Rockville streets close for outdoor dining

Segments of two Rockville streets have been closed to vehicular traffic to create more space for outdoor dining. The closures are on Gibbs Street at Rockville Town Square, and on E. Montgomery Avenue in front of the Regal Cinemas.

Judge denies restraining order for Montgomery County check program, but orders 25% of funds frozen until he rules on merits

A U.S. District Court for the District of Maryland judge has denied Montgomery County residents' request for a temporary restraining order to stop the County's controversial Emergency Assistance Relief Payment (EARP) cash distribution program that primarily benefits illegal immigrants. But Judge Peter J. Messitte said plaintiffs Sharon Bauer and Richard Jurgena are still likely to succeed on the strong merits of their case. For that reason, Messitte has ordered the County to freeze 25% of the $10 million in the EARP fund until he can rule on the merits of the case.

Messitte wrote in his opinion that Bauer and Jurgena are likely to prevail on the question of whether the County Council violated federal law, which states that illegal immigrants are not eligible for any state or local public benefit that is not authorized by a law passed by the state legislature. He said Montgomery County does not deny, and that no one could credibly argue, that the EARP payments are not a public benefit.

Bauer and Jurgena will also suffer irreparable harm from the EARP program, Messitte agreed. He said that the County has distributed the EARP checks so quickly to recipients that there is virtually no way to recover those funds. Messitte said the cost could end up raising the property taxes of Bauer and Jurgena, and that the court can provide no relief or compensation to offset their higher taxes.

Messitte did find that the EARP program is in "the public interest." Based on Montgomery County's description of the program, he wrote, the beneficiaries are in severe financial distress due to the coronavirus pandemic and lockdown. Messitte said the funds are likely to go to urgent needs like food and housing.

The judge will rule on the merits of the case at a later date. But under his preliminary opinion,  the County cannot spend the remaining 25% of the $10 million fund until Messitte issues his ruling in the case. That fund became even more controversial after the County Council quietly appropriated an additional $5 million more than the public was notified of in the beginning. 

The case was brought by right-wing government watchdog group Judicial Watch, and is Sharon Bauer, et al v. Marc Elrich et al.

Montgomery County won't join rest of Maryland in Phase 2 reopening Friday

Maryland Gov. Larry Hogan has put Montgomery County officials on the hot seat again, announcing that he will move the state's reopening from coronavirus lockdown to Phase 2 on Friday, June 5, 2020 at 5:00 PM. Montgomery only entered Phase 1 three days ago, long after most of the state did. That led to many complaints from the business community and residents who argue the damage to their livelihoods and the economy is worse than the risk of contracting coronavirus. With County Executive Marc Elrich making clear he once again will be taking a more cautious approach than Hogan, those critics are livid.

By Friday evening, most of the state will be permitted to reopen businesses the governor had termed "non-essential." Churches, hair salons, barbershops, nail salons, massage parlors, tanning salons and tattoo parlors will be allowed to reopen at 50% of capacity inside. But not in Montgomery County. Elrich said on Twitter that he and other officials are evaluating if any of the loosened criteria lines up with Montgomery's Phase 1 guidelines.

Even Hogan did not escape criticism Wednesday, as his executive order still does not allow gyms, movie theaters, indoor malls, amusement parks, bowling alleys, or sporting events. One Twitter critic said the governor was "social distancing from reality."

Still others remain afraid to venture out to businesses just yet, and are in no hurry to loosen restrictions. By the middle of next week, we should know whether or not the Memorial Day weekend Ocean City boardwalk crowds caused a spike in infections or not. If so, leaders will be in quite a pickle. If not, they'll still be under fire, as there will be even more demand to reopen at the county and state levels.

Hogan extends moratorium on utility shutoffs, allows breweries to serve in outdoor seating

Maryland Gov. Larry Hogan issued two coronavirus-related executive orders this morning. First, he has extended the moratorium on utility shutoffs - including internet and phone service - until July 1, 2020. Secondly, he is allowing state-licensed breweries, wineries and distilleries to begin serving customers on-premises in outdoor seating only. Hogan's order also allows third-party shipment of alcoholic beverages to consumers.

Mass layoffs at Bed Bath & Beyond in Rockville

The fallout of coronavirus continues to crash down around Montgomery County, whose leaders were criticized by Maryland Gov. Larry Hogan Wednesday for not having begun to reopen. Bed Bath & Beyond at 1519 Rockville Pike has announced it will lay off 95 employees. Most of the chain's stores are expected to remain closed at least through May 30, the company has said.

Coronavirus test now available at CVS Pharmacy on Rockville Pike

Starting this morning, you can be tested for Covid-19 at the CVS Pharmacy at 799 Rockville Pike, which is located in the Ritchie Center. To get your test, register first at CVS.com.

Did Montgomery County really add 500 hospital beds for coronavirus patients?

A week after declaring surge 

capacity met, County now says 

there aren't enough beds to

reopen Montgomery County

Montgomery County officials attempted to address growing concerns over their lack of defined strategy for ending the coronavirus lockdown yesterday. In a streamed Zoom meeting, County Executive Marc Elrich said he thought the current statistics might point toward reopening the county in one or two weeks. But one number that Health Director Travis Gayles expressed concern about was ICU hospital bed capacity, and that four of the county's hospitals were at-capacity for ICU beds over the last week. This would make it difficult to handle a surge in new patients if a new wave of Covid-19 infections were to break out a few weeks after the Stay-at-Home order would be lifted.

Now, you may remember the county was 500 beds short of the projected need when the coronavirus pandemic began. On April 1, with great fanfare from their friends in the local media, the Montgomery County Council declared it was appropriating $10 million for county hospitals to add those 500 beds. Keep in mind, this is several hospitals' worth of beds.

To those more skeptical than our local press, this sounded like a hefty degree of magical thinking. If you know anything about construction, the regulatory hoops alone would have tied such expansion up for months. Permits would have to be processed, construction work would have to pass inspection. Not to mention that the work would have to be put out for bid, contractors selected, etc. The very expensive beds themselves - and all related equipment that is needed for each bed, particularly in an ICU setting - have to be ordered and shipped.

Just last week, Gayles told Bethesda Magazine in an email that - incredibly - this David Copperfield act had been magically pulled off. In only 41 days, Gayles wrote, Montgomery County hospitals had added all 500 beds. Interestingly, with all of the news cameras hanging out at local hospitals these days, we never saw footage of these new rooms or wings being opened on the TV news.

Ten days ago, we were told we had enough beds to handle a coronavirus surge. Yesterday, still under lockdown before any such surge has even taken place, we were told that a lack of bed capacity is now a primary reason the County cannot reopen its economy.

Something doesn't add up here.

Photo courtesy Hill-Rom

Growing discontent over Montgomery County's data-free coronavirus reopening strategy

Montgomery County's "roadmap" for reopening
doesn't define any targets to be met

There has been growing concern over the last few days about Montgomery County's blueprint for reopening, after most of the state entered a phase one reopening last Friday, while the Montgomery County Council passed an indefinite extension of Stay-at-Home orders. Prominent business leaders like David Blair, business owners, and even some municipal elected officials have asked what Montgomery officials' precise plan and data measurements are. The issue is separate from the question of whether or not a continued lockdown is wise; the point of controversy for many is that there is currently no roadmap or metric for reopening the economy.

With a new wave of mass layoffs hitting the county, discontent with the rudderless direction is rising in many quarters. After receiving some blowback, Montgomery County Councilman Evan Glass posted a Powerpoint-style graphic (shown above) on Facebook and Twitter. "Here's the roadmap," Glass declared authoritatively. But the "roadmap" only gave a vague wishlist of trends, not the specific targets that would be met, nor the specific length of time those targets would have to be met to reopen. Five different "sustained decrease" trends are listed, but unlike federal and state plans, the time-span of "sustained" is only defined for one ("new cases in an environment of increased testing" - and what qualifies as "an enviroment of increased testing" is undefined).

Glass promised a dashboard of County-level coronavirus statistics heretofore withheld from the public would be online later this week. But that is a totally separate issue. Raw data doesn't tell us what the plan is, and what the data needs to show us in what timeframe, to reopen.

Again, that's not to say it is wise or unwise to reopen now. But it would be wise to have an actual plan with targets that can be met or not met. After all, we may be facing a devastating second wave of hospitalizations in about three weeks, if Gov. Larry Hogan was premature in loosening Stay-at-Home orders last Friday. Maryland did not meet all of the federal criteria for reopening, so there is a risk.

The future is uncertain. But we need leadership to tell us how we are going to tackle the problem, which is the only certainty we can have at this point.

Rockville hit by more coronavirus layoffs as lockdown continues

More Montgomery County employers are laying off workers as the coronavirus pandemic lockdown continues. In Bethesda, Uncle Julio's announced on Friday it will lay off 50 employees. Paper Source up the street is laying off 15 workers. And the Hyatt Regency Bethesda has just laid off 95 employees.

Rockville's Cambria Suites Hotel is laying off 25 people. That hits particularly close to home, as parent company Choice Hotels' world headquarters is diagonally across the street from the Cambria Suites. Also in Rockville, Miller's Ale House is laying off 74 employees.

Gaithersburg's new upscale movie theater, Cinepolis, is being hit as hard as every other shuttered cineplex as new Hollywood releases continue to be postponed. They have finally laid off 65 employees. And the Holiday Inn in Gaithersburg just laid off 57 team members.

With Covid-19 going nowhere, and with no solid medical evidence that surviving the virus gives a patient permanent or even temporary immunity, we're likely going to face continued economic pain for at least the next two years. Montgomery County's already-moribund, last-in-the-region economy is particularly hard hit, because the vast majority of what few jobs have been created here recently are in the restaurant and retail sectors.

Workers are smart enough to realize that they may want to move into sectors that won't be interrupted by this and future pandemics, or at least ones where they can be among those privileged to work from home. Expect a re-calibration of the labor market in that event, which will drive up wages for service jobs, and increase the pain further for our already-struggling restaurant and retail sectors.

Image via Federal Trade Commission

Rockville cancels July 4th fireworks; farmers market to return in June

The coronavirus pandemic continues to upend calendars and traditions across the globe and here in Rockville. Annual July 4th fireworks that were to have been held at Mattie J.T. Stepanek Park in King Farm have been canceled. Hometown Holidays and the Memorial Day parade have also been canceled. On a brighter note, Rockville's Farmers Market will return to the parking lot at the corner of Route 28 and Monroe Street on June 6.

Coronavirus-related facilities closures have been extended through May 29, including City Hall. The City of Rockville’s tennis and pickleball courts, the dog park at King Farm, and all parks and trails are open. Playgrounds, athletic fields, bathrooms, fitness stations, basketball, Bankshot and volleyball courts will remain closed until further notice. City events, in-person classes, programs, rentals and activities are also canceled through May 29.

Most of the state of Maryland moved into Phase 1 of Gov. Larry Hogan's reopening plan Friday. Montgomery County declined to do so, and is remaining under a new Stay-at-Home lockdown order declared by the Montgomery County Council.

Photo via U.S. Department of Defense

Montgomery County $5 million check program quietly doubles to $10M, court filing reveals

County in legal jeopardy over program 

it says has already disbursed $1M

Montgomery County officials told the public that they had appropriated $5 million to disburse as cash payouts to residents who do not qualify for federal coronavirus relief funds. But a new court filing shows that the program has quietly doubled to $10 million without public knowledge. The explosion in size of the check program has only come to light in a letter from County Attorney Marc P. Hansen filed yesterday in U.S. District Court. This letter was in response to the lawsuit right-wing government watchdog group Judicial Watch recently filed against the County, which alleges that the check program is in violation of federal law because Maryland has never passed legislation to allow Montgomery County to disburse cash payments to residents who are illegally present in the United States.

Hansen's letter states that "[i]t has come to our attention that the County has appropriated ten million dollars for the challenged EARP program." The County never publicly announced an appropriation of another $5 million for the program since its original press release. Hansen also confirms that "one million dollars has been disbursed as of this time." The money will be moving quickly out the door, according to Hansen: "It is anticipated that the balance of the appropriated funds will be distributed by the end of the first week of June," he writes to U.S. District Judge Peter J. Messite.

Photo via WhiteHouse.gov

Montgomery County sued over $5 million check handout that group alleges violates federal law

Right-wing government watchdog group Judicial Watch has filed suit against Montgomery County over its recently-announced plan to disburse $5 million-worth of checks to residents who do not qualify for coronavirus financial assistance from the federal government. While the County's official announcement nowhere mentions that the money will go to non-legal residents, it was widely recognized by advocates and opponents alike that the money was intended to go to residents who are here illegally. The initiative was seen by proponents as essential to the County's recovery, given the large number of undocumented immigrants in Montgomery County who would otherwise receive little financial relief during the pandemic.

Judicial Watch is seeking a restraining order against County Executive Marc Elrich and Montgomery County Department of Health and Human Services Director Raymond L. Crowel on behalf of two Montgomery County taxpayers, Sharon Bauer and Richard Jurgena. The restraining order would prevent Elrich and Crowel from disbursing any of the $5 million to residents who are in the country illegally.

The group asserts that the County's plan, known as the Emergency Assistance Relief Payment (EARP) program, violates federal law. Under 8 U.S.C. § 1621(a), a local government may only provide benefits to "unlawfully present aliens" if the state the jurisdiction is in enacts a law permitting it to do so. Judicial Watch argues that, because Maryland has never passed a law allowing Montgomery County to disburse cash payments directly to residents living here illegally, the EARP program itself is illegal.

“Montgomery County Executive Elrich and the Montgomery County Council have no legal authority on their own to spend taxpayer money for cash payments to illegal aliens,” Judicial Watch President Tom Fitton said in a statement. “The coronavirus challenge doesn’t give politicians a pass to violate the law. If they want to give cash payments to illegal aliens, they must be accountable and transparent, and, as federal law requires, pass a state law to do so.”

The group has filed a similar lawsuit in California, which is still pending there. Judicial Watch recently won a legal fight against Maryland, which resulted in a judge ordering the state to hand over all voter data from Montgomery County, after Judicial Watch found that there were more names registered to vote in MoCo than there are actual eligible voters in the county.

Rio Lakefront polling residents on reopening

State and local governments around the country are planning how and when to reopen their communities and economies after the coronavirus lockdown. Businesses are also preparing, but the concerns and readiness of potential customers are a primary consideration in their own decisions. Peterson Cos., the owner of Downtown Silver Spring and Rio Lakefront, is reaching out to them directly with online surveys to gauge their feelings about the near future.

They are asking questions such as, how long after orders are lifted will they be ready to venture out to dine or shop. Which specific types of businesses they plan to patronize, and their attitudes about mask-wearing, are among other queries in the polls. Feelings about dining inside vs. outside are a central issue, as is the willingness to wait outside a restaurant due to reducing seating capacity.

You can take the survey for Downtown Silver Spring or Rio Lakefront yourself online. This certainly seems like a smart idea, rather than trying to guess whether your customers are ready, which goods and services they are ready to buy, and what inconveniences or changes they are willing to tolerate.

Montgomery County Councilman called out for violating MD Stay at Home order

Largely-Republican protesters rallying to defy their states' Stay-at-Home orders across the nation this weekend had an unlikely Democratic ally in Montgomery County. County Councilmember Evan Glass ventured far from his Silver Spring neighborhood to join a gathering of hundreds outside Suburban Hospital Saturday morning. The crowd was there to see a flyover by the U.S. Navy Blue Angels and Air Force Thunderbirds that was actually meant to thank frontline medical personnel at the hospital, who watched from a hospital rooftop.

The gathering was not only in violation of Maryland's Stay at Home order, but the Pentagon had explicitly directed the public to watch the jets from their homes, and not to travel to the hospitals where pilots would fly over to thank healthcare professionals - not elected officials from Montgomery County. Councilmember Andrew Friedson was also in attendance, but said in a Facebook post that he remained on the other side of the hospital away from the crowd.

The Pentagon's official announcement explicitly told
the public to stay home, and "refrain from traveling
to see the flyover." (Photo: Chip Py/Facebook)

One constituent took Glass to task over his violation of the Stay at Home order on Facebook. "Council Members are putting others at risk by attending this non essential event that wasn’t supposed to be attended. Great example y’all," wrote Chip Py. "Guilty," Glass wrote in reply.

According to Maryland Gov. Larry Hogan's March 30 Stay at Home order, "no Maryland resident should leave their home unless it is for an essential job or for an essential reason, such as obtaining food or medicine, seeking urgent medical attention, or for other necessary purposes." In issuing his order, Hogan said, "This is a deadly public health crisis—we are no longer asking or suggesting that Marylanders stay home, we are directing them to do so. No Maryland resident should be leaving their home unless it is for an essential job or for an essential reason such as obtaining food or medicine, seeking urgent medical attention, or for other necessary purposes."

The Pentagon's own statement directed the public to "observe the flyover from the safety of their home quarantine...refrain from traveling to see the flyover. Stay home!"

Oops.

The Councilmen put the health and lives of their constituents at risk by illegally traveling for starters, and then joining in an illegal gathering, despite being warned by Maryland and federal officials not to do so. Had police on the scene enforced Hogan's directive, Glass and Friedson could have faced "imprisonment not exceeding one year or a fine not exceeding $5,000 or both," according to the text of the Stay-at-Home order.

Beyond the serious health and safety implications, there was the attempt to hijack a moment recognizing health heroes at Suburban Hospital for political gain by the Council. This was the doctors' and nurses' moment, not the Council's.

Interestingly but predictably, no local media reports pointed out the councilmen had broken the law by traveling to and attending the flyover gathering. The Montgomery County cartel's control of the local press again proves beneficial to elected officials convinced our laws don't apply to them. I must admit, the flyover wasn't anywhere close to as exciting for those of us who obeyed state and federal orders to watch from home as it was for our wayfaring County politicians.

Elected officials have to be held to a higher standard. Councilmembers breaking the Stay-at-Home order not only put themselves, Suburban's staff, and all of us at risk, but undermine the spirit of the public to continue to follow Stay-at-Home and social distancing guidelines. Covid-19 cases continued to rise steadily, a number of negative records were set, and Montgomery County went to Blue Alert with critical care beds "mostly filled" on the same weekend the Council crashed the Suburban flyover.

It turns out that having a bursting bag of developer campaign cash, and local media allies eager to amplify your imagined exploits in office, don't necessarily translate into possessing common sense or basic leadership skills.

Heckuva job, Brownie!