Businesses opening for dine-in do so against state orders
Local restaurants that opened for dine-in customers this week did so in opposition to the governor’s orders, but local authorities say they won’t be rushing out to cite the scofflaws.
“We are not going to cite people or arrest people,” said
Kern County Sheriff
Donny Youngblood.
“If we get a complaint, and I’ve spoken with all the chiefs of police in the county about this, we’re going to write a report and submit it to the district attorney’s office.”
But Youngblood added: “We’re not encouraging people to open up at all. We believe this virus is real, can be very deadly and is very contagious.”
District Attorney Cynthia Zimmer said all cases submitted to her office would be
reviewed “for potential prosecution as any alleged crime would be” using discretion that would best serve the interest of justice.
“The Governor has authority during a state of emergency to issue executive orders that have the force of law,” Zimmer said in an email. “Failure to comply with such an executive order is considered a misdemeanor pursuant to Government Code Section 8665.”
Kern County Public Health Director Matt Constantine confirmed Wednesday that dining indoors at restaurants is not currently allowed under Gov. Gavin Newsom’s four-stage plan for reopening, though he acknowledged many businesses are confused about whether they can reopen or not.
Constantine hopes restaurants seating customers will not jeopardize the county’s plans to reopen more businesses sooner under a request it will file with the state for more autonomy in reopening.
“I think at a time when we’re asking for more local control, I want us to be sure we’re aligned and we’re following the order in hopes that in the near future we can allow more businesses to open,” Constantine said.
On Tuesday, Moo Creamery, Spencer’s and Mossman’s restaurants allowed customers to be seated inside with safety measures in place. On social media, some commenters cheered their reopening while others expressed concern and some said they would stop getting takeout from those restaurants if they weren’t going to comply with state orders.
In an announcement Monday, Newsom said the state would enter Stage 2 of a four-part reopening plan as of Friday, which would allow for some business, such as clothing and sporting goods stores, flower shops and bookstores, to offer curbside pickup and delivery. Counties have the option to proceed more quickly through the various phases of Stage 2, which will eventually include the opening of offices, dine-in restaurants, child care and schools, if they submit plans showing they are prepared and meet certain criteria to do so.
Kern County officials are scurrying to put together such a plan but are also still waiting for additional details from the state.
Newsom said Monday that some restaurants and bars that reopened in other counties against the orders were threatened by state boards with losing their licenses, and immediately complied with orders.
Having observed a noticeable uptick in cars on the road recently, Constantine said community members must also do their part in helping the county reopen by not creating situations where the virus could spread.
He said the governor’s stay-athome orders remain in effect, meaning only essential workers should report to work and people should otherwise only go out for essential services, like groceries and medical appointments, or to take a walk in the neighborhood or at a park. According to Constantine’s understanding of the governor’s orders, as of Friday, trips to shops that have been allowed to open for curbside pickup are also OK, he said.