NEWSOM MUST BE THOUGHTFUL ON VIRUS RULES

Gov. Gavin Newsom’s announcement Thursday of stricter lockdown rules across much of the state because of the surge in coronavirus infections has a sound basis: the fear that hospital intensive care units (ICUs) are on track to be overwhelmed by cases of COVID-19, the disease caused by the virus.

Newsom’s order may have made moot the legal fight in Los Angeles County over the county’s decision to ban outdoor dining for three weeks beginning Nov. 25. He said most state restaurants must go back to takeout service only. But the issues raised Wednesday by Los Angeles Superior Court

Judge James Chalfant remain important. Mindful of the pandemic’s job-crushing effect on the economy,

Newsom had previously required counties that adopt rules that are stricter than those mandated by the state to provide a risk-benefit analysis justifying the tougher rules. Chalfant held that Los Angeles County had failed to meet this requirement in ordering the closure of outdoor dining. Chalfant said that studies showed outdoor dining was not a significant factor in the spread of the coronavirus.

Authorities have a difficult task in addressing this crisis. But the surge in cases in warm states shows that pandemic fatigue — not just people having to gather indoors in cold states as winter approaches — is widespread. Banning outdoor dining that most experts say is relatively safe won’t just promote this fatigue. It may spur cynicism about government. Newsom needs to grasp this problem.