Phase 4 mandates enforced by complaint only — not random inspections, top mayoral aide says

Compliance with the 25% cap on indoor capacity and other Phase 4 safety mandates will be policed by complaint only, a top mayoral aide said Thursday, urging Chicagoans who walk into crowded restaurants, bars and gyms to dial 311.

On the eve of Chicago’s cautious next step in reopening its economy, Business Affairs and Consumer Protection Commissioner Rosa Escareno said her department has issued 160 violation notices during the coronavirus pandemic. Her inspectors are prepared to issue even more warnings and citations if Chicago businesses fighting for survival push the envelope.

But Escareno said the onus will be on consumers to report violations. City Hall simply doesn’t have the staff to conduct random inspections.

“You must call 311. You must provide us the information. … We want to know the businesses that are not following the guidelines,” Escareno told the Sun-Times.

“If you’re walking into a store and it’s completely crowded with people, we want to hear from you. And we will be coming to that location. … Our goal is to respond to complaints. If we’re already in an area and we see behavior, we’re gonna step in. We’re gonna issue a warning where we see that there’s problems. And egregious acts will be slapped with a violation.”

One source of consumer complaints could be the COVID fee now popping up on Chicago restaurant bills.

Escareno said she understands the need for restaurants to recoup at least some of the costs tied to the pandemic, suchas installing plexiglass, providing personal protective equipment for their employees and disposable menus for customers. But only to a point.

“If you feel that somebody is gouging you, absolutely call us. We’ll take a look. The worst that can happen is that we looked at it and it wasn’t. If it is, we want to know,” she said.

“There’s a lot of companies out there that are preying on [people] and taking advantage of the situation.”

Mayor Lori Lightfoot has likened her plan to cautiously reopen the Chicago economy after the stay-at-home shutdown to slowly turning a dimmer switch.

Starting Friday, restaurants can reopen to indoor dining at 25% capacity or 50 people, whichever is less. Gyms are capped at 25%, but people must wear face masks while working out on equipment, and that equipment must be at least six feet apart. Locker rooms and showers will be open; saunas and steam rooms remain closed.

“We’re being a little bit stricter on our health clubs than they would like us to be. For example, wearing face masks is gonna be an absolute must inside. I know this is something they’re finding a little bit restrictive. But if we want to continue to progress and keep our city moving forward, this is the only way,” the commissioner said.

Escareno said her department has made “over 20,000 calls” to inform businesses of a dizzying array of reopening guidelines painstakingly drafted by the city for specific industries. They needed that kind of hand-holding to get through a process she called “completely new to all of us.”

The commissioner acknowledged being “criticized a little bit by some of the businesses saying `You’re out there with the measuring tape’” — despite the relatively low number of citations.

“In reality, we really haven’t been aggressive on this issue because people have been compliant. But where we have seen this type of behavior that is irresponsible, we’re gonna step in,” she said.

On July 1, Chicago’s minimum wage will rise $1 — to $14 an hour. On the same day, a predictable scheduling ordinance takes effect; it requires businesses to give employees two weeks notice of their schedules or compensate for last-minute changes.

Chicagoland Chamber of Commerce President Jack Lavin has urged the mayor to delay both mandates at least six months to give businesses fighting for survival a chance to get back on their feet. Without that delay, Lavin has warned: “Some of these businesses that shut down during COVID are just not gonna open up again.”

Escareno respectfully declined Lavin’s request.

“We are not going to take a step back at a time when essential workers have been — we have relied on them to keep our economy open,” she said adding that this is not the time “to walk back important policies for our workers.”