By Allen Payton

In his Friday, June 5, 2020 order, Contra Costa County Health Officer Dr. Chris Farnitano now allows religious services to hold outdoor worship services of up to 100 people and indoor worship services of up to 12 people. (See related article)

However, buried deep within the order, in Section 3, Subsection B3 of “Appendix C1 – Additional Businesses” the order requires “A record of attendance, including the names and contact information for each attendee at a service or ceremony, must be created and preserved by the Place of Worship for a minimum of 14 days, and provided to Contra Costa Health Services immediately upon request in the event that a COVID-19 case is linked to the event.”

An email was sent to all five members of the County Board of Supervisors and county health services communications staff, in an attempt to reach Dr. Farnitano, Saturday evening with the following questions.

• Are you also requiring protest organizers to provide a list of those who attend them?
• Or restaurants to provide you a list of diners who enjoy outdoor dining at their locations?
• How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people?
• Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already?
• Don’t you think this goes way too far?
• Was the county counsel consulted before this was included in the order?

Four of the members of the board were also sent text messages asking them to check their emails for the message.

Supervisor John Gioia, who was an attorney before being elected to the board in 1998, responded first via text message with, “Yes. It’s to keep track of people who are in contact with someone who tests positive. For contact tracing. And have them isolate for 14 days if they test positive.”

When asked again if protesters are required to give their names and information and what about restaurants that serve outdoor diners, he simply responded, “It’s a fine balance. I understand the arguments on both sides.”

Board Chair Candace Andersen responded by email with, “Karen (Mitchoff) and I chair at COVID Ad Hoc Committee each Thursday at 1:30 pm (available to all via Zoom). This week we had Dr. Farnitano explain this provision at our meeting. It’s simply there so that if there is a COVID outbreak, a church could make the names of attendees available so that they could be traced/tracked and notified that they may have been exposed. The only time these names would be requested is if there was, in fact, someone who came down with COVID in the congregation.”

“In a workplace or at a school the Health Department would also request the names of everyone who was present and exposed to someone who tested positive for COVID. In those settings the names would already be available because of the nature of the business,” she continued. “I will ask our Health Team to put an FAQ up so that its purpose can be clarified.”

In response, another email was sent to Andersen, Mitchoff, and the county health services communications staff, asking for answers to the questions from the first email that were not answered by Andersen.

The requirement from the June 5th order was shared on social media and almost all the comments about it were negative such as, “Do businesses with thousands of people going in and out need to record all of this? I go to many businesses and my name is never recorded, unless it is a dentist or something,” and “That is so crazy…are we still in the USA? Or is this a bad dream?”

Another commenter asked, “How about the names of the thousands of…protestors before they go out and the looters too?” Another comment reads, “I’ve wondered how they are tracking all the people at Walmart, Target and Home Depot. They don’t take attendance there.”

“Ridiculous! Control! Why not other businesses? Only churches?” asked another commenter. “I won’t attend until that changes. My name isn’t going on any list,” wrote another.

One pastor wrote, “That’s too far” and another wrote, “I’m not doing that. They don’t do that with Walmart, Home Depot, etc.”

The Bill of Rights are limitations on the power of government. It can be argued that the requirement in the county’s health order violates both the First and Fourth Amendment rights religion, peaceful assembly and privacy, of both the worship service attendees and those of the places of worship.

The First Amendment mentions religion first in the list of rights, because that is the first reason our nation was founded, going back to the Pilgrims in 1620. It reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” That applies to any state law, county or city ordinance, regulation or order, as well.

The Fourth Amendment refers to what is described as the right to privacy. It reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” So, a church or other place of worship could require the county to provide a warrant to obtain the information the order requires.

6/7/20 UPDATE: Chair Andersen Responds

In an email received by the Herald on Sunday afternoon, June 7, Board of Supervisors Chair Candace Andersen offered the following responses to some of the questions posed to her and the rest of the board members and Dr. Farnitano:

“How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people? That’s why we have contract tracing in place. We would track/trace people at both venues to make sure others who were exposed are tested, thus preventing a serious outbreak.

Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already? In a worldwide pandemic of this scope we are continually balancing the health of the community versus any limitations we need to impose upon the public. I really miss going to church. For my entire life I have gone every single Sunday unless I was home sick. However, I can see how it is for the greater good to NOT have live church services where we could potentially be exposing each other to a horrible virus. And, I continue to worship at home with my family, with fellow church members via Zoom and YouTube, through reading scriptures, listening to uplifting music, and finding new ways to connect spiritually. Yes, it’s different than it was, but I also know it is only temporary. More importantly, “the State” is not telling me how or who I should be worshipping, only that it is unsafe to gather as a congregation right now. As you know, the State Supreme Court has agreed that in this emergency we’re in, this is an acceptable limitation.

Don’t you think this goes way too far? Was the county counsel consulted before this was included in the order? All Health Orders have County Counsel’s review before they are implemented. I would be concerned if churches were mandated to report attendance each week, but they’re not. No one is reviewing the attendance or calling out who is or is not there. Churches are just being asked to be in a position to identify who was present at a service so that if there is an outbreak, the affected people can be notified and tested.”

However, the recent ruling in the case before the Supreme Court had nothing to do with government requiring places of worship to collect the names and contact information of those who attend worship services and provide it upon request.

A more complete question was sent to her and Dr. Farnitano asking, “how would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people if that same attendee participated in a number of other activities, both indoor and outdoor, during the week?

Possible legal action can be expected against the county in the very near future.

Please check back later for any updates to this report.

Road to Reopening – A message from Anna M. Roth, Health Director, Contra Costa County

(June 6, 2020) Thanks to all your collective efforts and sacrifices for the health of the community, we are making progress in our fight against COVID-19. There is light at the end of the tunnel.

The state is permitting us and other counties to chart their own courses based on local conditions. We are now able to provide a timeline laying out when we are aiming for opening more businesses and allowing more activities. I hope this provides some clarity about our hoped next steps. We will be updating this document as we get further guidance from the state and in consideration of the status of COVID-19 in our community. Stay safe and we will all get through this together.

But the road map includes the caveat of “We hope to continue opening up the county but, may need to reconsider openings based on the course of the pandemic.”

However, the road map includes the caveat of “We hope to continue opening up the county, but may need to reconsider openings based on the course of the pandemic.” An email was sent to the county health services asking why churches/religious services are not included and when they will be. Please check back later for updates to this report.

For more information visit www.coronavirus.cchealth.org.

Allen Payton contributed to this report.

 

From Contra Costa Health Services

Contra Costa County residents may again enjoy outdoor swimming pools, outdoor seating at restaurants and dog parks under a new health officer order released today.

The order, effective 5 p.m. today, also allows for outdoor religious services of up to 100 people, indoor religious services of up to 12 people, use of outdoor picnic and barbecue spaces, and overnight camping for people belonging to the same household.

Because of the progress made in the fight against COVID-19, Contra Costa health officers feel confident opening additional businesses and activities. The State of California has determined that while counties can move slower than state in reopening, they cannot move more quickly. The openings announced today bring Contra Costa County in closer alignment to state guidelines. It also aligns with other Bay Area counties taking similar steps.

“We have made great progress slowing COVID-19 in our county,” said Candace Andersen, chair of the Contra Costa Board of Supervisors. “I want to offer a heartfelt thank you to all who suffered and sacrificed to follow these health orders throughout this pandemic. I know it has not been easy. But you have helped save lives.”

This order follows a modification earlier this week that allowed offices and many retail businesses to reopen and created guidance for small gatherings including people from different households.

Previous health orders requiring physical distancing and face coverings in public spaces remain in effect. Contra Costa residents should also continue to emphasize handwashing and other hygiene measures in their daily lives to reduce their risk of becoming infected.

“COVID-19 is still circulating in our community, and we need to take precautions to prevent outbreaks,” said Dr. Chris Farnitano, the county health officer. “Another way we can keep ourselves and our families safe is to get tested, even if we feel well.”

The new order includes guidance for safely conducting the newly permitted activities, including requirements for businesses. Details, including the full text of the order, are available at cchealth.org/coronavirus.

By Matt J. Malone, Public Information Officer, Superior Court of California, Contra Costa County

Due to anticipated civic activities in the area, the Contra Costa Superior Court will close at all locations at 12:00 p.m. on Friday, June 5.

Curfew in Antioch will not be re-established

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County 

(Martinez, CA) – County Administrator David J. Twa has signed the Order Rescinding a Countywide Curfew within Contra Costa County, effective as of 1:00 PM today, June 4, 2020.

The order states that “As Contra Costa County’s Administrator of Emergency Services, I have reviewed, on a daily basis, the conditions that necessitated the June 2, 2020, Countywide curfew.  At this point, it appears that the public order and safety has generally been restored in Contra Costa County and it is therefore appropriate to lift the emergency Countywide curfew.”

The order further states that “This action does not affect any city curfews that remain in effect.  Cities will make their own determination as to whether curfews continue to be needed within their commercial districts or other areas within those cities.”

“We all continue to want peaceful protests and encourage everyone to stay safe,” said Twa.

Read the Order Rescinding the Countywide Curfew.

Antioch residents were asking if there is still a curfew in our city. The answer, is no, as city officials rescinded the curfew order in Antioch on Wednesday afternoon. (See related article) However, Mayor Sean Wright, City Manager Ron Bernal and Police Chief T Brooks were asked if the city will reestablish a curfew in Antioch if there is still a credible threat as mentioned by Chief Brooks on Tuesday. The response from the city’s public information officer was “That we are aware of, there is no longer an active threat.” So, the curfew in Antioch will not be re-established.

Allen Payton contributed to this report.

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Today, Contra Costa County District Attorney Diana Becton issued a statement regarding the murder of George Floyd:

“I am heartbroken and horrified by the murder of George Floyd and the other unjust deaths of Black men and women in this country. As the chief law enforcement official of Contra Costa, I took an oath to ensure justice for everyone under the law. The fight for justice does not end at the borders of our County or in our communities. We all have a responsibility to speak out against and eradicate injustices wherever we find them. The officers responsible for the murder of George Floyd must be held accountable.

The right to peacefully assemble and protest are a vital part of the fabric of this nation, and the majority of participants have been peaceful and even inspiring. I am disappointed that the righteous marches and gatherings are being infiltrated and hijacked by a small minority of people with other agendas. The individuals who are exploiting the pain, and the cause of so many in our community by committing acts of violence and destruction will be held accountable. We must not let the acts of the detractors deter us from the issue at hand. We must never stop working to eradicate racism and bring about systematic change throughout all systems, especially in our criminal justice system. I will continue to fight for criminal justice reform not only just in Contra Costa but throughout this nation.”

Applies to everyone; but cities can have more stringent terms and stricter time limits – Antioch’s curfew begins at 6:00 p.m.

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County

The Contra Costa County Board of Supervisors unanimously passed a proclamation of local emergency, Tuesday morning, June 2, 2020, in response to civil disturbances after peaceful protests in the county following George Floyd’s death in Minneapolis. The Board also adopted an order imposing a curfew in Contra Costa County due to civil unrest to begin Tuesday, June 2, 2020 at 8:00 pm. The curfew requires people in the county to stay indoors from 8:00 pm until 5:00 am the following day, until further notice.

“These are challenging times. The sorrow and pain that have filled our hearts here in our Bay Area home cannot be denied. The need and right to protest and be heard are ones that we all support,” said Supervisor Candace Andersen, chair of the county Board of Supervisors. “Today’s emergency proclamation and curfew order will help the county respond to looting, vandalism and any violence that should not be part of peaceful protests. That we do not support, as they only hurt our communities. We want peaceful protests, and we want all members of the public to be safe.”

The proclamation states that “Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.”

“Mr. Floyd tragically died just over a week ago. We recognize the importance of peaceful protests,” said County Administrator David J. Twa, who serves as the Administrator of Emergency Services. “We also want to emphasize the need for residents to stay home in the evenings and at night to stay safe. Our job is to protect lives, all lives. We want all people to stay safe during these difficult times.”

In response to a question about the jurisdiction of the order and whether it only applies to unincorporated areas in the county outside city limits, Shiu responded, “The Order provides that, ‘In the event that the terms of the County’s curfew order are more stringent (e.g. that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.’ And if a city’s order on time is stricter, the city’s stricter curfew time will be in place.”

See Emergency Order of Curfew.

EMERGENCY ORDER IMPOSING A CURFEW WITHIN THE COUNTY OF CONTRA COSTA DUE TO CIVIL UNREST

WHEREAS, on June 2, 2020, the Board of Supervisors of the County of Contra Costa proclaimed, pursuant to Government Code section 8630 and Contra Costa County Ordinance Code Chapter 42-2, the existence of a local emergency because the County of Contra Costa (“County”) is affected or likely to be affected by a public calamity due to conditions of disaster or of extreme peril to the safety of persons and property arising as a result of civil unrest in the County.

WHEREAS, Government Code Section 8634 authorizes the Board of Supervisors to promulgate orders and regulations necessary to provide for the protection of life or property during a local emergency, including imposing a curfew where necessary to preserve the public order and safety.

WHEREAS, there exists imminent danger to life and property during the hours of darkness, and it is especially difficult to preserve public safety during these hours.

WHEREAS, a curfew is necessary to preserve the public order and safety in the County.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. A curfew is imposed Countywide, within the unincorporated and incorporated areas of the County.
2. The hours of curfew are between 8:00 p.m. and 5:00 a.m. of the following day.
3. No person, except as set forth in Section 4, below, shall be upon a public street, avenue, boulevard, place, walkway, alley, park or any public area or unimproved private property within the boundaries of the County between 8:00 p.m. and 5:00 a.m. of the following day.
4. This Order shall not apply to peace officers, firefighters, and National Guard deployed to the area, individuals traveling to and from work, people experiencing homelessness and without access to a viable shelter, and individuals seeking medical treatment.
5. This Order shall be effective immediately as of June 2, 2020, commencing at 8:00 p.m. and extending until the termination of this Order. The County Administrator is authorized to amend and terminate this Order in accordance with Government Code Section 8634.

Any violation of this Order is a misdemeanor as provided by Government Code section 8665 and any applicable state or local law, and violators may be subject to immediate arrest.     In the event that the terms of the County’s curfew order are more stringent (e.g., that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.

Dated: June 2, 2020

See Proclamation of Local Emergency (Resolution No. 2020/155).

BOARD OF SUPERVISORS RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY Resolution No. 2020/155

IN THE MATTER OF Proclaiming the Existence of a Local Emergency (Gov. Code, § 8630)

The Board of Supervisors of Contra Costa County RESOLVES as follows:

Contra Costa County Ordinance Code Chapter 42-2 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency when the County is affected or likely to be affected by a public calamity.

The Board of Supervisors has been requested by the Director of Emergency Services of the County to proclaim the existence of a local emergency therein.

The Board of Supervisors finds as follows:

1. Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.
2. These conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, and will require the combined forces of other political subdivisions to combat.
3. These conditions fit the circumstances described in Government Code section 8558.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the County; and

IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of the local emergency, the powers, functions, and duties of the emergency organization of this County shall be those prescribed by state law, and by ordinances and resolutions of this County, and by the County of Contra Costa Emergency Operations Plan, as approved by the Board of Supervisors on June 16, 2015.

PASSED on June 2, 2020, on a unanimous 5-0 vote.

ATTEST: David J. Twa, Clerk of the Board of Supervisors and County Administrator

Allen Payton contributed to this report.

Plus, small outdoor gatherings, childcare and camps for all children, and libraries with curbside pickup; protests of up to 100 people with social distancing and masks also allowed (LOL – no, seriously. They’re “allowed” now)

By Kim McCarl, Communications Assistant, Contra Costa Health Services

Thanks to substantial progress being made in the fight against COVID-19, Contra Costa County residents can go back to work, shop at local retail stores, get childcare and hang out with small groups of loved ones starting June 3.

Indoor retail shopping, business offices, outdoor museums and pet grooming are among the businesses that will reopen in Contra Costa County under the latest shelter-in-place order released today. The order also permits services that don’t require close customer contact, such as housekeeping, car washes, plumbing and pet grooming.

The new health order also allows small outdoor social gatherings, as well as childcare and camps for all children, not just children of essential and allowed workers. Those childcare services and camps still can only have up to 12 children in stable cohorts.

Libraries can reopen for curbside pickup service and protests of up to 100 people will also be permitted. Religious services will be able to resume on June 15, although with some limitations. In the coming days, the County will be consulting with the state about reopening swimming pools and outdoor dining.

“This latest step toward reopening our county is a reflection of our successful collective effort as a community to limit the spread of the virus,” said Dr. Chris Farnitano, the county’s health officer. “I know there’s a lot of frustration out there, but it’s important to keep in mind that interventions like social distancing have saved lives.”

To date, 37 people have died from COVID-19 in Contra Costa, a county with a population of 1.15 million people. Dr. Farnitano said had the county had not acted early and aggressively, enacting the initial shelter-in-place order on mid-March, ten times as many people would have died from the virus.

Contra Costa has made significant headway in meeting its five indicators for reopening. Aside from new cases and hospitalizations not increasing, all eight hospitals have attested they now have a 30-day supply of personal protective equipment, one of the five reopening indictors. Hospitals also have sufficient capacity to handle more patients. While progress has been made in testing, the county still needs to triple the amount of tests being done to reach its goal.

The latest health order follows previous relaxations of the shelter in place that allowed construction, real estate transactions, curbside retail and manufacturing, recreational activities like golf and tennis and reopening of outdoor businesses like nurseries.

This Order supersedes the May 18, 2020, Order of the Health Officer directing all individuals to shelter in place (“Prior Order”). This Order continues to restrict most activity, travel, and governmental and business functions to essential needs and to the Outdoor Activities and Outdoor Businesses that the prior Order allowed to resume.  But in light of progress achieved in slowing the spread of COVID-19 in the County of Contra Costa (the “County”), the Order allows a limited number of Additional Businesses (as described in Section 15.n…and in Appendix C-1) and Additional Activities (as described in Section 15.o…and in Appendix C-2) to resume operating, subject to specified conditions and safety precautions to reduce associated risk of COVID-19 transmission.

What’s Allowed Now

Businesses include indoor retail, shopping malls, shopping centers and swap meets, manufacturing and logistics and warehouse facilities.

The additional activities now allowed include social gatherings of persons in a Social Bubble, as defined below, may take place if: the gathering takes place outside only, and the participants comply with all other applicable requirements under this Order. In addition, persons in social bubbles over 12 years of age are strongly encouraged to maintain social distancing from each other w ear face coverings

Finally, protests are also allowed now. Subject to requirements and restrictions of the local jurisdiction in which the protest takes place, persons may participate in protests if they wear Face Coverings and comply with Social Distancing Requirements, and attendance does not exceed 25 percent of the area’s maximum capacity or 100 persons, whichever is lower. (Editor’s Note: Seriously, that’s what the order includes. We will see if that part of the order is enforced).

As a condition of operating under this Order, the operators of all businesses must prepare or update, post, implement, and distribute to their personnel a Social Distancing Protocol for each of their facilities in the County frequented by personnel or members of the public.

An email asking if churches can reopen their administrative offices was sent to the spokesperson for the county health services. No response was received prior to publication. Please check back later for updates to this report.

To see the full order, click here. To see additional details on orders from the county health officer visit https://www.coronavirus.cchealth.org/health-orders. For more details about COVID-19 in Contra Costa County, visit cchealth.org/coronavirus.

Allen Payton contributed to this report.