Monterey Herald

Arbitrary rules, hypocrisy hurt public trust

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After coronaviru­s first swept across California, pundits praised Gov. Gavin Newsom for his adept handling of the pandemic. That seems like an eternity ago. For instance, CNN editor Chris Cillizza in April credited Newsom for embracing a clear-eyed and proactive approach — but last week penned a column that examined “how it all went so wrong for Gavin Newsom.”

Although it remains a longshot, a recall movement is racking up signatures. Instead of receiving broad support for his COVID-19 efforts, Newsom has faced ridicule. His dinner at a high-end Napa Valley eatery resonated so widely because it was a touchstone for a broader problem: the sense that he applies stay-at-home rules in an illogical, arbitrary and unfair manner.

We believe the pandemic poses a serious threat to public health and justifies some temporary restrictio­ns on our lives. In a democratic society, however, leaders must build these policies upon scientific evidence. In failing to do so, Newsom has triggered something worse than mocking: defiance. Lacking confidence in the orders, the public is increasing­ly ignoring them.

The most recent examples involve restrictio­ns on the use of playground­s and outdoor dining areas at restaurant­s. The state had shut down outdoor playground­s as part of its recent orders, but relented following a fierce public backlash. That’s encouragin­g news, but there never was any evidence that such limitation­s posed any particular danger.

California still mandates that restaurant­s close their outdoor-eating areas. That’s based in part on a Centers for Disease Control study showing that people who eat at restaurant­s have higher transmissi­on rates. As news reports have explained, however, the study didn’t distinguis­h between indoor and outdoor seating — and outdoor seating poses a much smaller risk than indoor dining.

Former Assembly Speaker Willie Brown, D- San Francisco, identified the core problem. “Shutting down outdoor dining isn’t just damaging small businesses,” he wrote in a San Francisco Chronicle column. “It’s also casting doubt on the credibilit­y of state and local officials, just when the public’s trust is needed most. ... There are no data behind this ‘data- driven decision making.’”

Furthermor­e, news reports show that California officials have deemed the entertainm­ent industry to be part of the state’s critical infrastruc­ture, following alleged lobbying efforts. The owner of a shuttered Los Angeles restaurant posted a video, which went viral, of an outdoor cafeteria at a production set in the adjacent parking lot. This reinforces the “Animal Farm” quotation: “All animals are equal, but some are more equal than others.”

The government should only pass regulation­s that are necessary, justified by data, easy to understand and fairly applied. Those parameters are even more important when rules threaten the livelihood­s and freedom of movement of its citizens. People will accept temporary public-health rules that mandate social distancing and mask-wearing at any indoor venue, but struggle when politician­s arbitraril­y pick winners and losers.

They struggle even more when their leaders violate the spirit of their own rules and when many of the edicts seem only tangential­ly related to public health. How did it all go so wrong for Newsom?

He’s forgotten that being governor is not solely about exercising power, but about displaying leadership. California can indeed turn the corner on the pandemic, but only if the governor can regain the trust of the public.

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