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Detroit takes step back on law requiring restaurants to post food-safety signs

The Detroit News - 9/13/2022

Sep. 14—Detroit — The Detroit City Council is divided on whether restaurants should be required to post color-coded signs indicating to the public how compliant the establishments are with food safety.

On Tuesday, the nine-member council unanimously voted to send District 3 Councilman Scott Benson's proposed ordinance back to the health and safety committee after council members could not reach a consensus.

At-large Councilman Coleman A. Young proposed postponing the vote again for another week; however, that motion was rejected.

"I don't want to be that guy that comes up and blows up what you did. Go back, lock yourself in the room with the business community and reach a conclusion," Young said to Benson. "It's unbelievable this is hung up on something so small."

The proposed ordinance, which if approved would require establishments including restaurants, food trucks and vending machines to post color-coded evaluations by the Detroit Health Department in the front of their businesses.

The proposal calls for color signs as opposed to the often-criticized A-B-C letter grading system seen in cities like New York.

Green signs would mean the establishment is in compliance with state guidelines. White signs would indicate the establishment has been inspected but has a correction to make with a quick follow-up required. Yellow would mean the business is in the enforcement process, while red would signal the establishment is closed by order of the health department.

"When we talk about the purpose of this ordinance, it's about transparency, education and public health," Benson said Tuesday ahead of the vote. "We need to talk about access to information and education. I know there has been concern with the color scheme but that was a compromise on a letter grade."

Benson, who has worked on the effort for the last three years, touched on compromising on pushing forward the start date from January to May 1 to give restaurants more time, working to provide ServSafe training courses and hiring more health inspectors to shorten the corrective response time.

"If you prioritize our health, you will get your wealth," Benson said.

While the city currently has gradings available online, the new ordinance would require the inspection result to be posted at the business forefront. The city's health department says they will be updating the website once a month with an automation for updates every 24 hours.

If approved, the placard is required to be no smaller than 7 inches by 9 inches in size by May 1.

Last week, public commenters were divided on the issue. Tuesday remained consistent with those opposing opting for a QR code instead of a colored sign.

However, Benson said it would be too complex for the entire Detroit population.

"We know the shortcomings that our seniors don't have access based on the technology," Benson said. "It's not transparency if 47% of Detroiters are functionally illiterate."

The Metro-Detroit Black Business Alliance issued a statement to the council saying they have not been given opportunity to provide input.

Leaders Charity Dean and Kai Bowmen said there are inconsistencies in the health department inspector gradings, the ordinance attached criminal penalties for noncompliance and that the plan would only affect small businesses, not grocery stores or other places residents get food. Gas stations are regulated by the state.

"I can't think of a worse time to make this change," Justin Winslow, president and CEO of Michigan Restaurant and Lodging Association, told The Detroit News. "Restaurants remain dramatically understaffed, as is the health department."

Scott Withington, environmental health officer for the city, assured the council he's confident the health department's inspectors will be able to handle the new load of requirements.

The city has approximately 1,700 restaurants not including food trucks or event pop-ups. With about 10 inspectors employed, the health department has one inspector for every 170 restaurants; however, that caseload is expected to decrease as the health department would employ 17 inspectors under the new ordinance.

"Due to the pandemic, there are establishments that are temporarily closed like in the Renaissance Center food court, but we do stay on top of those that are temporarily not operating," Withington said. "The facilities that are operating, we are staying on track of inspections."

District 7 Councilman Fred Durhal said he could not support the ordinance because the color coding does not indicate what was wrong in the last inspection, but that he would support the QR code.

"The QR code would provide the exact reason for infraction and still provides the transparency necessary for the public," Durhal said. "I don't understand why we draw a line in the sand on the placard. I want to develop something that works and if we're going to invest in this, let's start from the ground up with voluntary placards."

Council President Pro Tem James Tate continued to say he could not support the ordinance as it stands but congratulated Benson on his effort.

"I feel like you're really close, but we don't want to hurt small businesses," Tate said.

Councilmembers Mary Waters, Angela Whitfield-Calloway, Gabriela Santiago-Romero, and President Mary Sheffield did not comment during discussion.

Some public commenters supported the window postings, saying it would ensure accountability and improve transparency in one of the city's major industries.

"If rats have taken over a building, they're absolutely in the food," Malik Shabazz told the council during the public comment period. "It doesn't need to be perfect but we need more inspectors, with or without an ordinance. We should have enough inspectors to check restaurants at least once a month."

Last week, Benson held a rally to promote the health ordinance outside Lafayette Coney Island. The 98-year-old business voluntarily closed due to rodents a day after the ordinance was presented to council.

Withington said that had the color code been in place, Lafayette Coney Island would have been issued a white color sign to place in their window following their last inspection in May.

District 4 Councilwoman Latisha Johnson questioned why Lafayette Coney Island wasn't shut down by the health department after the restaurant received three violations at prior inspections.

"At that inspection in May, it looks like a white placard would have made sense based on that inspection," Withington said. "The complaints do not trigger a placard but they could trigger the enforcement by the health department including the red placard, which is decided on by the health officer," he said. "The auxiliary inspection looks like it was in relation to a complaint for cockroaches, which the inspector did not find evidence of and that was a year ago."

A date was not immediately set on when the issue would return to committee.

srahal@detroitnews.com

Twitter: @SarahRahal_

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