Hofbrauhaus
It was in the “before times”, the time before we all could identify a Corona Virus by sight. Jenn and I met some friends in Cincinnati for a Reds game (they lost, unfortunately). But, before the game, we wandered across the Ohio River into Kentucky, and had dinner at the Newport “Hofbrauhaus”. It’s a Munich “beer festival” type place, with long wooden tables; families and strangers all sitting together with large pints of German beer.
Dinner was schnitzel and spatzle, served by Bavarian dressed waitresses. An “om-pah” band played in the background, and as the beer mugs were drained and replaced, the diners joined in old German drinking songs. By the end of the dinner, many were standing on benches, swaying to the songs, swinging their beer steins and belting out the lyrics. It’s a fun night.
Today it would be called a different name: a super-spreader event.
COVID
It’s been eight months and fifteen days since we last sat down inside a restaurant. We’ve dined on the patio a few times, but now that winter has set in, that’s out of the question. Life is different, with political ideology somehow tied to public health. Who you supported for President last month is reflected by whether you’re wearing a mask or not. Today’s “butcher’s bill”: 277,017 have died in the United States from COVID, and over fourteen million have been diagnosed with the disease (Covid). That includes relatives and close friends. There is no “distance” from COVID: it’s at the front door.
There is a “light at the end of the tunnel” for COVID. This morning, the United Kingdom approved the use of the Pfizer vaccine. The United States is a couple of weeks behind, but likely both Pfizer and Moderna vaccines will be in use here before Christmas. When the number of vaccinations reaches seventy to eighty percent of the population, life might get back to something that resembles the “before times”.
But in the meantime, we’ve got to “control” an uncontrollably infective virus. Face masks help, but aren’t a guaranteed protection. “Social distancing”, maintaining space from those outside your “personal bubble” helps. And being outside with air circulation makes a difference. But the biggest issue is behavior. Will people avoid “spreader” events?
First Amendment
So what are “spreader” events? They are large gatherings of folks, crowded together, and often inside. Add to that physical contact, yelling or singing, and you have all the “fixin’s” for spreading COVID 19. It definitely would include an evening at the Hofbrauhaus. Packing the stands for the high school basketball game would fit the bill, and, unfortunately, the high school indoor track meet too. And the same could be said for the 7:00 pm service at the local church, mosque, or synagogue.
But many, including a majority of the Supreme Court, claim that the First Amendment to the Constitution guarantees “freedom of religion”. What it actually says is this: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (First Amendment, US Constitution).
And there we are: “no Law” prohibiting the “free exercise” thereof (emphasis added). So if the Third Gospel Church of the River wants to have a packed service with singing and hugging, there can be “no Law” that prohibits it – right?
That same First Amendment also states that the “Congress shall make no law, “…abridging the freedom of speech”. But we all know the caveat to that “freedom”: One can’t be “falsely shouting fire in a theater and causing a panic,” (Justice Holmes, Schenk v United States). So there are limits to free speech. And we already accept limits to the “free exercise” of religion as well. Fire inspectors go to churches, and set crowd limits on the building. Building inspectors look at the structural integrity of the synagogues, and could legally condemn a building that was in danger of collapsing.
Buying Time
So when the local government or the Governor places limits on religious services in the name of COVID, it’s not some incredibly broad expansion of power. Just as we expect that the government will protect us from fires, it’s reasonable action to protect the population from “super-spreader” events. To be fair, that government better do the same with the local sports, and the dance clubs. And they are.
And while I haven’t been there, I bet they aren’t standing on the benches and singing at the Hofbrauhaus either. But six months from now, if we can “de-politicize” the vaccine, maybe we can return to “raise a glass” again. There’s a Billy Joel concert re-scheduled at the Great American Ballpark in September, and we have tickets.
