(Updated at 3:15 p.m.) Starting tomorrow, standing in the wrong place with the wrong number of people could land you a warning from police.

Arlington County says it will begin enforcing its emergency sidewalk crowding ordinance — which makes standing in a group of more than three in designated zones a traffic infraction — on Friday.

This weekend verbal and written warnings will be issued. After that, police will start issuing fines of up to $100.

“We are serious about this,” Arlington County Manager Mark Schwartz told members of the County Board on Tuesday. “I remain deeply frustrated with what I’m seeing in the community… This is not a game when you’re dealing with the public’s health.”

At issue is groups of young, often maskless bargoers bunched up in lines, waiting to enter popular — but capacity constrained — nightlife spots in Clarendon. Photos and first-hand accounts of the lines have circulated on social media, leading to an outcry that the Board responded to with an emergency ordinance passed on July 31.

The ordinance limits groups standing in line to no more than three people, spaced at least six feet apart from other groups and people in line, in certain areas.

The first phase of implementation includes four line-prone stretches in which the distancing will be enforced, identified via the county’s online social distancing complaint form, county staff said. There will be additional phases in the coming weeks to add new areas, including in portions of Crystal City, Schwartz said.

Police are placing signs and sidewalk markers in areas where the ordinance is being enforced, the County Board was told.

Thus far, efforts to get those in lines to distance to the county’s specifications have been met with mixed results: some compliance and some defiance.

“We have have seen quite a bit of defiance and hostility towards the security staff and officers, who are being flat out ignored,” said Arlington County Police Department bar and restaurant liaison Jim Mastoras. “We’re trying our best to keep the lines apart and keep people separated, as they need to be.”

Mastoras noted that businesses have been trying to comply with the rules. Outdoor beer garden The Lot, a frequent subject of photos of alleged overcrowding this summer, has two employees just assigned to monitoring the line, he said.

In addition to pandemic-era capacity restrictions, Mastoras said that lines have become an issue due to a rush of patrons into the Clarendon area between 10 p.m. and 2 a.m., which may or may not be linked to the fact that D.C. and Montgomery County have stopped alcohol sales after midnight and 10 p.m., respectively.

“Over the past few weeks, we have seen an influx of patrons into the Clarendon area,” he said.

The ordinance is not without its critics, who question its implementation and prioritization over other public health risks.

“The ordinance appears to criminalize common behaviors: A plain reading of the ordinance would appear to prevent a family of four from walking down one of these signed sidewalks together without maintaining 6′ of distance between all family members, including small children,” wrote Arlington Transportation Commission Chair Chris Slatt earlier this month.

Schwartz called that line of criticism a “red herring,” suggesting that is not how the ordinance will be enforced.

The Arlington Chamber of Commerce, meanwhile, is calling for the ordinance to be scrapped, citing concerns about enforcement and equity.

“The hastily developed ordinance has led to confusion and presents enforcement challenges,” the Chamber wrote this week. “The Chamber will continue to advocate that the County Board abandon this ordinance and find alternative, more constructive ways to promote social distancing.”

On the health side, experts agree that standing in line outside presents a risk, though it’s a risk that’s lower than equivalent behavior indoors.

Why, one may ask, are groups of more than three standing outside now prohibited, while larger groups are able to dine and chat maskless around a table inside restaurants? The latter is widely considered to be riskier behavior, albeit behavior that’s less likely to be photographed by those walking by.

(more…)


Marymount University students in Arlington are going back to class today.

The start of the fall semester for Marymount comes amid a backdrop of coronavirus outbreaks disrupting the start of school at other colleges and universities. UNC Chapel Hill and Notre Dame have shifted to online classes after outbreaks there; college outbreaks have been reported in at least 19 states, according to CNN.

Marymount, which counts nursing among its major degree programs, says that it is taking appropriate health precautions to keep students and staff safe. Among them: mask and distancing requirements, and on-campus testing and contact tracing. The school is also offering a combination of in-person and remote classes, as well as hybrids of the two.

A smaller Catholic university with campuses along N. Glebe Road in Ballston and in residential North Arlington, and a student enrollment of just over 3,300, Marymount also lacks the Greek life — fraternities and sororities — blamed for outbreaks at other schools.

The school’s move-in period last week, meanwhile, was staggered “to maximize social distancing.”

More from a Marymount press release:

After a staggered move-in process throughout the week to maximize social distancing, Marymount University’s fall semester will begin on Monday with the first day of classes. Since May, the institution has been proactive in preparations for the return of on-campus operations, face-to-face classes and student residential living.

“As we have strived to create a safe and inviting campus for all, the focus on the collective health, wellness and safety of everyone in the Marymount community has been our top priority,” said Dr. Irma Becerra, President of Marymount University. “Now, we must all work together to mitigate the risk of COVID-19 – our collective health and safety is a shared responsibility.”

Marymount’s plan for fall reopening, “Saints Reunite,” was officially approved by the State Council of Higher Education for Virginia (SCHEV) in July, and follows guidance from the Centers for Disease Control and Prevention (CDC), Forward Virginia Reopening Blueprint, Arlington County Public Health Division (ACPHD), Occupational Safety and Health Administration (OSHA) and other governing bodies and professional organizations.

Below are brief summaries of key policies and protocols designed to protect the Marymount community:

Hybrid Class Model

Marymount is offering four distinct modes of instruction – face-to-face delivery with more space between students and an increased number of class sections; hybrid delivery that combines in-person and online instruction; remote delivery that allows students to participate from a distance simultaneously; and online delivery that allows participation from a distance at their convenience.

Physical Distancing

Plans to maximize social distancing across the University include a new visitor tracking process; partitions added to open service areas; occupancy limits in areas such as study rooms, lounges and residential laundry spaces; and changes to dining services that include extended hours with reduced seating density and suspension of buffet-style functions.

Face Covering Requirement

All students, staff, faculty and visitors on Marymount’s campuses must wear face coverings at all times, except when alone in an office/dormitory room (if positioned six feet or more away from the door) or if an exception is granted.

Contact Tracing

Marymount conducts manual conduct tracing for students, staff and faculty. Steps to mitigate spread are taken – for students, a Student Health Services (SHS) case manager is in daily contact to monitor symptoms, while employees are able to seek care from either SHS or their primary care physician.

All University members must complete the #CampusClear symptom tracker every day. Smartphone users can download the app from the Apple App Store or Google Play, or it can be accessed online through this link. Everyone is also encouraged to download and use the COVIDWISE app, which helps Virginia track cases and exposure.

Testing

Marymount offers on-site testing through SHS, currently with results sent to local labs. Beginning in late September, rapid (15 minute) testing will be offered by SHS for community members who either have COVID-19 symptoms or have had a known or suspected recent exposure to a positive case.

(more…)


Arlington Public Schools says any in-person return to classrooms will be phased, bringing back certain student groups before others.

That was revealed in a School Talk message sent to APS families on Tuesday. Officials also announced plans to help connect working families in need of childcare during remote schooling with local options.

The email, sent by Superintendent Francisco Durán, said students with disabilities would be the first to return once APS determines that it’s safe to resume some in-person instruction. Students in Pre-K through 3rd grade, as well as English Learner students, would phase in next, followed by all other students who opt in to the hybrid model of two in-person instruction days per week.

To decide when a hybrid model can safely begin, APS is looking at metrics like family and employee preferences, global availability of PPE and custodial supplies, and COVID-19 health metrics at local to national levels, according to APS spokesman Frank Bellavia.

“As we prepare for distance learning, I want to reiterate that we remain in close contact with state health officials and the Arlington County Public Health Division to monitor health data and evaluate opportunities to gradually phase in hybrid, in-person instruction,” Durán wrote. “I will notify you well in advance as plans progress and circumstances change.”

The letter also said Arlington County’s Department of Human Services (DHS) has identified 328 available slots in childcare centers and family day care homes located throughout the county.

These facilities are not affiliated with APS and families would have to pay to send their children there. The department is currently looking for additional slots and ways to expand options for low-income families.

“APS is providing childcare for staff only in our buildings. We are not providing childcare for families in our facilities,” Bellavia said. “Instead, APS is working with Arlington County to identify current childcare centers and in-home childcare facilities that can accommodate additional children.”

DHS is working for a way to prioritize children and families with the highest need when filling these slots, according to Bellavia.

More from Durán’s letter:

We know childcare is a major challenge for working families. We are working with the County to make some options available. The Department of Human Services has been working to expand availability among existing childcare providers, encouraging closed centers to reopen, and helping potential providers overcome obstacles such as licensing and land use processes. Through this work, DHS has identified more than 300 available slots through existing providers, based on numbers reported at the end of July:

  • Childcare Centers (63 total): 32 currently open with approximately 145 slots available
  • Family Day Care Homes (120 total): 109 currently open with approximately 183 slots available

More than 20 of these providers have indicated interest in expanding their hours and age ranges to accommodate school-aged children. DHS is supporting those efforts and creating a process to prioritize available slots to support children and families with the highest need. We are also working with the YMCA and other local non-profits and to expand options for low-income families. More details and how families can access these childcare options will be communicated through APS and the County as this work progresses.

The new school year is set to start online only, on Tuesday, Sept. 8. In July, Durán said he hoped to start transitioning students back in-person instruction in October.

Staff photo by Jay Westcott


This sponsored column is by James Montana, Esq. and Doran Shemin, Esq., practicing attorneys at Steelyard LLC, an immigration-focused law firm located in Arlington, Virginia. The legal information given here is general in nature. If you want legal advice, contact James for an appointment.

For the Trump Administration, asylum claims at the border are a problem. Title 42 is the new solution.

What’s the problem? When an asylum seeker arrives at the border and claims that she is fleeing persecution, she has the right, under U.S. law, to have her claims heard before a fair and impartial adjudicator. Unfortunately, the United States lacks the ability to house asylum seekers in decent conditions for the amount of time that this adjudication requires.

Therefore, asylum seekers are routinely released into the interior of the United States to have their claims heard at other Immigration Courts — including our own local Immigration Court in Crystal City.

What’s the solution? Title 42, United States Code. Title 42 empowers the President to take actions to protect public health, and, under color of Title 42, U.S. Customs and Border Protection (CBP) is expelling immigrants on the basis of the COVID-19 pandemic. Attorneys like ourselves are calling these proceedings Title 42 proceedings to distinguish them from ordinary immigration proceedings under Title 8.

Beginning on March 21, 2020, the Trump Administration invoked its powers under Title 42 to expel immigrants who arrive at U.S. land borders, arguing that allowing immigrants to enter through the U.S. border increases the risk of introducing more COVID-19 cases into the United States.

According to CBP, “persons subject to the order… will be immediately expelled to their country of last transit. In the event a person cannot be returned to the country of last transit, CBP works with interagency partners to secure expulsion to the person’s country of origin and hold the person for the shortest time possible.” Some sources say that the expulsion procedure takes an average of 96 minutes.

CBP claims that there will be exceptions for humanitarian reasons. However, based on our recent experience with this relatively unknown procedure, we learned firsthand that CBP may not be properly taking humanitarian factors into consideration when determining whether to expel a person at the border.

Just a couple of weeks ago, our office learned that CBP had detained two unaccompanied minors in Texas. These children did everything they were supposed to do — they did not sign any documents allowing for their return to their country, they expressed that they were afraid to return to their country, and asked to speak with an asylum officer.

However, the immigration authorities did not listen and said that unless they got a lawyer, they would be put on a plane and sent back to their country. They were also not allowed to tell their family members where they were.

Our office stepped in to try to save these children from being expelled. Sadly, it took our office’s intervention and insistence that these children feared persecution and torture in their home country to convince CBP to take these children out of Title 42 proceedings and place them into regular immigration proceedings.

Unfortunately, this seems par for the course. Some of our readers may have read about ICE detaining children at a hotel in McAllen, Texas. It took a lawsuit to get these children out of the hotel and into regular immigration proceedings.

Many advocates believe that these Title 42 proceedings are illegal and violate our obligations under international human rights treaties, which Congress and Presidents past also enacted into U.S. law. On August 14, 2020, various nonprofit organizations sued the Trump Administration over these Title 42 proceedings, arguing that these proceedings violate various laws and deny asylum seekers a meaningful opportunity to apply for asylum in the United States.

The legality of these proceedings is in dispute. Our experience suggests that the Trump Administration knows that it is taking an aggressive approach which will be hard to defend in court. It is a bedrock principle of American law that the identity of the speaker does not matter. A pro se litigant’s request for asylum should not be ignored simply because she does not have a lawyer.

Our clients were ignored until we intervened. CBP’s response to unrepresented immigrants violates the right to due process enjoyed by all litigants in our legal system, whether represented or pro se.

This is a topic we will follow closely and we will report back with updates. We welcome your thoughts and comments and will do our best to respond.


(Updated at 11 a.m.) Arlington has reached a new high water mark for coronavirus cases this summer.

The county recorded 175 new COVID-19 cases over the past seven days — an average of 25 per day — according to new Virginia Dept. of Health data. Twenty-nine new cases were reported overnight.

The seven-day trailing total of new cases peaked in early May at 316, during the height of the local epidemic. It bottomed out at 42 in late June, and reached a previous summertime peak of 156 on Aug. 8.

Arlington’s test positivity rate has also been increasing. It currently stands at 5.3% — above the county’s 3.7% positivity rate two weeks ago but below the current statewide average of 6.7%. More than 400 PCR-based tests are being performed daily in Arlington, on average.

There is a common thread among those testing positive: they’re typically younger. According to VDH data, analyzed by ARLnow, fully 70% of new cases in Arlington over the past month are among those below the age of 40.

Meanwhile, after more than a week of no new hospitalizations in Arlington, five new COVID-related hospitalizations have been reported over the past two days. No new COVID-related deaths have been reported in Arlington for weeks.

Asked last week whether the county’s contact tracing efforts have revealed anything about where people are getting infected, an Arlington Public Health spokesman said no notable trends have emerged.

“There is no evidence of a specific source or location that has put people at risk of infection more than others,” said Ryan Hudson. “Not being able to identify a single source, or a few sources, is the definition of community spread.”

In D.C., however, officials have revealed more information.

The District’s health director said Monday that indoor restaurants are sources of spread, but travel, social gatherings and the workplace are even bigger sources of infection.

Arlington County Board Chair Libby Garvey appeared to provide some additional information on local sources of spread during a chamber of commerce event this week, pointing the finger at restaurants and family gatherings.

From InsideNova:

The number of new daily coronavirus cases in the region has fallen significantly since reaching a peak in late May, but a recent uptick, particularly associated with bars, restaurants and family gatherings, may require tightening some restrictions, said Libby Garvey, chair of the Arlington County Board.

“We’ve got to find a way to enforce things and be surgical about it because we’re going to be living with this for a while,” Garvey said during an online forum presented by chambers of commerce from across the region. “We’re going to have to do things that are hard… I think we’re going to have to come together again and have some tough discussions.”

In a Washington Post article, Garvey is more specific.

“The stubborn increase in Arlington is driven in large part by young adults who have not been using masks or maintaining their distance inside bars and restaurants, particularly in the trendy Clarendon and Rosslyn neighborhoods, said Libby Garvey,” the Post reported.

The restrictions Garvey is considering, according to the Post, “include a curfew in some areas. Or, if the situation worsens, bars and restaurants may need to be shut down.”

“I don’t know that we should keep our schools closed in order to keep our bars and restaurants opened,” Garvey is quoted as saying.

While the younger people who are disproportionately contracting COVID-19 are at lower risk for serious complications than those who are older, there are growing concerns about the long-term implications of the disease, even among those with relatively minor symptoms.

From Marketwatch:

A recent study of 60 COVID-19 patients published in the peer-reviewed medical journal Lancet this month found that 55% of patients in one study were still displaying neurological symptoms during follow-up visits three months later, including confusion and difficulty concentrating, as well as headaches, loss of taste and/or smell, mood changes and insomnia.

Younger COVID-19 patients who were otherwise healthy are suffering blood clots and strokes. Many “long-haulers” — COVID-19 patients who have continued showing symptoms for months after the initial infection passed — report neurological problems including confusion, difficulty concentrating, headaches, extreme fatigue, mood changes, insomnia, plus loss of taste and/or smell.


The East Falls Church and Arlington Cemetery Metro stations are scheduled to reopen this weekend, WMATA says.

The transit agency announced that its planned outdoor platform reconstruction work along the Orange Line is “well ahead of schedule,” allowing East Falls Church and other stations to return to service.

The East Falls Church station will reopen Sunday, according to WMATA. It closed in March, at the outset of the pandemic, along with the Clarendon and Virginia Square stations — which reopened in June.

The Arlington Cemetery station is also set to reopen on Sunday, as Metro works to return rail service to pre-pandemic levels.

Also available to East Falls Church commuters: a new bike parking facility at the station, which cost around $2 million and was originally slated to be completed in 2015. Cyclists need to register online before using the “Bike and Ride” facility.

More on the reopenings from a WMATA press release:

With the project to reconstruct outdoor platforms at four Orange Line stations west of Ballston proceeding well ahead of schedule, Metro today announced that East Falls Church will reopen this Sunday, August 23. The early reopening of East Falls Church will follow yesterday’s ahead-of-schedule reopening of West Falls Church and the five Silver Line stations in Virginia. Rail service has returned to near pre-pandemic levels, and Metrobus service will increase dramatically beginning Sunday, August 23.

Also today, Metro announced that Arlington Cemetery Station, closed since March due to the Covid-19 pandemic, will also reopen on Sunday, leaving only two of Metrorail’s 91 stations – Vienna and Dunn Loring – that will remain closed for a few additional weeks.

Dunn Loring and Vienna will open Tuesday, September 8, marking the first time all Metrorail stations have been open since March 19 when Metro initiated strategic station and entrance closures as part of its comprehensive response to the public health emergency.

Returning Orange Line customers may notice ongoing construction activity even after stations reopen, as Metro’s commitment is to restore service on the first day it is safe for customers, which is often weeks earlier than a project’s completion date.

East Falls Church Station customers will benefit from the station’s new secure Bike & Ride facility that offers secured bicycle parking at no charge. To access the facility, customers must use a registered SmarTrip card and must first complete the online Bike & Ride registration form, available here.

Photo courtesy Elvert Barnes


It has been nine days since Arlington County last recorded a COVID-related hospitalization, and more than two weeks since the last reported death, according to Virginia Dept. of Health data.

The data does not tell the story of those with significant illnesses that do not require hospital stays, nor does it say anything about the virus’ potentially serious short- and long-term complications. It does, however, point to a pandemic that is still infecting people locally but without the lethality that was evident earlier this year.

As of Monday morning, the seven-day total of new cases in Arlington had climbed to 155 — just one below the summer peak from a week ago. Thirty-three new cases were reported on Sunday alone. Arlington’s seven-day test positivity rate, meanwhile, has climbed to 5.3% today from 4% on Aug. 5.

In a statement, Arlington’s public health division said it is closely monitoring a rise in cases among younger residents, who are less likely to get seriously ill from COVID-19 than older people.

From Arlington Public Health spokesman Ryan Hudson:

Arlington County has seen an increase in cases among younger patients since July 1, particularly those in the 20-29 and 30-39 age groups (over half the cases reported today were among residents 20-39 years of age; 23 of the 42 new cases). This represents a new trend in the County’s COVID-19 cases compared to April and May, when most of the new cases were in the age groups 40-64 and 65+. However, there is no evidence of a specific source or location that has put people at risk of infection more than others. Not being able to identify a single source, or a few sources, is the definition of community spread.

Public Health will continue to closely monitor this trend, but in the meantime, everyone needs to realize that when we gather together, we can have germ transmission. That is why it is important to remember that even though Virginia has lessened restrictions on gathering, it doesn’t mean Arlingtonians should be relaxing behaviors we know will prevent spread of the COVID-19 virus – things like staying home as the preferred option, keeping 6 foot distances or more when venturing out for essential needs, and wearing face coverings. Public Health continues to work with our community to stress the importance of abiding by these personal behaviors.

Despite the lack of hospitalizations reported by VDH, Virginia Hospital Center ER chief Mike Silverman said in his weekly social media post on Friday that the Arlington hospital is actually seeing an uptick in COVID patients.

“The number of patients currently hospitalized today is up a bit compared to the typical baseline numbers we’ve seen the last 6-8 weeks,” Silverman wrote, adding that the hospital is “seeing a very slight upward trend of COVID positive patients diagnosed in the ER but it’s the equivalent of about 1 patient more a day than a month ago.”

Nationally, a summertime spike in new cases has slowed, but experts predict total COVID deaths — currently around 170,000 — could reach as high as 200,000 by Labor Day.

Meanwhile, questions still remain about what will happen in the fall, as some colleges and schools reopen and as the normal flu season takes hold. There are also questions about whether the coronavirus itself may change — during the 1918 pandemic, the flu virus mutated and became more deadly after a relatively mild summer flu outbreak — though many health experts have been skeptical of reports of significant mutations during the latest pandemic.


The Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

In a hastily called meeting before their traditional August break, the Arlington County Board passed an emergency ordinance that prevents groups of four or more from standing closer than six feet to each other in marked public spaces. There was no public discussion or input prior to the surprise announcement.

Under the ordinance, my family could not wait at a traffic light together even if we are wearing face coverings, without the risk of a $600 fine. However, we could walk into a restaurant and sit together without face coverings. Fellow columnist Chris Slatt rightly called it a mess.

The County Board should call another emergency meeting and withdraw the ordinance. If they cannot bring themselves to do that, they should consider rewriting it before the September meeting. It must be made clear whether family units are subject to fines. The Board must also make clear whether it applies to protests or marches.

The final point here is that the County Board should not be taking a break this August. They passed an emergency ordinance in the name of an ongoing public health emergency, but they are not planning to formally meet for nearly eight weeks. It sends mixed messages about how serious they are taking COVID-19 right now in Arlington.

Speaking of mixed messages, the Arlington Public Schools superintendent updated the community about the APS back to school plan in a presentation to the Arlington School Board.

In the presentation, Mr. Durán announced that APS was planning to make child care available to teachers with kids ages four to 11. While Durán acknowledged that child care was a pressing issue for parents as well, the schools are promising to use extended day staff in school buildings throughout the county as child care facilities for teachers. Presumably, these APS staff members will be making sure the children placed in APS provided child care are taking part in their online instruction.

When online learning begins September 8, parents will have to balance their own jobs with making sure their kids are logging in and participating in their school schedule. If your job requires you to be physically present outside the home, you will have to make alternative arrangements. Teachers with the same age kids will have a taxpayer-backed staffer and building available to do it for them.

Also, the Arlington Education Association stated that safety was the paramount concern when they demanded APS reverse course on in-person instruction. Have they weighed in on the safety concerns for the staff and possibly 1,000 children taking part in child care at the schools?

While APS is resisting the idea of setting forth metrics for reopening, the calls for specifics may grow when parents discover teachers are being treated differently when it comes to child care.

Mark Kelly is a 19-year Arlington resident, former Arlington GOP Chairman and two-time Republican candidate for Arlington County Board.


After being closed for months, Arlington Cinema and Drafthouse (2903 Columbia Pike) is planning to reopen this weekend, but with restrictions.

Owner Tim Clark said this week’s reopening is a test drive to gauge public interest in attending the entertainment venue while the rate of coronavirus cases is still going up.

“It feels weird, but good,” Clark said. “There are a lot of unknowns, but we’re excited to get back up. [We’ll be at] 33% capacity for everything, and with social distancing probably under that… We just really want to see how the room flows and how people react.”

Clark said he recognized that the prospect of reopening the venue, which has been closed since March 13, is likely to concern people.

“At this point, we feel pretty confident in how we’re going to reopening,” Clark said. “We’re keeping to all of the mandates and recommendations. We’re doing everything we can. We still have bills and have everything going forward, so having zero revenue was going to be detrimental to the business. We’re seeing a small window and this is really a test.”

Clark said the venue will be run by what’s left of his staff. Many people have moved out of the area or found other jobs. While recognizing that it wasn’t exactly environmentally friendly, Clark said in the interest of public health the venue is also going fully disposable containers and utensils for its limited menu.

“Excited to see if people come out,” Clark said. “I think people are itching for it.”

According to the theater website:

Mask or facial covering will be required for entry into theater and must be worn while moving around inside the theater, no exceptions.   Once you are seated the masks may be removed for eating/drinking.  Seating will be in compliance with social distancing Virginia phase 3 mandates.  Full menu will be available for purchase tableside.   High touch areas will be sanitized regularly during and between events.  No one with a fever, COVID 19 symptoms or know exposure to COVID 19 with in the last 14 days will be permitted in the establishment.

This weekend, comedian Sarah Tollemache is scheduled to perform stand-up shows at 7 and 9:30 p.m. on Friday (Aug. 6) and Saturday (Aug 7). Tickets will be $20.

The venue will also be showing The Goonies on Saturday and Sunday at 1 p.m. Tickets are $5.

Photo via Arlington Cinema & Drafthouse/Facebook


Modern Mobility is a biweekly opinion column. The views expressed are solely the author’s.

On Friday, the County announced a new emergency ordinance prohibiting pedestrians from congregating on sidewalks in groups of more than three people or ever being less than 6′ apart from any other person.

Targeted quite plainly at young, mask-less patrons waiting in tightly-packed lines for long periods of time outside of Clarendon bars whose capacity has been limited by social-distancing requirements, the ordinance seems well-intentioned but flawed in concept.

The Ordinance

The ordinance, as released by the County states the during a state of emergency, “pedestrians shall obey signs and other signals erected on highways, streets, sidewalks, and public spaces adjacent thereto used by pedestrians prohibiting pedestrians from congregating in groups of four or more than four persons in those places and requiring pedestrians to maintain a physical separation from others of not less than six feet at all times.” I will note, however, that the verbiage about “and public spaces adjacent thereto” does not seem to exist in the language passed by the Board during the virtual board meeting.

Problems with the Ordinance

The ordinance appears to criminalize common behaviors: A plain reading of the ordinance would appear to prevent a family of four from walking down one of these signed sidewalks together without maintaining 6′ of distance between all family members, including small children.

The ordinance results in some very strange juxtapositions. Four people sitting at an outdoor dining table eating dinner, mask-less is not just legal, the County has adopted other emergency legislation to fast-track the creation of more outdoor dining space to encourage it. Those same four people, the exact same distance apart, but now standing on the sidewalk outside of a dining area are now all subject to a $100 fine. If those four now all climb into a car together, parked on the street in front of that same restaurant, they are legal again. (more…)


As health officials work to tamp down rising COVID-19 cases in Arlington, the Arlington Sun Gazette published a letter to the editor today comparing local public health efforts to Nazi Germany.

The letter, headlined “Arlington now pitting neighbor against neighbor,” seemingly conflates contact tracing efforts — long used to try to prevent the spread of infectious disease — with “tattling.”

“Months ago, a member of the county’s COVID task force approached me to ‘track and trace’ my friends and neighbors without their knowledge,” says the letter, which was published online this morning. “In grade school this would be called tattling (or snitching), and is a common practice in Communist countries. It also was prevalent in the National Socialist German Worker’s Party in Germany, commonly known as Nazis. This undermines and destroys communities, friendships and families.”

The letter goes on to suggest, without evidence, that such efforts may be part of a plot to divide neighbors.

“Why would elected officials deliberately want to turn us against ourselves? That may have been the plan since the beginning. It’s contemptible,” the letter says. “The county government should remember they work for the residents of this county; we are not subjects or slaves.”

A letter to the editor from the same Arlington resident, published in 2018, was titled “Quit complaining, deal with occasional hiccups of life.”

Photo by Fusion Medical Animation on Unsplash


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