Officials choose to educate businesses on COVID restrictions
Tuolumne County will continue with an educational approach to enforcing COVID-19 regulations for the time being despite a declining percentage of businesses that are complying amid the recently mandated regional stayat-home order.
On Tuesday, the county Board of Supervisors opted to keep funding an Education and Compliance Division under the Public Health Department through February and give three newly elected county supervisors an opportunity to weigh in on how it should be handled moving forward.
“It has done us a great deal of dividends, it’s done our business community a great deal of dividends, and I’m not going to be around in January, but I would like to see this continue at least long enough that the new board can get on and decide how they want to deal with this,” said outgoing County Supervisor Karl Rodefer.
The program costs nearly $10,000 per month, 75% of which comes from federal funding through the CARES Act for coronavirus relief, though County Administrator Tracie Riggs said the county may need to pull money from contingencies due to uncertainty over the future of the federal funds.
There had been a total of 470 complaints against 211 businesses received by the division as of Friday, in addition to 30 complaints against 15 more businesses over the weekend.
Cori Allen, who was tasked to oversee the division when it was formed earlier this year, said the percentage of businesses that come into compliance after being contacted due to a complaint has declined from more than 75% to currently about 65%.
Allen said only about 6% of businesses were openly dismissing public health guidelines prior to the new regional stayat-home order, though they’ve seen that increase as stricter regulations are imposed.
Grants totaling more than $720,000 have been given to 175 businesses for purchasing whatever’s necessary for them to come into compliance, with Allen saying a majority that received the money have remained compliant, though the county won’t be able to continue providing them if the federal funding dries up.
County Supervisor Ryan Campbell expressed reluctance at first to continue funding the current program as it stands, because Allen said she doesn’t believe that compliance from businesses will improve without a
financial incentive or consequence, such as a grant or a fine.
“We don't want to have no option for residents to call and make complaints, but I also don't want to waste our precious and limited resources having staff bang their head up against the wall,” he said.
Earlier in the presentation, County Supervisor Anaiah Kirk remarked that he felt the 65% rate was good, but he wouldn't support continuing to fund the program in the long term if the rate was any lower than that.
Kirk and Campbell, each of whom took office less than two years ago, will be the only remaining members of the current board after county supervisorelects David Goldemberg, Kathleen Haff and Jaron Brandon are sworn-in at noon on Jan. 4.
Campbell added that, while some say there haven't been any tangible consequences from people not complying, he disagreed and pointed to the county's skyrocketing number of COVID-19 cases over the past month and 11 deaths from the virus since Dec. 1 as an example of what can happen from noncompliance.
“Like many in the public, I've been very disheartened to see … certainly the majority of businesses are compliant and are taking those efforts to keep the public safe and their customers safe, but there are some bad actors,” he said.
Riggs noted that one reason she would recommend maintaining the program for now is to provide something they can point to as proactive measures being taken by the county if additional money becomes available through the state or federal government.
Dr. Eric Sergienko, the county's interim health officer, also said that the Public Health Department is working with partnering state agencies on enforcement. He noted that the California Department of Alcoholic Beverage Control visited 13 businesses recently and all were found to be compliant.
John Carr, spokesman for the department in Sacramento, confirmed on Tuesday in a phone interview that ABC agents had visited 13 businesses in the county over the past several days and didn't cite any for violations of COVID-19 regulations.
Data provided by Carr showed that an ABC task force on COVID-19 enforcement formed on July 1 had issued 147 citations to alcohol license holders throughout the state since that time, though none were in Tuolumne or Calaveras counties.
Carr said he didn't have a list of the names of the 13 businesses that were visited in Tuolumne County recently and wouldn't release them if he did because it's only a public record if it reaches the point of issuing a citation. He added that the visits were part of routine enforcement efforts and did not stem from any complaints, though he also could not confirm whether any complaints were actively under investigation against specific businesses in the county.
The City of Sonora has taken a different approach than the county and implemented a system of noncriminal administrative fines early in the pandemic against businesses that were not complying with COVID-19 regulations, though no fines had been issued as of Tuesday.
City Administrator Mary Rose Rutikanga said they were investigating complaints received over the weekend about The Sportsman on South Washington Street violating the stayat-home order on Saturday by having a large number of people inside the business for a memorial for one of the owners' recently deceased relatives.
Photos circulated of people packed inside the bar over the weekend drew a range of different reactions, with many expressing outrage because bars are currently supposed to be closed and some coming to the defense of the business.
“City staff, the Sonora Police Department and elected City Officials were contacted by numerous members of the public, who expressed outrage, frustration and dismay, during and after this event,” Rutikanga said in a written statement. “The City of Sonora is disappointed with the actions of the Sportsman and with the many patrons who also violated the Stay at Home Order to attend this event.”
Rutikanga said it's the city's understanding after reaching out to the Public Health Department that ABC had been notified in regards to a possible notice of violation, while she has been conferring with Sonora Police Chief Turu Vanderwiel and City Attorney Douglas White about how to move forward under the city's own administrative process.
Colleen Leslie, co-owner of the bar, said in a text message to The Union Democrat that the event was a memorial for her recently deceased sister-inlaw, Sarah Henson, and to raise money for the four children she left behind.
“Sarah had to die alone. Her family and friends were not allowed to be with her,” Leslie said. “None of us left behind wanted to be alone. We needed to be together and celebrate her.”
Leslie said they were open for three hours, no business transactions were conducted during that time, and $2,000 was raised in Henson's name for her children, whom she added were in attendance and “so grateful to be surrounded by the people that loved them.”