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Orange County Coronavirus

Judge Declines to Immediately Block Governor’s OC Beach Closures

JULIE LEOPO, Voice of OC

The Fully Open CA protest on Main St. in Huntington Beach on May 1, 2020.

By Nick Gerda Nick Gerda | May 1, 2020
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A judge declined to issue an immediate order Friday blocking Gov. Gavin Newsom’s closure of beaches in Orange County, after hearing from the cities seeking the order and attorneys for the state.


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In his decision a few hours after the lawsuits were filed earlier Friday, Judge Nathan R. Scott of Orange County Superior Court said at an early stage of a case, courts often look to maintain the status quo until a full hearing, which he set for Monday, May 11.

“In this case, the status quo appears to be that the governor’s order is in effect, which would weigh towards receiving full briefing before making any changes to that,” Scott said at the end of Friday’s hearing, which was held by conference call.

“But even if that isn’t properly the status quo, based on what information I do have at this early stage, a balancing of interests and harms on both sides would tilt in favor of declining to intervene against the governor’s order, and in favor of giving priority to protecting against the threat to public safety posed by COVID-19.”

The decision came in response to two lawsuits filed requesting temporary restraining orders against the governor’s closure of all beaches in Orange County.

One lawsuit was filed the cities of Huntington Beach, Newport Beach and Dana Point, and the other was filed by Harmeet K. Dhillon, an attorney and former vice chairwoman of the California Republican Party.

During oral arguments, Dhillon said the governor was overreaching and infringing upon constitutional freedoms.

“It could not be plainer that this is an abuse of the governor’s discretion,” Dhillon said.

Huntington Beach City Attorney Michael Gates argued the state Constitution gives local control to cities like Huntington Beach.

“Our local control, especially as a charter city, should not be eviscerated or eroded simply because the governor from a podium…tells a city that they have to shut their beaches,” Gates told the judge.

The state’s lead lawyer said the state’s Emergency Services Act gives broad authority to the governor to protect public health, and that people continue to get sick and die from the virus.

“The governor clearly has the authority to take action, to protect the public health,” said Mark Beckington, a supervising deputy attorney general.

The OC Superior Court case numbers are 30-2020-01139511 and 30-2020-01139512.

Scores of residents protested Newsom’s stay home orders in Huntington Beach on Friday and called on him to reopen the beaches and the economy.

JULIE LEOPO, Voice of OC

Protestors gather in Huntington Beach on on May 1, 2020.

Many protestors demanded the governor ease back the stay home orders so they can get back to work. Some said the virus’ danger was overplayed, and other said it is simply a hoax.

“We should be rewarding our communities for practicing safe social distancing and not punishing them by only closing down Orange County beaches. This is unacceptable,” county supervisors’ Chairwoman Michelle Steel said at a Thursday news conference.

“This is a clear attack on Orange County and revenge on our local elected officials pushing back on his draconian shut down measures,” the Republican Party of Orange County added in a news release Thursday.

Newsom said Friday he supports people’s democratic right to disagree with him, and that he asks that they do so safely.

“As it relates to the protesters, all I ask for is this – and that is, take care of yourself, wear a face covering. Do justice to physical distancing. You don’t want to contract this disease,” Newsom said, adding the coronavirus has killed about 2,000 people statewide.

“Democracy is not about just standing still and standing pat. It’s also about free expression. And so I also applaud that, and thank everybody for their willingness to do it. All I ask is just do it safely, do it thoughtfully – not just for yourself, but for your neighbors and for others, and be an example in that respect.”

Nick Gerda covers county government for Voice of OC. You can contact him at [email protected].

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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