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)

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 Allen Payton

Following the words of Jesus in Matthew 10:27 who said, “What I tell you in the dark, speak in the daylight; what is whispered in your ear, proclaim from the roofs”, according to an Antioch resident and parishioner, “all the Sunday Masses at Most Holy Rosary Catholic Church this weekend, 7:30am, 10:30am, 12:30pm, and 6pm, will be celebrated from the rooftop of the detached garage while parishioners will be in their cars parked socially distanced in the surrounding parking lots.  Eucharist will be distributed after Mass as the cars exit the parking lots.”

The church is located at 1313 A Street in Antioch. For more information visit https://holyrosaryantioch.org/.

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.

While continuing to protect the community

These are among the most challenging times our community has ever experienced. We will continue to do all that we can to protect the most vulnerable and keep everyone safe. Thanks to the commitment of our communities to practice social distancing and follow public health guidance, we expect to move forward with additional openings starting this week.

As we proceed through the uncharted territory of reopening businesses and activity in the midst of a global pandemic, the Public Health Officers across the Bay Area continue to work in close collaboration on how to best protect the residents of our region. Each decision we make involves difficult trade-offs and affects the community’s wellbeing in many different ways. As we open additional sectors, we are relying on businesses to consistently follow social distancing protocols and public health guidance to protect their employees and customers. Bay Area residents should still stay home as much as possible, wear face coverings, frequently wash hands, stay home when feeling ill, get tested if exposed, and follow the other precautions that have helped our region make such outstanding progress to slow the spread of COVID-19.

We are carefully tracking data related to the spread of COVID-19 in our region and in each of our own communities. We are encouraged by what we are seeing in some areas and concerned about what we are seeing in others. As we move forward together, we will each make choices about what to reopen and how quickly to do so. Those decisions will be based on the data related to the specific conditions in our communities, as well as our joint assessment of broader regional trends.

Although the specific path forward and timeline in each community may vary slightly, we are united in our commitment to work together as a region; to ensure our decisions are data-driven; to take steps that are measured, careful, and to allow sufficient time between significant changes to understand their effects.

But no churches until June 15 and only outdoor events

By Dr. Chris Farnitano, Contra Costa County Health Officer & Anna Roth, Contra Costa County Health Director

May 30, 2020 – If we continue to make progress in our fight to contain COVID-19, Contra Costa County will be relaxing more restrictions on businesses and social activities in the coming days and weeks. Details will be announced on June 2. Below are some of the most significant changes being considered:   Effective Wednesday, June 3

Businesses

• Office-based businesses (telework remains strongly encouraged)
• Services that don’t require close customer contact, such as housekeeping, car washes, pet grooming and plumbing
• Outdoor museums, and open gallery spaces and other public spaces with modifications
• Indoor retail stores, including shopping malls and swap meets

Activities

• Childcare, including child and youth educational activities and camps for all children, not just essential and allowed workers
• Small outdoor social gatherings with social distancing (household support bubbles and child extracurricular activities)

Effective Monday, June 15

These are higher risk activities and thus restrictions would be relaxed at a later date.

• Limited-capacity religious services and cultural ceremonies up to 100 people. These would be limited to outdoor events only.
• Protests up to 100 people; limited to outdoor events only

The state has a timeline for opening higher risk activities like swimming and salons, which can be found at covid19.ca.gov.