Ok, this is going to be a very long winded post so bear with me. This is partially because with not responding to any of this for 24 hours it would be way too much to go back and quote all individual posts that comment on these things.
I was against KD/CF/BGW/SEAS pulling up lawsuits against the state
before the Phase 3 guidelines were announced. Now I'm a bit more open to it. I see a lot of posts talking about the thought of they should argue them being open means easier to contact trace. That's not really going to work IMO because the state would likely argue contact tracing is difficult anyways and there's more space walking around in their neighborhood. I think I saw
@Zachary be one of the few that I look at the reasoning used and think would really work if they go this route: subpoena other places that were open (zoo's, aquariums, gardens) who clearly have smaller footprints for their daily visitor logs. I bet if they did that they would find those places easily far exceeded max capacities. Then their argument can pivot to do to it not being enforced, the numbers not going up, that the artificial cap no based on property size should be done away with.
However on this topic, I would be interested if they fight this alone of if they can get KD/CF on board and fight together. Especially if they can get VUHAmpetheater, Jiffy Lube Live, The Diamond, and other outdoor areas that can do social distancing and take on large crowds at the same time. I think the key to this working would be if KD/CF and the Jamestown Yorktown Foundation on board (both members of the advisory committee) for bringing a lawsuit, to me signifying they didn't plan on this being a restriction at this time.
I think a very interesting thing to come from the comments from Kevin Lembke where they looked at the numbers and came up with a cap of 5,000 people for a place like BGW. I don't think that means that 5,000 is what they need to deep it profitable to be open, but now we as park goers know its between 1,000-5,000 people. That's to me rather interesting because it gives insight into likely across the board why BGT has certain days they don't open at all, gives insight into what their reservation system is going to be doing booking wise, and in non-pandemic times possibly why they close on certain weather days that don't seem all that bad.
I think it's interesting too to look at some things like the 2-3 week lead time that they need to hire, train, and get ready to go forward with opening. I remember I put out a timeline like that early on and there was the feeling from some people that I was really overestimating how long it would take them to get open. I doubt this grew more over time the longer they were shut down, but rather it's always that amount of time. If you look at KD and BGW job fairs in relation to when they open, it's always about 3-4 weeks out from when they open. They likely are just shrinking that part of the timeline.
Kevin putting out there the numbers of how many people they employ is huge if they decide to move forward with a lawsuit. The counties around BGW (JCC, York, Charles City, New Kent) are at unemployment highs compared to historical data at this time. BGW typically has a work force of 4,000 people. So that's a huge impact on an area without a huge population. They could be looking at lowering the unemployment rate in HUGE jumps. I feel like if they wanted to they could really us that along with their contribution to the financial coffers of JCC as ways to reopen from that standpoint. But what's interesting to me beyond that is those numbers for employment seem consistent from what you can find for full time operations, signifying that even with reduced capacity they still see the need for full staffing to maintain safety.
No as for the thing I don't like that Kevin Lembke said:
- Temperature screenings or a mask requirement for guests
This seems like a
MAJOR loophole that some guests will exploit. Without a doubt (because people are assholes) someone will have a temperature and have COVID-19, and wear the mask while skipping the temperature screening and get into the park then take off their mask and create a spread event within BGW's business. I would like to see that 'or' become an 'and' where you have to both wear a mask and have a temperature screening.