | tneditor@tnonline.com