Gavin Newsom California shutdown order faces resistance

After enduring some of the most restrictive novel coronavirus lockdowns in the nation, some Californians are putting up a fight.

California Gov. Gavin Newsom’s latest stay-at-home order, which required Southern California to tighten restrictions starting at midnight Sunday, touched off shutdown resistance from some small-business owners, sheriffs and lawmakers.

Republican Assembly member James Gallagher on Sunday urged small businesses to defy the shutdown orders by keeping their doors open.

“We’re fighting the governor’s overreach,” said Mr. Gallagher on “Fox & Friends.” “I have encouraged many of these businesses just to stay open. They can stay open with safety protocols the same way that the big-box owners can stay open and have been open during this period.”

Leading the way are restaurants. Celebrity chef Andrew Gruel said Thursday that he would keep open Slapfish, his Huntington Beach-based chain of 27 eateries, criticizing the state’s latest lockdown rules as arbitrary and unscientific.

“Do we take this pandemic seriously? Of course we do,” he said in a video. “Am I saying we shouldn’t close down outdoor dining? Yes, I am. At every single juncture along the way here from the beginning shutdown to today, we’ve listened to all the advice of our government officials only to be shut down over and over and over again and then not compensated for the elements that we put in place in our businesses to protect our customers.”

Businesses that refuse to close their doors could face penalties, but at least two sheriffs say they will refuse to enforce the governor’s orders.

Riverside County Sheriff Chad Bianco said in a Friday video that he would not allow his department to be “blackmailed” by the “dictatorial” order, citing the governor’s warning that he would withhold funding from counties that fail to comply with the rules.

Same with Orange County Sheriff Don Barnes, who posted a statement saying that complying with public health orders is “a matter of personal responsibility and not a matter of law enforcement.”

The governor’s order announced Thursday places two regions — Southern California and the San Joaquin Valley — under renewed stay-at-home orders and business restrictions pegged to their hospital ICU-bed capacity.

Both regions saw their available ICU beds fall below 15%, triggering the restrictions, which include bans on both indoor and outdoor dining, as well as the closure of outdoor playgrounds, hair salons, movie theaters, campgrounds, wineries and amusement parks. Retailers are limited to 20% capacity.

“We are at a tipping point in our fight against the virus and we need to take decisive action now to prevent California’s hospital system from being overwhelmed in the coming weeks,” said Mr. Newsom in a statement. “By invoking a Stay at Home Order for regions where ICU capacity falls below 15 percent, we can flatten the curve as we’ve done before and reduce stress on our health care system.”

The state’s other three regions — Northern California, the Bay Area and Greater Sacramento — have reported that their ICU capacity still exceeds 20%, according to the California Department of Public Health.

’No science’

Restaurant owners held a protest Saturday outside the home of Los Angeles County Supervisor Sheila Kuehl, who voted Nov. 24 to shutter outdoor dining, then had a meal at her favorite Santa Monica restaurant.

Her office said in a statement that she wanted to support the restaurant, a favorite of hers, and that outdoor dining was still allowed that night under county public health rules, which failed to appease protesters chanting, “Let us work!”

Angela Marsden, owner of Pineapple Hill Saloon and Grill, said she spent $80,000 to turn her outdoor parking lot into a patio before Los Angeles County closed down outdoor dining. Her video showing a movie production company opening an outdoor eating area next to her shuttered patio went viral over the weekend.

“There’s no science that shows outdoor dining is hurting anybody,” Ms. Marsden told conservative talk show host Dave Rubin, adding, “I’ve been working with the public since day one, because I have not had the option to be inside, not working, and I have not gotten the virus because we were safe.”

She said she had done “everything they asked,” only to have the rules changed after spending money on the latest requirements.

“They give you a little project that costs you everything you have and they think you won’t reopen or can’t reopen, then you find a way to open, and they change that on you,” Ms. Marsden said.

Dave Foldes, owner of Cronies Sports Bar and Grill in Agoura Hills, said he has defied the county’s outdoor-dining ban.

“The thing that hurts the most here is we’re here for our staff members during Christmas time who need money more than ever, and we don’t have the heart to lay them off,” Mr. Foldes told Fox11 Los Angeles.

Mr. Gallagher expressed doubts about the shutdown strategy, saying that California is seeing “the same spikes that we’re seeing across the country.”

“So that really shows that these shutdowns don’t have the effect that a lot of the politicians say that they have,” he said. “And really the only consistency of our governor out here has been his inconsistency. When you combine that with hypocrisy, it creates a complete lack of trust.”

California reported that Friday’s figures show another 25,068 new daily positive cases, bringing the total cases to 1.3 million, and 19,791 deaths after adding an additional 209 fatalities. The state’s population is 39.5 million.

⦁ Andrew Blake contributed to this report.