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Orange County Coronavirus

Federal Judge Orders Soap, Six-Foot Distancing for Orange County Inmates

JULIE LEOPO, Voice of OC

Daisy Ramirez, 30, OC Jails Conditions and Policy coordinator at the ACLU of Southern California, protests in front of the OC Jail on April 14, 2020. Recent Coronavirus infections in the jails have led community members to organize and demand for inmates to be released.

By Spencer Custodio Spencer Custodio | May 27, 2020
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A federal judge is mandating soap, hand sanitizer and six-foot physical distancing for Orange County inmates during the coronavirus pandemic, following a lawsuit filed against the Sheriff’s Department by the American Civil Liberties Union. 


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“We are concerned especially since one of the main things the judge expressly noted in his order was the gap between what the Sheriff’s said their official policies are, versus the realities of what is happening. And the judge noted that the sheriff is saying, through declarations, from his command staff that X and Y policies are in place,” said ACLU jail conditions advocate Jacob Reisberg. 

U.S. District Judge Jesus Bernal noted medically vulnerable inmates could die if safety measures, like increased sanitation and access to more soap, aren’t implemented. 

“The risk of harm within the Jail is undeniably high: at least 369 inmates have contracted COVID‐19 and the Jail lacks the ability to contain the infection. Because the virus is contagious, absent some dramatic change in course, the uninfected inmates are likely to contract the disease if they remain in the Jail. And the 488 medically vulnerable inmates are likely to get very sick and possibly die,” reads Bernal’s decision.

Bernal rejected Sheriff Don Barnes’ claim that deputies were following CDC guidelines and recommendations. 

“Defendants’ broad and unsupported claim of compliance is belied by the fact that there are 369 confirmed COVID‐19 cases in the Jail—up from only 26 confirmed cases less than a month ago  on April 22,” reads the judge’s order. 

The virus has now killed 136 people out of 5,646 confirmed cases, according to the County’s updated numbers. None of the deaths are inmates. There were also 274 people hospitalized, including 101 in intensive care units. Nearly 2,100 people have recovered so far and 109,000 tests have been conducted throughout OC, which is home to nearly 3.2 million people.  

Bernal is requiring deputies and jailhouse staff to keep prisoners six feet apart and give inmates hand soap, hand sanitizer, daily showers and cleaning supplies so inmates can clean the areas they live in. 

Barnes, in public statements to the Board of Supervisors over the past two months, said deputies have been automatically quarantining new inmates for up to two weeks in order to watch for any signs of the virus. He also said testing of staff and inmates happens immediately when an outbreak is suspected. 

He also told Supervisors the jails have stopped taking inmates with certain misdemeanor citations or warrants in an effort to thin out the jail population. 

“So for example we have stopped accepting our counties misdemeanor citations or misdemeanor warrants if it’s less than a bench warrant or it’s not a certain crime,” Barnes said last month. 

“If you are in another county and somebody stopped an individual with an Orange County warrant, they would issue them a citation to come back to court and appear on that warrant. But they wouldn’t arrest them, take them to their jail, hold them for five days and transfer them to our jail,” Barnes said. 

The ACLU also tried to get 500 medically vulnerable inmates released, but Bernal denied that request. 

“What we said in our motion to the court was that all of the medically vulnerable and disabled people should be released, unless there was a specific identifiable risk to the community based on that person’s release. So we weren’t just saying to the court we’re asking you to open the jailhouse doors and let everybody go,” Reisberg said. 

The judge said it was too risky to release the inmates. 

“There are myriad risks of releasing incarcerated individuals without any consideration of crime committed, propensity to violence, or flight risk. Concerns that released inmates would commit crimes is far from “speculative”—many of the individuals in the proposed class have committed or are charged with violent crimes. Moreover, some pre‐trial inmates may pose a flight risk,” reads Bernal’s ruling. 

Last month, Barnes said the sheriff’s department has released 403 people early, 137 of whom are medically vulnerable. 

Barnes noted the people he released are “low-level, already sentenced individuals.” 

The courts, working in conjunction with the sheriff,  district attorney and the public defender, also released 433 people, Barnes said. 

Here’s the latest on the virus numbers across Orange County from county data:



Spencer Custodio is a Voice of OC staff reporter. You can reach him at [email protected]. Follow him on Twitter @SpencerCustodio.Digital

Editor Sonya Quick contributed to this story. You can reach her at [email protected] or on Twitter @sonyanews.

How can I sign up for a vaccine?

For full details on the COVID-19 vaccine in Orange County view our Voice of OC vaccine page that is constantly updated and has links of where to register for an appointment: http://bit.ly/occovidvaccine.

What is COVID-19? Do I have it?

INFORMATION View the CDC website. View OC's website. View the latest OC case counts.

TRANSLATIONS See the county's guides in non-English languages. Learn key Coronavirus facts in Vietnamese and Spanish via VietRise. See VietRISE guides in Spanish and Vietnamese.

PROTECTION To limit exposure, the CDC recommends: wash your hands often, avoid close contact with others, cover your mouth and nose with a cloth mask when around others, cover coughs and sneezes, clean and disinfect frequently touched surfaces.

SYMPTOMS The CDC identifies these key symptoms that can occur any time between 2 and 14 days after exposure: Fever or chills, cough and shortness of breath or difficulty breathing, fatigue, muscle or body aches,  headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting or diarrhea. If you suspect Coronavirus, CALL your primary medical provider.

EMERGENCY SYMPTOMS If you display any of the following emergency warning signs, seek immediate medical attention: difficulty breathing or shortness of breath, persistent pain or pressure in the chest, new confusion or inability to arouse, or bluish lips or face.

RISK The CDC identifies people most at risk for serious illness: Older adults, and people who have serious chronic medical conditions such as heart disease, diabetes and lung disease.

What is open?

RESIDENTS The County of Orange offers a list of notices and news on what guidance is given for families and persons.

SCHOOLS The latest information for the county is available from the Orange County Board of Education.

STATE GUIDE TO WHAT IS OPEN A full list of statewide guidelines for what is open and what is closed.

SOCIAL DISTANCING Staying away from other people is called "social distancing." The aim is to SLOW the spread of Coronavirus so as to not overwhelm the nation's health care systems and so that people in need can get help. The Washington Post explains: "The spread (of COVID-19) can be slowed, public health professionals say, if people practice "social distancing" by avoiding public spaces and generally limiting their movement."

What support is available?

STRESS & ANXIETY Stress and anxiety can be triggered by the situation and resources are available to help from the Anxiety and Depression Association of America and from the American Psychology Association. Concern over this new virus can make children and families anxious, here are tips on talking with children about COVID-19.

MENTAL HEALTH The County of Orange offers a list of available mental health support services.

FIRST RESPONDERS The County of Orange offers these support services for first responders and health care workers.

BUSINESSES & ORGANIZATIONS The County of Orange offers a list of up-to-date guidelines for business and faith-based/community organizations.

FOOD ASSISTANCE Voice of OC offers a weekly list of available food pantries in Orange County. You can also apply for food benefits over the phone through the CalFresh program at 800-281-9799 or online.

PUBLIC TRANSPORTATION Buses and trains still offer service, but routes have been reduced so make sure to check your route ahead of time.

HOMELESSNESS The County of Orange offers a list of available shelter beds and other resources.

GENERAL FINANCIAL HELP Here are some services:

  •   • Find information on unemployment and disability benefits.
  •   • The Orange County Social Services Agency, despite closing its lobby, is processing online filings for assistance programs. This includes emergency cash assistance for immediate needs like rent or medical bills. The phone line has averaged a 30 minute wait time and offers a callback service, but people are encouraged to apply for benefits online.
  •   • Residents can apply for any of these programs by calling 800-281-9799.

RESTAURANT OWNERS & EMPLOYEES You can find a detailed list of resources available to restaurant owners and employees

How can I help?

VOLUNTEERING A statewide guide offers examples of ways to volunteer safely during Coronavirus. Options include, but are not limited to: donating plasma, making cloth face masks and supporting local food banks. Orange County's Second Harvest Food Bank lists support options online.

DONATIONS An Orange County Community Resilience Fund has been started through the OC Community Foundation to raise money for local nonprofits and volunteer organizations.

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SUBTOPICS:
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  • ACLU
  • Don Barnes
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