Lodi won’t use police to enforce orders

In an effort to continue receiving COVID-19 funding from Sacramento, the City of Lodi will continue to comply with state orders, but it will not use its police department to do so.

The Lodi City Council held a special meeting Tuesday morning to discuss enforcement of stay-at-home orders in light of a July 1 letter from Gov. Gavin Newsom urging elected officials to comply with them if they want to receive state funding.

The seventh paragraph of Newsom’s letter states that “a local government that refuses to abide by, ensure compliance with, or take enforcement action against noncompliance with these statewide public health directives, it takes action that is otherwise incongruent with these directives, could jeopardize their eligibility for state funding.”

The paragraph further states that failure to comply with the directives may result in the COVID-19 pandemic lasting longer, with long-term detriments to the economy and the health of California residents.

Councilwoman JoAnne Mounce noted that in May, the council directed staff not to use the Lodi Police Department to enforce the governor’s stay-athome orders.

She took issue with the governor’s letter, and said the city should continue not enforcing the orders and not penalizing small businesses in town.

“I think it’s absolutely despicable he would send this letter out to threaten people,” she said. “This is a threat. It’s our job to run the city the way the council wants. To threaten our city with earmarks... that’s as lowlife as it gets.”

City Manager Steve Schwabauer said he brought the enforcement issue back to the council because the city had received several comments from the community urging staff to keep mom and pop businesses open as Newsom orders a second round of closures while COVID19 cases continue to increase across the state.

Schwabauer said it was imperative for the city to remain in compliance with the governor’s orders if it wants to continue receiving $870,000 in Coronavirus Aid, Relief, and Economic Security Act funding, as well as funding from the Federal Emergency Management Agency, and state funding that benefits the Great Plates program.

The Great Plates program allows the city to work with local restaurants to deliver three meals a day to local seniors, boosting business while ensuring those most at-risk for

COVID-19 are able to eat during the pandemic.

Responding to the comments received prior to the meeting, Schwabauer said mom and pop businesses are open, and that the city is not shutting down businesses doing their best to comply with the governor’s orders.

“Our intent is to be cooperative as we can be (with the community),” he said. “We don’t have the resources to be everywhere all the time. But we have seen a number of businesses that behave as if nothing is wrong. There needs to be some sort of statement that lets these businesses know that what they are doing is wrong”

City Attorney Janice Magdich said currently, the city has posted cease and desist notices to businesses that have not complied with state orders. As of Tuesday, she said Lodi police officers have only issued one citation and posted two cease and desist orders on doors since the COVID-19 pandemic began in March.

Other than the police department, Magdich said the city does not have another group of staff members that could legally post notices on places in violation of orders. However, she said the city’s code enforcement department could be an option.

“The intent is not to arrest people or take criminal action,” she said. “If a business like a bar is open, we would notify them of their violation, educate them about the orders, or post the property as a nuisance and send a cease and desist order. Nuisances would be enforced when we notify Alcohol and Beverage Control, who would ultimately take action.”

In public comments read by city administrative clerk Kaylee Clayton, residents and business owners asked the council and city staff to “take a stand” against the governor and let businesses reopen without any restrictions.

“Our police department needs to focus on real crimes,” Monica Fritz wrote. “The people of Lodi love our small businesses. We want to eat and shop at businesses we feel are necessary. We’re in the fourth month, this is the second round of shutdowns with no end in sight. We are asking the council to put its foot down and say enough is enough.”

Sean Covell, owner of the Fitness System chain of health clubs, which has a location in Lodi, asked the council and city to ignore recent state orders that gyms be closed.

He said gyms and health clubs provide a necessary service to residents not only cooped up at home during the pandemic, but who have slipped into depression from not being able to lead normal lives.

“Your citizens are struggling and many small businesses are on the brink of closure,” he said. “These restrictions on businesses can be detrimental, not only on the economy, but on an individual’s well being. By keeping gyms and businesses closed, citizens are being robbed of a healthier, happier quality of life you promised to protect.”

Many called the governor’s orders unconstitutional, and said the city shouldn’t be following them because they were not laws approved by the legislature.

In addition, residents said Newsom and the city were opening up themselves to lawsuits for violating the 14th Amendment rights of all businesses affected.

However, according to the American Bar Association, stay at home orders issued by governors across the country are, in fact, not unconstitutional.

The ABA noted that under the 10th Amendment of the United States Constitution, state governments have the primary authority to control the spread of dangerous diseases in their jurisdictions.

In addition, the amendment, which gives all states powers not specifically given to the federal government, allows them to take public health emergency actions such as implementing quarantines and business restrictions.

“I think when people implement the strategy we’re going to use, they’ll see we’re not trampling on businesses,” Councilman Mark Chandler said. “We’ve heard people’s concerns, and we’ve taken the middle path that protects businesses and protects our budget.”

Councilman Alan Nakanishi said the ides of not using police officers to enforce the orders was a good idea, and suggested the city hire someone to take on the role of enforcement and education, if possible.

“We’re under duress, this is a controversial issue, and we have people on both sides of it,” he said. “But we don’t want to risk taking away funding for Lodi. To not get that funding would be an injustice for us as a city council. I don’t like it, but we have to comply (with the orders).”

Mayor Doug Kuehne said he agreed with Mounce that it was “punitive” for the governor to take the stance he did in his letter. He said the city needs to proceed with caution on compliance so funding is not jeopardized.

“I’m not opposed to police officers distributing notices to those violating orders,” he said. “I think it adds some teeth to get businesses to comply. I don’t think it is going to be a complete militarization of the department if we have them enforce this. But we need to comply (with state orders).”

In other action

The city council unanimously approved offering a no-cost permit program for businesses to operate outdoors in areas such as parking lots and stalls.

Some businesses who may not be able to use private parking lots or immediately adjacent parking stalls could be allowed to use city parks, staff said.

The council’s decision comes as Newsom allowed businesses such as barbershops and beauty salons to operate outdoors.

The city already allowed restaurants to use parking stalls and lots to stay in business.

“We’ve got to get people back to work, and we have to get people out of the house and doing the things they love to do,” Councilwoman Joanne Mounce said in her support of the proposal.

“This is also about mental health,” she said. “The fact is our kids are not going to be going back to school. We’ve got to give people as many options as we can to get them back to work, so long as everyone complies with their own industry.”