OK spending $10,000 on sales tax poll

By Daniel Borsuk

The Contra Costa County Board of Supervisors got an earful of complaints on Tuesday from citizens upset over a proposal to award Sheriff David O. Livingston’s department a $2.8 million pay raise up and a department request to buy a $275,000 LDV Custom Specialty Vehicle at a time library hours are being slashed and librarians are getting pink slips.

At the last minute, a proposal to layoff up 16 Department of Child Support Services workers was scuttled from the agenda when county officials learned that the Governor’s Office has proposed state funding that could keep the child support services positions on the payroll. County officials were unaware of the new state funding source before Tuesday’s meeting and details were not provided at Tuesday’s meeting.

In the Black Lives Matter era, supervisors listened via teleconference how speakers objected to the county’s proposal to give Sheriff Livingston, who has been the target of numerous complaints from citizens about how his deputies abuse the rights of male and female prisoners of color, should not receive a $2.8 million increase for fiscal year 2020/2021 when many other county services like libraries are taking funding cuts.

County Administrator David Twa said because of the uncertainty of the state’s fiscal situation due to COVID-19, the supervisors will not get around to passing a 2020-2021 budget until August, not June.

Speakers also opposed Sheriff Livingston’s request to use a $275,000 2017-2018 State Homeland Security Grant Program to buy a 2019 or 2020 Ford F550 Logistics Support Vehicle.

“Now is not the time to increase the Sheriff’s budget,” protested Harry Baker of Pleasant Hill, who had demonstrated a day earlier in front of Sheriff Livingston’s Danville home. Speaking to supervisors’ telephone, Baker said. “Keep the libraries open. Police brutality is on the rise. Don’t increase the sheriff’s budget.”

“You should not increase the sheriff’s budget when you’re making cuts in the library and child support services,” complained Francisco Torrez of Pittsburg. “Libraries are part of our democratic process. Hospitals are needed in West county   Talk about militarization. We don’t have any faith in our Sheriff.”

“I oppose increasing the Sheriff’s budget,” protested Rachel Cohen of Danville. “He has proven to be a racist. Juvenile Hall should be closed. Fund social programs, public housing, libraries. Look at Minneapolis, San Francisco, Portland, Oregon, at what police should look like.”

Several speakers like Raymond Hutchins called on supervisors Diane Burgis of Brentwood, Karen Mitchoff of Pleasant Hill and Federal Glover of Pittsburg for accepting collectively $22,500 in campaign funds from the Contra Costa County Sheriff’s Association.

None of the three supervisors addressed the charge about accepting sheriff’s association campaign funds, especially Glover who faces a runoff election this November against county assessor Gus Kramer.

Neither the sheriff nor a spokesman was available to comment about the protestor’s statements at Tuesday’s meeting.

Concerning the sheriff’s request for a $275,000 LDV Custom Specialty Vehicle, speakers questioned why the Sheriff’s Office needs an armored vehicle for search and rescue purposes and other speakers thought the vehicle will be improperly used by deputies to patrol peaceful BLM demonstrations.

“This truck will used to respond to wildfires,” said Supervisor Mitchoff. “This is an armored vehicle. Its main use is for support.”

Supervisors unanimously approved the state grant for the sheriff to buy the CSV.

Libraries Reduce Hours, Cut Staff

County librarian Melinda Cervantes relayed the bad news to supervisors that because of the dwindling revenues, several cities have to cutback operating hours to the county’s mandatory 35 hours per week schedule. As a result of the reduced operating hours, the library is laying off 32 librarians, mostly library assistant -journey level employees.

The Brentwood library will cut hours per week from 56 to 35, Clayton from 56 to 35 hours, Concord from 52 to 48 hours, Danville from 60 to 56 hours, El Cerrito from 50 to 46 hours, Hercules from 43 to 39 hours, Lafayette from 58 to 54 hours, Moraga from 39 hours to 35 hours, Orinda from 60 per week to 56, San Pablo will reduce hours from 47 to 35, and San Ramon from 58 hours to 54 hours.

County Administrator Twa said the librarians will be offered positions elsewhere in the county, most likely clerical positions.

Supervisors voted 5-0 in approving the reduction in library operations and staffing.

Agree to Spend $10,000 on Sales Tax Poll

In the county’s quest to draw additional funds to support public services, the supervisors agreed on a 4-1 vote to spend $10,000 for a polling firm to test prospective voters whether a tax increase could muster voter approval this November.

Board chair Candace Andersen of Danville cast the lone dissenting vote on the proposal suggested by District 1 Supervisor John Gioia of Richmond. Some $21,000 has already been raised to conduct a poll from labor unions and other organizations.

Certain features of the 75-word poll would test the public’s opinion about the pandemic, willingness to pay more in taxes in the areas of hospitals, sheriff services, abuse, senior services, mental health, youth services, and criticism in the community.

Hair Salons, Barber Shops Allowed to Open

Supervisors were informed from Deputy Public Health Officer Dr. Tom Warren that the county is taking another step toward alignment with the state’s guidance on opening businesses and activities, while recommending that residents stay home as much as possible and take steps to protect themselves and each other when leaving the house.

Dr. Warren told supervisors the county’s health order now allows hair salons and barber shops to reopen for business beginning Wednesday morning. They must follow state health guidance to reduce the risk of spreading COVID-19.

The new order also increases the number of swimmers who may share a pool to 1 person per 75 square feet, as allowed by the state. The social distancing order also allows as many as 100 persons to attend a funeral or other religious service at an indoor place of worship, in line with the state health guidance.

Planning Review to Begin on Walnut Creek Area Senior Development

The Contra Costa County Conservation & Development Department got the green light to begin general plan amendment study of Spieker Senior Development Partner’s congregate care/senior housing development (CCSHD) in unincorporated Walnut Creek, at the end of Seven Hills Ranch Road.

The project is regulated by the State of California Department of Social Services to provide lifetime occupancy and support services, instead of ownership interests.

The development consists of two independent living units providing about 351 total units and a health care center with 100 total units – 50 units for skilled nursing, 20 units for memory care and 30 units for assisted living.

The proposed development would provide a clubhouse, recreation building, parking, and maintenance buildings.

Includes hair salons, barber shops, and 100 people at indoor church services and funerals

Contra Costa Health Services is taking another step toward alignment with the State of California’s guidance on opening businesses and activities at a pace that protects public health and safety. At the same time, CCHS continues to recommend that residents stay home as much as possible and take steps to protect themselves and each other when leaving the house.

The Contra Costa Health Officer has amended the county’s health order to allow hair salons and barbers to reopen for business beginning Wednesday morning. They must follow state health guidance to reduce the risk of spreading COVID-19.

The new order also increases the number of swimmers who may share a pool to 1 person per 75 square feet, as allowed by the state.

The social distancing order also allows as many as 100 people to attend a funeral or other religious service at an indoor place of worship, in line with the state’s health guidance.

Some of Contra Costa’s key indicators for measuring how well the community is slowing the spread of COVID-19 did increase in the first half of June, an expected outcome as more people come into more contact with each other as the county gradually reopens businesses and activities.

CCHS is carefully monitoring that data and could adjust the reopening timeline to protect the public health.

CCHS encourages everyone to take simple steps to protect themselves from COVID-19: Follow the shelter-in-place order, and wear a face covering when you go out or are near other people. Wash your hands thoroughly and frequently, and always stay home from work or school if you are not feeling well.

Visit www.coronavirus.cchealth.org/health-orders to read the new health order and its appendices, and for local information about Contra Costa’s response to the COVID-19 pandemic.

 

Beginning Monday, June 15, the Library will offer Front Door Service at 23 community libraries. The service will allow patrons to pick-up books, DVDs and audiobooks placed on hold through the Library’s website at ccclib.org.

Those patrons with holds on the shelf from early March, before the Health Order began, will have the opportunity to make appointments first. This is necessary to clear the thousands of holds currently on library shelves and make room for new holds. Those patrons will be contacted with instructions explaining how to make an appointment to pick up their materials. Appointments are encouraged, but not required. Those coming to the library without appointments may experience a wait.

New holds can be placed beginning on Thursday, June 18, and appointments will be open to any patron who wishes to pick up available holds. Patrons will be notified when their holds are ready. They will make an appointment at the appropriate location and schedule a pick-up time. Once at the library location, the patron will call or text the number on the sign at the front of the building. Staff will confirm the library card number and collect the items. Materials will be placed in a bag with the patron’s name on it and put on a table at the front door. It is a safe, contactless process.

“We are eager to reconnect with library users and take this important step toward reopening,” said County Librarian Melinda Cervantes. “Staff are taking every precaution to provide visitors with a safe, library experience.”

Front Door Service is available during regularly scheduled hours at 23 locations. See the full list of locations and hours here. All libraries will be closed on Sundays. Front Door Service will not be available at the Pinole, Pleasant Hill or Prewett locations until further notice.

For the safety of our patrons and staff, Library items will be quarantined for a minimum of 72 hours in between each use. Staff will wash their hands frequently, wear masks and observe social distancing protocols. Patrons approaching the front door should also wear a mask and observe social distancing guidelines. All returns should be placed in the book drop.

Stay tuned to ccclib.org for more information about how to use Front Door Service.

For questions about library services, contact staff via Chat, Monday – Friday from 10 a.m. to 5 p.m. or text questions to (925) 290-7627.

From Contra Costa Health Services

The State of California this week granted Contra Costa County a variance that allows more local control over when some activities restricted by the COVID-19 pandemic may resume.

The variance allows Contra Costa to move ahead with its road map for reopening at a pace that is appropriate for local conditions, which includes hair salons, indoor dining, gyms and schools in coming weeks.

“We are able to reopen more businesses and activities because the people of Contra Costa have diligently followed the health orders restricting our activities for many months,” said Candace Andersen, chair of the Contra Costa County Board of Supervisors. “We remain committed to a safe and careful reopening for our county.”

In an attestation filed to the state this week, Contra Costa Health Services (CCHS) outlined the progress at managing the spread of COVID-19 locally and how the local healthcare system is preparing in the event of a new surge in cases.

If safe to do so, hair salons and barber shops can reopen for business on June 17, according to a timeline released by CCHS. Indoor dining, bars, gyms and fitness centers, hotels and some indoor entertainment venues may follow July 1.

The county’s timeline could change if community health indicators worsen, such as an increase in the number of new cases or patients hospitalized with COVID-19.

Contra Costa is the first of six counties in the lower Bay Area to seek or receive a variance from the state COVID-19 health order, joining the North Bay counties of Napa, Solano and Sonoma.

Visit cchealth.org/coronavirus for more information about Contra Costa’s response to the COVID-19 pandemic.

 

Claims “Restricting Religious Gatherings to 12 Participants Unconstitutionally Violates Right to Equal Protection”

“…the County’s Order violates federal and state law while unashamedly discriminating against houses of worship.”

On Wednesday, June 10, 2020 a formal legal letter was by attorney Harmeet Dhillon, founder of the Center for American Liberty, to members of the Contra Costa County Board of Supervisors, to ensure county health services staff follows through with their commitment to change the requirement to a recommendation that places of worship gather names and contact information of those who attend services and provide it to the county upon request. (See related articles, here, here and here). In addition, the letter points out that the county’s health order limiting indoor services to 12 people also violates the Constitution. 2020.06.10_HDhillon CAL Letter to Contra Costa County

June 10, 2020

Contra Costa County Board of Supervisors

651 Pine Street

Martinez, CA 94553

Re: Unconstitutional Contra Costa Health Services Order No. HO-COVID19-17, Specifically Regarding “Additional Businesses” (section 3 of Appendix C-1, Updated June 5, 2020)

Dear Board of Supervisors:

We write today, on behalf of clients in Contra Costa County, to demand the immediate rescission of Contra Costa Health Services Order NO. HO-COVID19-17 (the “Order”). The Order is concerning for two reasons: (1) Its requirement that houses of worship—and only houses of worship—keep and upon request disclose “a record of attendance” to Contra Costa Health Services violates both state and federally protected rights of associational privacy; (2) Restricting religious gatherings to no more than 12 participants violates First and Fourteenth Amendment protection. And while we appreciate the County’s recent announcement that it plans to revise its requirement that houses of worship keep and disclose attendance lists, until such plans manifest, we reiterate our objection over its current text.

1. Restricting Religious Gatherings to 12 Participants Unconstitutionally Violates First Amendment Rights

The First Amendment to the U.S. Constitution prohibits government actors from enforcing any “law respecting an establishment of religion, or prohibiting the free exercise thereof.” U. S. Const. amend. I; see also Cantwell v. Connecticut, 310 U.S. 296, 303 (1940) (applying the First Amendment to the States through the Fourteenth Amendment). Under strict scrutiny, the government cannot burden religious activity unless it first establishes (1) a compelling interest for imposing such burdens, and (2) that the burdens are the “least restrictive means” necessary to further that compelling interest. Federal courts routinely enjoin the enforcement of laws and policies under this standard. See e.g., Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah 508 U.S. 520, 524 (1993).

The County’s Order severely burdens religious expression. The Order’s restriction on indoor religious services—limiting the number of participants to 12 persons or 25% of the building’s capacity, whichever is less—does not survive exacting scrutiny in that it is not the least restrictive means to accomplish the County’s interest in public health. Simply put, there are better ways for the County to accomplish its interest in public health that do not burden religious expression as much. For example, restricting participation on a percentage basis only—with respect to facility seating capacity—is a better solution. Twelve people in a sanctuary that holds one thousand looks very different from twelve people in a sanctuary that holds one hundred people.

In other words, percentage-based restrictions accommodate larger houses of worship while satisfying the County’s interest in public health and social distancing.

1. Restricting Religious Gatherings to 12 Participants Unconstitutionally Violates Right to Equal Protection

The Fourteenth Amendment of the Constitution provides that “[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV, § 1.

Equal protection requires the state to govern impartially—not draw arbitrary distinctions between

individuals based solely on differences that are irrelevant to a legitimate governmental objection. City of Cleburne, Tex. v. Cleburne Living Ctr., 473 U.S. 432, 446 (1985).

Here, the County’s 12-person limit on religious gatherings is nothing if not arbitrary. This is more restrictive than statewide health guidelines, according to the California Department of Health for places of worship, which currently limits attendance to 25% of building capacity or a maximum of 100 attendees, whichever is less; it is unclear where Contra Costa County’s “12 person” idea originates.

Additionally, no other establishment in Contra Costa County is subject to these more restrictive and draconian requirements. Costco, laundromats, marijuana dispensaries, and countless other purely secular entities are not burdened by this arbitrary, 12-person limitation.

On April 14, 2020, the United States Attorney General, William Barr, issued a statement addressing the disparate treatment being afforded to houses of worship.

As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest. While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.

Religion and religious worship continue to be central to the lives of millions of Americans. This is true more so than ever during this difficult time. The pandemic has changed the ways Americans live their lives. Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines.

The County may not treat houses of worship as second class entities; at a minimum, it must treat them equitably with respect to secular counterpart. Contra Costa Health Services Order NO. HO-COVID19-17 does the opposite—it targets houses of worship with more burdensome restrictions.

III. The Order Infringes Upon Constitutionally Protected Right to Privacy Under State Law

The right to privacy is an inalienable right under California law.3 This privacy interest irrefutably extends to participation in religious gatherings.

In Church of Hakeem, Inc. v. Superior Court, Alameda County, 110 Cal. App. 3d 384 (Ct. App. 1980), the court expressly declined to mandate disclosure of member names and addresses, even after allegations of criminal activity or wrongdoing by the church. In City of Carmel-by-the-Sea v. Young, 2 Cal. 3d 259 (Ct. App. 1970), the court affirmed a list of freedoms afforded constitutional protections, such as the freedom of association and privacy in one’s associations, encompassing privacy of the membership lists of a constitutionally valid organization. In Pacific Union Club v. Superior Court, 232 Cal. App 3d 60 (Ct. App. 1991), the court provided a robust analysis of associational rights and ultimately upheld a private club’s right not to disclose member lists.

Applied here, Contra Costa County’s Order requiring houses of worship to create and preserve the names and contact information of those in attendance at a worship service or ceremony, and then disclose such information “immediately upon request” unconstitutionally violates privacy rights while chilling religious expression. Whether gathering for political, social, or religious reasons, the right of association is sacrosanct. Unfortunately, the County’s Order deprives Californians their right to pray, worship, repent, and seek spiritual guidance privately. Rather, the Order subjects their most intimate religious activities to potential publication.

3 “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” Cal. Const. Art. 1 § 1

1. The Order Violates Right to Privacy Protected by Federal Law

The “Court has recognized the vital relationship between freedom to associate and privacy in one’s associations.” Nat’l Ass’n for Advancement of Colored People v. State of Ala. Ex rel. Patterson, 357 U.S. 449, 462 (1958). Citing American Communications Ass’n, C.I.O., v Douds, 339 U.S. 382, 402 (1950), the Court explained,

‘A requirement that adherents of particular religious faiths or political parties wear identifying arm-bands, for example, is obviously of this nature.’ Compelled disclosure of membership in an organization engaged in advocacy of particular beliefs is of the same order. Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particular where a group espouses dissident beliefs.

Here, Contra Costa County’s Order tramples Californians’ right to privacy and in doing so, violates the Due Process Clause. Similar to the state of Alabama in NAACP v. Alabama, Contra County is requiring houses of worship to disclose the identities of congregants gathering to worship. And similar to the state of Alabama, this mandatory disclosure of religious expression “curtails the freedom to associate,” “denying “the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment,” and is “subject to the closest scrutiny.” Id. at 460-61.

1. Attendance Recordation Requirement Violates Equal Protection Protected by Federal Law.

By the Order’s express terms, the Order discriminates against places of worship by requiring places of worship to create and maintain attendee lists, yet the Order places no other such burdens on any other non-religious establishment whatsoever. As the United States Supreme Court has noted, “a law burdening religious practice that is not neutral or not of general application must undergo the most rigorous of scrutiny.” Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 546 (1993). Further, “A law is not generally applicable if its prohibitions substantially under include non-religiously motivated conduct that might endanger the same governmental interest that the law is designed to protect.” Stormans, Inc. v. Wiesman, 794 F.3d 1064, 1079 (9^th Cir. 2015) (citing Lukumi, 508 U.S. at 542–46). So, “In other words, if a law pursues the government’s interest ‘only against conduct motivated by religious belief,’ but fails to include in its prohibitions substantial, comparable secular conduct that would similarly threaten the government’s interest, then the law is not generally applicable.” Id.

The County fails this standard. Houses of worship are uniquely burdened by this public disclosure requirement. And again, no other entity appears to be subjected to this standard.

In conclusion, we believe the County’s Order violates federal and state law while unashamedly discriminating against houses of worship. For these reasons, the Center for American Liberty respectfully requests that Contra Costa Health Services Order NO. HO-COVID19-17, requiring houses of worship to record and disclosure attendance at religious services, be either rescinded or amended to cure its constitutional defects. We look forward to hearing your response.

Regards,

Harmeet K. Dhillon

cc: John Gioia, Candace Anderson, Diane Burgis, Karen Mitchoff, Federal D. Glover

May also challenge 12-person or 25% capacity limit for indoor services

Following is the statement from the Center for American Liberty’s Founder Harmeet K. Dhillon concerning the Contra Costa Health Services Order No. HO-COVID19-17. (See related article)

“The Center for American Liberty was contacted recently regarding the June 5, 2020 Order issued from Contra Costa Health Services (Order No. HO-COVID19-17). This Order was concerning for several reasons and we intend to formally reach out to Contra Costa County with an analysis of our concerns.

The June 5, 2020 Order, as presently written, specifically singles out places of worship by requiring that places of worship in Contra Costa County create and preserve a list of persons in attendance, and then disclose such attendance list upon request to the government – a burden that is notably not placed on other establishments in Contra Costa County. Such burden is unconstitutional and is discriminatory on its face.

The California Constitution provides certain inalienable rights, including the right to privacy, to freely assemble, and to enjoy one’s religion- Californians deserve to freely worship and assemble without fear that his or her name and address will end up in a government database. The Center for American Liberty welcomes any official change to this June 5, 2020 Order and will continue to be vigilant about any attempts to discriminate against houses of worship or people of faith in California.

Additionally, the June 5, 2020 Order currently limits houses of worship to a 12 person or 25% limit (whichever is fewer), which is arbitrary, and we will also be monitoring, and potentially challenging, this disparate burden on places of worship and people of faith in Contra Costa County.”

By Allen Payton

Contra Costa County health officials are backing down on their requirement in the latest order issued June 5 that places of worship gather names and information of all attendees, keep it for 14 days and provide it to the county immediately upon request. According to a statement issued Tuesday morning, “health officers will be working with county attorneys to revise the order to reflect this as a recommendation but not a requirement.”

The action comes following a series of email exchanges between the Herald and county supervisors and staff over the past several days about the requirement, an article and public outrage on social media challenging the constitutionality of the requirement, the inconsistent and unfair application to only places of worship, and no other organization or business, including protesters or restaurants offering outdoor dining in which people sit for extended periods of time with their masks off in order to it.

A legal effort was in the works as of Monday, with several residents agreeing to sign on to a legal demand letter to be sent to the county. But that now appears to be unnecessary.

Following is the Statement Regarding Requirements for Religious Gatherings

“In the health order issued June 5 by Contra Costa Health Services, religious organizations were required to maintain a list of attendees at religious services and cultural ceremonies in the event of an outbreak of COVID-19. The intention was to facilitate quick, complete contact tracing if a participant at the event tests positive.

Health officers will be working with county attorneys to revise the order to reflect this as a recommendation but not a requirement. If a participant tests positive for COVID-19, the host will be asked to assist CCHS with contact tracing associated with the gathering.

To mitigate the risk of transmission to the greatest extent possible, CCHS encourages participants to wear face coverings at all times, maintain social distance when possible, practice good hand hygiene, and stay home if sick.”

According to Kim McCarl, Assistant to the Director of Contra Costa Health Services for Communications, “As we revise the language, the recommendation will apply to any allowed gatherings.”

According to Kim McCarl, the county health services communications assistant, the “guidelines will be the same as the state’s”. No word on if the requirement to create lists of the names and contact information of all attendees to be given to the county upon demand will still be included. (See related article)