Governor’s dinner party undermines his authority

Where’s the science? And where’s the common sense?

Those two questions are being raised in lawsuits and public forums — sometimes in anger — as the state and local governments seek to enforce bans or tougher limits on indoor activities for businesses, houses of worship and individuals as the spread of COVID-19 grows worse in San Diego County and throughout California.

Similar pointed questions have long been aimed at President Donald Trump, who has ignored the advice of his own health experts and failed to enact a cohesive national strategy to combat the coronavirus pandemic.

People who are reluctant — or obstinate — in following commonsense guidelines such as wearing masks are facing increasing public pressure to do so.

Now Gov. Gavin Newsom’s personal and policy actions are coming under fire.

His widely reported attendance at a lobbyistfilled birthday party at an upscale restaurant — indoors, no masks, no distancing — threatens to undermine his already-disputed system to manage the outbreak, which relies on metrics to determine what should be allowed to stay open and what shouldn’t.

Newsom is not alone. Both Democratic and Republican members of Congress and the California Legislature have also done things to suggest, at least on the surface, that COVID-19 rules don’t apply to them.

Congressional leaders for both parties had planned separate indoor dinners at the Capitol for newly elected members. Despite insistence by House Speaker Nancy Pelosi and Minority Leader Kevin Mccarthy that enhanced ventilation and other measures would make the events safe, they scrapped those plans in the face of criticism.

Meanwhile, numerous state lawmakers flew to Maui to attend a conference hosted by the Independent Voter Project, a San Diegobased nonprofit. As in the past, at least some lawmakers’ expenses were picked up by the conference, which is attended by lobbyists and financed in part by corporations.

The four-day event kicked off Monday, three days after Newsom urged Californians not to travel out of state, according to the Los Angeles Times.

In media interviews, some of the lawmakers defended their attendance, saying important policy issues were being discussed. Independent Voter Project President Dan Howle said safety precautions had been taken, including a requirement by the state of Hawaii that people show proof of a negative COVID-19 test

taken no more than 72 hours before they visit.

He said participants pledged to quarantine for 14 days upon returning to California — which the state government is recommending for all travelers from out of state.

Newsom admitted he made a mistake by going to the party at The French Laundry restaurant in Yountville on Nov. 6. By their actions, Pelosi and Mccarthy acknowledged missteps.

All of this, of course, sends a troubling message to a public that’s tired of pandemic restrictions, skeptical of them or both. Then there’s a lesser, though still disconcerting notion: How in the world can these otherwise politically savvy people be so tone-deaf?

While Newsom’s moral authority to enforce COVID-19 restrictions may have taken on water, his legal authority to do so is being challenged.

A Sutter County Superior Court judge at the beginning of November issued an injunction barring Newsom from issuing executive orders that change laws, create new laws or set legislative policy — which is how he has bypassed the Legislature in setting some COVID-19 rules. A state appellate court on Tuesday stayed the injunction until Newsom’s appeal can be heard.

Meanwhile, businesses and local governments are challenging Newsom on scientific grounds, saying he is cracking down on businesses and organizations that are not responsible for

the vast majority of COVID-19 outbreaks.

San Diego restaurants and gyms have sued the state and county, seeking to halt the shutdown of their indoor operations that was enacted because of the surge in COVID-19 cases.

They used some of the same arguments and data the county put forth earlier in asking the state to keep San Diego out of the most restrictive purple tier on the COVID-19 reopening scale.

“San Diego’s increased cases are not due to the sectors impacted by moving into a more restrictive tier,” the county told the state, according to a report by Paul Sisson of The San Diego Union-tribune.

The state rejected the county’s request. Superior Court Judge Kenneth J. Medel is expected to rule on Monday whether to grant the businesses a temporary restraining order to allow their indoor operations to continue.

Sisson wrote that contact tracing interviews with county residents who have tested positive for coronavirus infection show that many of the places subject to some of the more restrictive COVID-19 operational requirements are not those most regularly visited by individuals who have gotten sick.

Since early June, bars and restaurants have made up 9 percent of the locations that residents told case investigators they visited in the two weeks prior to the onset of illness — a figure that has dropped even more recently. Gyms have come up in 0.4 percent of interviews. Places of worship were mentioned by 1.7 percent of those interviewed.

“According to the county, the top locations mentioned by those who have been sickened by the virus are households, work locations and travel, which made up 33 percent, 30 percent and 17 percent of locations, respectively,” according to Sisson.

On Tuesday, the San Bernardino County Board of Supervisors voted to pursue a lawsuit against the state aimed at getting a reprieve from the purple tier.

Among other things, supervisors pointed out that some rural areas have low infection rates and should have fewer restrictions than areas with higher rates.

The state is going in the opposite direction. The governor on Thursday ordered a near-statewide curfew, in addition to his earlier restrictions on indoor activities.

Meanwhile, businesses in San Diego and elsewhere are facing cease-and-desist orders for violating the state’s COVID-19 regulations. Law enforcement agencies also have been directed to be more aggressive in citing individuals flouting the rules.

As yet, it does not appear the governor has received a citation.

Tweet of the Week

Goes to Soumya Karlamangla (@skarlamangla), health reporter for the Los Angeles Times, early last week.

“something that seems false but isn’t: COVID is killing nearly one American every minute”

(Update: On Friday, the 1,862 deaths reported far exceeded one per minute.)