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A California county has sued the state governor over his coronavirus restrictions, saying they go too far.
San Bernardino filed its petition with the California Supreme Court last week, requesting an immediate stay on Gov. Gavin Newsom’s coronavirus restrictions.
While Newsom’s powers under the California Emergency Services Act (CESA) are “limited and enumerated,” the filing says, for several months he has “acted contrary to long-standing legal doctrine by substituting himself as the chief and sole legislator for laws relating to the COVID-19 Pandemic.”
The county says it is seeking relief in order to “reclaim its police power over its residents and vast land mass … to enable it to tailor regulations and orders which are specific to its residents.”
The lawsuit points out Newsom has issued a number of stay-at-home orders based on regional data.
According to the lawsuit, the defendants divided the state into five regions, and San Bernardino County is part of the “Southern California” region that also includes Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties.
Once available ICU capacity in any of those counties is determined to have fallen below 15%, the whole region is placed on a “minimum three-week lockdown, which places severe restrictions on California individuals and businesses,” the lawsuit argues.
San Bernardino County officials are asking the California Supreme Court to rule on the matter by Dec. 28, when the current three-week order is expected either to expire or to be renewed, the Los Angeles Times reported.
Board of Supervisors chairman Curt Hagman said in a statement to the L.A. Times that the governor has improperly taken action as both the executive and the legislative branch under CESA.
If CESA does grant the governor the power to act in this manner to put coronavirus restrictions in place, then CESA is itself unconstitutional, Hagman argues.
Newsom’s office has said it plans to defend itself against the lawsuit, according to the L.A. Times, “staying laser focused on protecting Californians’ health and safety within the legal authorities available to us.”
The lawsuit comes as California is expecting another shipment of nearly 400,000 doses of COVID-19 vaccine this week, ABC7 reported.
The pandemic continues to hit California hard.
According to ABC7, 5,000 body bags are being distributed, mostly in Los Angeles and San Diego; 60 refrigerated trailers are available as makeshift morgues should the need arise.
Orange County health officials are planning to send four hospitals large tents so more patients can be accommodated.
And Riverside County EMS director Bruce Barton told ABC7 that a couple of hospitals there hit capacity and local officials had to take some bodies.
Do you think the California state government has overreached with its coronavirus restrictions? Tell us your thoughts in the comment section below.
The plaintiff is represented by Jennifer L. Bursch, Nathan R. Klein and Cody J. Bellmeyer of Tyler & Bursch LLP.
The California Coronavirus Restrictions Lawsuit is County of San Bernardino, et al. v. Gavin Newsom, et al., Case No. S266106, in the Supreme Court of the State of California.
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10 thoughts onGov. Newsom Facing Challenge to California’s Coronavirus Restrictions
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Yes, agreed. Newsom has got to go along with his self appointed power over the people in CA. He has virtually closed off CA from functioning in every capacity-schools, businesses, churches, beaches/parks, and isolated families with loved ones in jails, long term institutions and prisons with no visits allowed for the last year. I am getting less than one call a week from my husband in prison due to CDCR and their policies set forth by Newsom and recently my husband contracted Covid while incarcerated, creating even more isolation from each other. CA residents are tired of being locked down while most of the country go about their business daily with less restrictiveness ordered upon them. Please add me.
I believe Governor Newsom got to go! He has run our economy to the ground. People need to work in order to support their families and keep our economy going. Instead Newsom, who does not follow his own orders has caused a chaos among the small businesses. People need to work in order for our economy to grow.
Newsom does not care for the welfare of others other than his own. We need change and small businesses need to go back to work. Is not fair the big corporations have remain open.
We’re not being consistent as to the restrictions and rules the have been shoved down our throat.
I believe Governor Newsom got to go! He has run our economy to the ground. People need to work in order to support their families and keep our economy going. Instead Newsom, who does not follow his own orders has caused a chaos among the small businesses. People need to work in order for our economy to grow.
Newsom does not care for the welfare of others other than his own. We need change and small businesses need to go back to work. Is not fair the big corporations have remain open.
We’re not being consistent as to the restrictions and rules the have shoved down our throat.
Governor Newsome has run California small businesses to the ground. So many have lost everything because of this man. But letting big companies like Costco, Walmart, and even Malls stay open. Newsome left his winery open. That is not necessary! Newsome closed restaurants and then went out to eat with 20 friends. He is a hypocrite.
There is no consistency some hospitals state 2 day symptoms others are 7 days the governor lacks organization it’s insane as many have no shelter in stay in place and businesses can’t pay rent if there is no money circulating into an economy. I believe a mandate housing needs to be reform budgeting less to local jurisdictions that do not support We the People. allowing funds to be free to do good not control our tax dollar deserves more! Controlling restrictions is not SOULution based.
Please add me. I’ve had my gig taken away twice now–back in March when the vacation rental industry was ordered to shut down–and now again in Dec just as I was hoping to go back to work, they have renewed another wave of shutdowns, again preventing me from working. Pandemic Unemployment Assistance is about to expire. It just seems like these politicians don’t care, and they don’t even follow their own orders.
Newsoms orders do not have any scientific evidence. Los Angeles Restaurant Association with attorney Garagos sued won a lawsuit that outside dining does not contribute to COVID-19. There is no scientific evidence, the county could not produce it. Orange County is nowhere near those Northern California counties. Also ICU beds fill up during this time of the year because of the flu. MedSurg/DOU/OBS can be used to backfill ICU. Scarring the public with the daily count of ICU beds or bodybags is pure stupidity. You tell the the public the positive results, however not the negative results. You report the amount of people tested. You need to tell out of this number what is pos/neg. I work in the military medical system in the field with Marines. So, I can work in a tent or a hospital.
add me please
Add me please!