Here’s how Gov. Newsom plans to enforce his latest coronavirus order
How will the orders be enforced? That’s a key question sparked by Gov. Gavin Newsom’s latest wave of anti-coronavirus orders on Wednesday — including banning indoor dining and other inside activities at such businesses as wineries, museums and casinos in a list of counties that included Los Angeles, Orange, San Bernardino and Riverside.
At Norco’s The Cowgirl Cafe, owner Karen Hendrickson was prepared to test the governor. By Wednesday afternoon, she had already contacted her attorney and was preparing to stay open for indoor dining, despite the state order.
“I made the decisions along with my husband to stay open, because I don’t want to put our employees out of work,” she said, noting the 13 people on her staff and the three new hires coming on soon. “I just think the governor is just going a little too far.”
As the news broke Wednesday, health officials across Southern California were still gathering a picture of what that enforcement will look like.
The governor made it clear, however: If you run a business that’s not adhering to directives — dining outdoors, requiring face masks and six-feet separations — and you’re getting repeated complaints, you stand a good chance of getting fined. And if the virus is spreading at your establishment, you could be closed.
Newsom described the enforcement process in these terms:
- It will be “targeted,” he said, citing businesses and public attractions that are not in compliance;
- “Multi-Agency Strike Teams” will be formed to inspect businesses and follow up with those that don’t follow the rules;
- Teams will partner with county health departments;
- They will be made up of staff from such agencies as the Highway Patrol, Department of Consumer Affairs and Department of Business Oversight, CalOsha and Alcohol and Beverage Control, the Board of Barbers and Cosmotology.
Newsom said that the aim is to target people who are “thumbing their nose” at the directives — and by doing so are threatening both their workers and their customers.
“This isn’t just talking about mask compliance,” Newsom said. “One should not have to put their life at risk to go to work.”
If individual counties are falling short of enforcing requirements, they could face a loss of state funding, and/or a penalty at the county level. But such enforcement will happen only when there’s a “redundancy of complaints,” according to the governor.
Local officials contended Wednesday that educating business operators and their teams was a shared goal that could preclude any punishment in many cases.
“We’re reasonable, and we expect all restaurants to be reasonable,” said L.A. County public health Director Barbara Ferrer . “The idea is that people are outside,” where air can circulate. “If that’s not happening, that’s not really outside.”
“We’re really hoping the educational approach is the way to enforce the order,” said Brent Casey, a program chief with the Riverside County Department of Environmental Health.
If businesses aren’t getting the message, the first approach will be to talk it out to negotiate a time window in which to comply, officials said.
After that, if there’s still an issue, officials from the county’s Department of Environmental Health will refer to the case either to the county’s counsel, or to state agencies — who are part of the strike teams.
Ferrer affirmed, though, that the state’s order — and the county’s order, which also came Wednesday in line with the state’s — was not a “recommendation.” It was an order.
“We’re working with the governor on the enforcement side,” she said. “It’s not just enough to require people to take steps to protect each other. Compliance is not just arresting people. That’s not what we’re trying to do here. It’s to help them see both what’s possible and what’s necessary.”