The Mercury News

Lockdown? Some are still figuring out what it means

Are some open businesses stretching definition of ‘essential’ service?

- By John Woolfolk, Julia Prodis Sulek, Nico Savidge and Thomas Peele Staff writers

Cafes Tuesday were still serving, businesses from electric carmaker Tesla to some marijuana and gun retailers were still operating — to the alarm of some workers — and people bustled about on the streets.

So just what does it mean to be on lockdown? On the first day of the Bay Area’s shelter-in-place order, residents and businesses alike were still trying to figure out what the new stay-home mandate means to their daily lives — with some pushing the boundaries.

Health officers in Santa Clara, Alameda, Contra Costa, Marin, San Francisco, San Mateo and Santa Cruz counties imposed the shelter-in-place order overnight in an unpreceden­ted bid to keep the deadly coronaviru­s pandemic from spreading, overwhelmi­ng hospitals and potentiall­y killing thousands of people.

San Mateo County Counsel John Beiers said Tuesday that compliance so far has been encouragin­g, though he added that the county has set up a call center after fielding dozens of calls, mostly from businesses wondering if the order applies to them.

“A lot of people have a lot of questions, naturally,” Beiers said. “So far generally people understand the importance and urgency of doing their part. What we’re seeing so far … has been really encouragin­g if not inspiring.”

The order, in effect through April 7, limits activity, travel and business functions to “only the most essential needs.” County officials said people should stay at home, leaving only for necessitie­s like food, medical care, outdoor exercise, or to go to jobs deemed es

sential. That includes public health and safety, public transit and services that provide food, medical care or enable people to work from home, among others defined by seven counties’ public health department­s, with other California counties beginning to jump in.

In downtown Los Gatos, plenty of people were taking advantage of the “outside activities” exemption in the order and walking their dogs down North Santa Cruz Avenue. Most of the businesses were closed, including hair salons, spas and clothing boutiques. But along with restaurant­s selling takeout meals, a few other shops remained open Tuesday morning.

Dolce Spazio, which sells homemade gelato, espresso and slices of cake, remained open. Former owner Carol Hargett, who was working the front counter, said that she considers her business a public good and helpful to the well-being of the community. The chairs were up on the tables, a clear sign she was takeout only.

“My first customer this morning bought three pieces of cake and said, ‘In these times you need treats,’ ” Hargett said. “I’ve been through earthquake­s and all kinds of things, and I know what it means to be here for the community. We’re going to stay open until someone tells me we’re not essential. And we’re essential for stress relief.”

One nearby business owner who runs a bar that was forced to close and didn’t want to be identified grumbled a bit outside.

“In these days, everyone is looking for a loophole,” he said. “More power to them to find a way to stay open.”

San Leandro’s Bayfair Center

showed the patchwork result of the shelter-in-place order. Kohl’s, Designer Shoe Warehouse and T-Mobile stores were all closed, as was the mall’s interior, and the entrance doors were locked.

But Target was bustling and trains howled into the nearby BART station on their regular schedule.

At a PetSmart across the street from the mall, Jim and Janet Hansen, of Castro Valley, both in their 90s, were defying the governor’s call for seniors to stay home. But it wasn’t because they were feeling cavalier about the virus that is particular­ly dangerous for older adults.

“We want to stay as clear as we can — at our age you need to,” Jim Hansen said. The problem, they said, was that they still needed food for themselves and their two cats, and getting those goods delivered was too expensive.

“We have to eat too,” Janet Hansen said.

But questions about what the order meant for certain businesses surfaced almost immediatel­y Tuesday morning.

Palo Alto-based electric carmaker Tesla raised some eyebrows by keeping the lights on at its factory in Fremont for much of the day — and also raised the ire of Alameda County officials. By early evening, the county ordered the plant to shut down, deeming auto manufactur­ing “not essential” to get through a public health crisis. Chief Executive Elon Musk, who earlier had derided the coronaviru­s panic and told employees that he would continue coming to work every day, had no immediate comment after the closure order.

Though Oakland and San Francisco cannabis stores closed — San Francisco reversed course late in the day and declared them “essential” — marijuana retailers in San Jose were open, having been told they qualify as providing medical services, and tokers were lining up.

Outside San Jose’s dispensary Caliva on South Seventh Street, at least 15 people waited their turn inside midday Tuesday, each leaving about two to three feet of space between one another. At least one employee felt it wasn’t legitimate­ly a medical need since most customers are recreation­al, but the city disagreed.

“We’re considerin­g medical cannabis a health care operation,” said San Jose city spokeswoma­n Rosario Neaves.

Also open was a GameStop video game store in San Leandro. The store’s doors were locked, but an employee who would not give his name was letting shoppers inside and directed questions to the chain’s corporate office.

The company’s website posts a statement from its chief executive officer, George Sherman, saying it is following federal health guidelines and that “we continue to closely monitor the situation.”

And in another seemingly blatant display of defiance, dozens of customers lined up at the Bullseye Bishop gun store in San Jose, where the proprietor wouldn’t say whether it was considered an essential business but added he was observing health officials’ guidance of 6-foot social distancing from other people.

Those waiting said they worried shortages of staples like food and toilet paper will spur crime.

“Essential? It’s our right to arm ourselves,” said San Jose painting contractor Joshua Wolfe, 37, who was buying ammunition. “Toilet paper is essential, right? People are going nuts for that, right? People don’t know the truth of this whole situation. If they’re short on supplies, they’ll come after people who are prepared.”

Another Bay Area business took a liberal interpreta­tion of what it means to provide an essential service.

The Secrets Adult Super Store on San Pablo Avenue in El Cerrito was open in the early afternoon. It provides a wide array of videos for sale and has private viewing booths and a small theater showing X-rated films.

“I don’t know, I just work here,” a woman behind the counter replied when asked why the store was open despite the self-quarantine and business closure orders.

Law enforcemen­t officials said that although the county health officers’ orders are criminally enforceabl­e, the numerous exemptions would make it difficult to cite apparent violators on the spot and that authoritie­s would likely take an educationa­l approach.

“No one is going to jail over this,” San Jose police Chief Eddie Garcia said.

But Beiers, the San Mateo County Counsel, said compliance has been good enough that he isn’t contemplat­ing heavy-handed enforcemen­t.

“I haven’t heard or observed that there’s a need for that,” Beiers said.

In western Contra Costa County, Casino San Pablo was closed. Still, that didn’t stop would-be gamblers from pulling into its circular driveway at a rate of two or three a minute Tuesday morning. Each time a security guard emerged from mirrored doors saying, “We’re closed, leave the property.”

At least one would-be gambler was frustrated.

“Screw this, I’m going to Reno,” he shouted at a reporter as he drove off.

 ?? DAI SUGANO — STAFF PHOTOGRAPH­ER ?? Her chairs stacked up on tables, Crema Coffee Roasting Co. manager Dzung Lam waits for customers to buy takeout orders on Tuesday in San Jose, as the first day of sweeping shelter-in-place restrictio­ns are put into place.
DAI SUGANO — STAFF PHOTOGRAPH­ER Her chairs stacked up on tables, Crema Coffee Roasting Co. manager Dzung Lam waits for customers to buy takeout orders on Tuesday in San Jose, as the first day of sweeping shelter-in-place restrictio­ns are put into place.
 ?? ANDA CHU — STAFF PHOTOGRAPH­ER ?? Daniel Xie, wearing a mask, waits for a BART train on a nearly empty platform at the Union City station on Tuesday.
ANDA CHU — STAFF PHOTOGRAPH­ER Daniel Xie, wearing a mask, waits for a BART train on a nearly empty platform at the Union City station on Tuesday.
 ?? ARIC CRABB – STAFF PHOTOGRAPH­ER ?? Morning commute traffic moves easily across the San Francisco-Oakland Bay Bridge on Tuesday.
ARIC CRABB – STAFF PHOTOGRAPH­ER Morning commute traffic moves easily across the San Francisco-Oakland Bay Bridge on Tuesday.

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