It is the topic of debate across the province..Did Alberta Premier Jason Kenney and key members of his cabinet break his own government’s COVID-19 rules as he sat with them on the penthouse patio of Edmonton’s Federal Building — famously dubbed the “Sky Palace” — complete with a bottle of whiskey and wine, on a balmy Edmonton evening?.We will break down the facts and check them against the Kenney government’s COVID-19 restrictions that remain in place..Undisputed Facts.• The pictures appears to show Premier Jason Kenney, Environment Minister Jason Nixon, Health Minister Tyler Shandro and Finance Minister Travis Toews. They are joined by an unidentified woman and an unidentified man. Two other men are seen walking away from the table..• In total, there are eight people in the photo from different households..• No person in the photo was wearing a mask..• The rooftop patio is on the penthouse floor of the “Sky Palace.”.• The “Sky Palace” is licensed as a venue to serve alcohol and serve catered food on a regular basis..• The “Sky Palace” penthouse and rooftop patio is not private property or a residence.. FILDEBRANDT: Sky Palace patio party aborts Kenney’s political recovery before it begins .“Patio Dinning” or “Outdoor social gathering”?.Kenney’s defence of the meeting on the Sky Palace’s rooftop patio rests on his assertion that the meeting was an “outdoor social gathering” as defined by Stage One of his reopening plan, and not “outdoor patio dining.”.Outdoor social gatherings are permitted for up to 10 people, however outdoor patio dining is limited to just four individuals. Just what category this gathering falls under is the primary dispute between the defenders of the UCP government, and those that say they broke their own rules..The dispute over which kind of gathering it was hinges on what the Sky Palace rooftop patio is considered to be..It is not a residential space, despite the building’s design plans under former premier Allison Redford. It is therefore not the private space of the premier to entertain guests..It is also not a commercial restaurant or bar, however the space is licensed to sell alcohol and cater food..If AHS preformed a hypothetical inspection, they would have to make a determination of if the locale constituted “patio dining,” or a “outdoor social gathering.”.If it was deemed to be patio dinning, then the meeting would be in clear contravention of the Kenney government’s COVID-19 restrictions. If however the meeting was deemed to be an outdoor social gathering, they would still not be off the hook with AHS..Household numbers.Even “outdoor social gatherings” are limited to a maximum of 10 people, and there are eight shown in the photo. By this measure, Kenney and his guests did not break their own rules..However, the governments states “Two household cohorts maximum is encouraged.”.Every single person shown in the photo is believed to live in different households, making for eight counts of violating the guidelines, if not the regulations..Guideline violations: 8.Physical Distancing.The government’s regulations for outdoor social gatherings requires “mandatory physical distancing must be maintained at all times between members of different households.”.All attendees at the table are within one meter of each person to their left or right. Additionally, the two men walking from the table through the door are within less than one meter from one another..Legal Regulatory violations: 8.Moving Indoors.The government’s regulations of outdoor social gatherings further require that they “must not have an indoor component (movement in/out of homes is not permitted.”).The photo clearly shows two men walking from the table towards the door to enter the penthouse of the Sky Palace. Unless a ladder was used, the other six attendees at the table are required to move in/out of the penthouse to reach or leave the rooftop patio..Legal Regulatory violations: 8.Conclusion.While the meeting itself would most likely be classified by AHS as outdoor patio dining – which makes it illegal for more than four people to gather at a table – the government can argue it should be considered a outdoor social gathering..Even if it was an outdoor social gathering, the event would still break a ream of the government’s own COVID-19 restrictions. This includes:.• 8 guideline violations for having members of different households..• 8 legal regulatory violations for not physically distancing, and.• 8 legal regulatory violations forming in and out of doors..In total, this fact check finds that even using the premier’s own defence, Kenney and his colleagues violated eight of its government’s guidelines and 16 of their legally binding regulations..Dave Naylor is the News Editor of the Western Standard.,dnaylor@westernstandardonline.com,.Twitter.com/nobby7694
