May also challenge 12-person or 25% capacity limit for indoor services
Following is the statement from the Center for American Liberty’s Founder Harmeet K. Dhillon concerning the Contra Costa Health Services Order No. HO-COVID19-17. (See related article)
“The Center for American Liberty was contacted recently regarding the June 5, 2020 Order issued from Contra Costa Health Services (Order No. HO-COVID19-17). This Order was concerning for several reasons and we intend to formally reach out to Contra Costa County with an analysis of our concerns.
The June 5, 2020 Order, as presently written, specifically singles out places of worship by requiring that places of worship in Contra Costa County create and preserve a list of persons in attendance, and then disclose such attendance list upon request to the government – a burden that is notably not placed on other establishments in Contra Costa County. Such burden is unconstitutional and is discriminatory on its face.
The California Constitution provides certain inalienable rights, including the right to privacy, to freely assemble, and to enjoy one’s religion – Californians deserve to freely worship and assemble without fear that his or her name and address will end up in a government database. The Center for American Liberty welcomes any official change to this June 5, 2020 Order and will continue to be vigilant about any attempts to discriminate against houses of worship or people of faith in California.
Additionally, the June 5, 2020 Order currently limits houses of worship to a 12 person or 25% limit (whichever is fewer), which is arbitrary, and we will also be monitoring, and potentially challenging, this disparate burden on places of worship and people of faith in Contra Costa County.”
Read MoreBy Allen Payton
Contra Costa County health officials are backing down on their requirement in the latest order issued June 5 that places of worship gather names and information of all attendees, keep it for 14 days and provide it to the county immediately upon request. According to a statement issued Tuesday morning, “health officers will be working with county attorneys to revise the order to reflect this as a recommendation but not a requirement.”
The action comes following a series of email exchanges between the Herald and county supervisors and staff over the past several days about the requirement, an article on the matter and public outrage on social media challenging the constitutionality of the requirement, the inconsistent and unfair application to only places of worship, and no other organization or business, including protesters or restaurants offering outdoor dining in which people sit for extended periods of time with their masks off in order to it.
A legal effort was in the works as of Monday, with several residents agreeing to sign on to a legal demand letter to be sent to the county. But that now appears to be unnecessary.
Following is the Statement Regarding Requirements for Religious Gatherings
“In the health order issued June 5 by Contra Costa Health Services, religious organizations were required to maintain a list of attendees at religious services and cultural ceremonies in the event of an outbreak of COVID-19. The intention was to facilitate quick, complete contact tracing if a participant at the event tests positive.
Health officers will be working with county attorneys to revise the order to reflect this as a recommendation but not a requirement. If a participant tests positive for COVID-19, the host will be asked to assist CCHS with contact tracing associated with the gathering.
To mitigate the risk of transmission to the greatest extent possible, CCHS encourages participants to wear face coverings at all times, maintain social distance when possible, practice good hand hygiene, and stay home if sick.”
According to Kim McCarl, Assistant to the Director of Contra Costa Health Services for Communications, “As we revise the language, the recommendation will apply to any allowed gatherings.”
Read MoreBy CHP – Contra Costa
Early yesterday morning, Sunday, June 7, 2020, at about 3:45am, Contra Costa CHP was advised of a wrong way driver traveling southbound in the northbound lanes of I-680 near El Pintado road, in the Danville area. The wrong way vehicle then collided head on into a vehicle traveling in the northbound lanes of I-680. Upon emergency personnel and CHP arrival, the solo female driver of the wrong way vehicle was located and detained and had suffered non-life-threatening injuries. Tragically the female driver and male passenger of the victim vehicle that was hit by the wrong way driver, were both declared deceased at the scene. A secondary non-injury collision occurred with the victim fatality vehicle shortly after the original wrong way collision. The Contra Costa County Sheriff’s Coroner’s Office will be handling the release of identity of the deceased female driver and deceased male passenger.
In our initial investigation, it appears the female driver of the wrong way vehicle (Camille Veraanne Kimball, 27 years old from Concord, driving a 2020 Ford Fusion) was driving southbound in the northbound lanes of I-680, north of El Pintado road. The victim vehicle (2012 Honda Civic) driven by a 46-year-old female from Antioch with her 26-year-old male front passenger also from Antioch, was traveling in the northbound lanes of I-680 at El Pintado road. Kimball continued to drive her Ford wrong way on I-680 and crashed head on into the victim’s Honda, just north of El Pintado. Tragically the driver and the passenger of the Honda did not survive and were both pronounced deceased at the scene.
Kimball suffered non-life-threatening injuries and was transported to John Muir hospital. Kimball was also suspected of driving under the influence/impaired. While at the hospital, Kimball was investigated and arrested for felony DUI and vehicular manslaughter. Due to her injuries, she was admitted to the hospital and will remain there until discharged into police custody for booking into the county jail.
This incident is still under investigation. If anyone witnessed this collision, the wrong way Ford Fusion vehicle prior to the collision, or the events leading up to the collision, please contact Contra Costa CHP in Martinez at (925) 646-4980. Thank you.
Read MoreAccording to Kim McCarl, the county health services communications assistant, the “guidelines will be the same as the state’s”. No word on if the requirement to create lists of the names and contact information of all attendees to be given to the county upon demand will still be included. (See related article)
Read MoreFrom Karen Rarey – Brentwood City Council Facebook page, June 6, 2020
REVISED 6/10/20 – To honor the request of my daughter-in-law, a small portion of my statement has been edited to keep private matters private.
MY SINCEREST MESSAGE TO OUR COMMUNITY:
As a White woman, I can tell you that I will never fully understand the pain, fear, anger and sadness that a Black person may encounter in their lifetime. Emotions as a human being, equal to all others, that NO PERSON should EVER have to go through.
What I can share with you is that along with the love I have for my son and his wife, a beautiful Black woman, and my two beautiful granddaughters, I also experience fear and worry for them. Why? Because there are people in the world who can’t look past the color of someone’s skin.
I’ve feared and worried for them when they’ve talk about moving to a new town, as not all towns are accepting of African Americans or of an interracial couple. They have been fortunate to find one that is, but that is not true for everyone.
I want the world, or at least I’d like to start with Brentwood and help to make it more inclusive, not just for my daughter-in-law and my grandchildren, but for every person, no matter the color of their skin.
On Friday, at my League of California Cities Public Safety Policy Committee, we all agreed it was vital for us, as the Public Safety Policy Committee, to make a statement relative to combating violence, condemning the murder of George Floyd and actionable measures for cities moving forward.
We spent several hours crafting a statement, which is being forwarded to the League Board for consideration at its next meeting.
Whether the League Board publicly issues this statement, or some form of it, as the person who seconded the motion on the original statement, I feel it is important to share the six main principles of our message:
- We condemn the murder of George Floyd as horrific, tragic and unacceptable, not only in Minneapolis, but in any community in this country.
- We denounce violence in all its forms; including against people and property, but recognize the urgency and significance of this moment, and call for special attention to be given to violence against black lives, and call on all cities and communities in California to create spaces dedicated to listening to and taking the action steps necessary to address the concerns raised by citizen-based movements, such as Black Lives Matter.
- Cities must lead by working toward structural reforms that build public trust for law enforcement by focusing on the action steps that will ensure black, brown, indigenous, and other communities of color are safe and equal members of society.
- Call on all cities to advance policies that promote the hiring of officers who reflect the communities they serve.
- Provide greater access, transparency, and community oversight to issues of police misconduct as a means of building trust and restoring justice to impacted communities.
- Ask all cities to adopt the pillars of 21st Century Policing and to support review of existing policies and practices to ensure the equitable protection of the freedoms and rights of all citizens.
Back between 2002-2012, Brentwood had a Diversity Committee, formed to foster racial harmony within our community. The co-chair of the committee has already reached out to our Police Chief to let him know that he has been reactivating members to help spur discussions as to what needs to change.
I spoke with our City Manager this week and told him that I too wanted to be part of that group.
I think it’s important to say that I believe the members of the Brentwood Police Department are professionals and they do a phenomenal job, something I’ve experienced firsthand during ride-a-longs, in the police station and out in public.
Does that mean that there aren’t changes that need to take place? The answer is no, there is ALWAYS room to improve the way we do things.
After the incident in Minneapolis, our PD’s Defensive Tactics Instructor Cadre viewed the incident as an opportunity to revisit relevant aspects of the department’s Use of Force policy and to review appropriate tactics for controlling a prone, handcuffed suspect.
Your voice is important to me – If you feel there is change that needs to take place here in Brentwood, I want to hear from you. I can be reached at krarey@brentwoodca.gov.
For now, I will pray for healing and acceptance in our nation, but especially for healing and acceptance in our community.
Yours Sincerely,
Karen Rarey
Council Member
City of Brentwood
#blacklivesmatter #wecandobetterinbrentwood
Read More
By Allen Payton
In his Friday, June 5, 2020 order, Contra Costa County Health Officer Dr. Chris Farnitano now allows religious services to hold outdoor worship services of up to 100 people and indoor worship services of up to 12 people. (See related article)
However, buried deep within the order, in Section 3, Subsection B3 of “Appendix C1 – Additional Businesses” the order requires “A record of attendance, including the names and contact information for each attendee at a service or ceremony, must be created and preserved by the Place of Worship for a minimum of 14 days, and provided to Contra Costa Health Services immediately upon request in the event that a COVID-19 case is linked to the event.”
An email was sent to all five members of the County Board of Supervisors and county health services communications staff, in an attempt to reach Dr. Farnitano, Saturday evening with the following questions.
- Are you also requiring protest organizers to provide a list of those who attend them?
- Or restaurants to provide you a list of diners who enjoy outdoor dining at their locations?
- How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people?
- Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already?
- Don’t you think this goes way too far?
- Was the county counsel consulted before this was included in the order?
Four of the members of the board were also sent text messages asking them to check their emails for the message.
Supervisor John Gioia, who was an attorney before being elected to the board in 1998, responded first via text message with, “Yes. It’s to keep track of people who are in contact with someone who tests positive. For contact tracing. And have them isolate for 14 days if they test positive.”
When asked again if protesters are required to give their names and information and what about restaurants that serve outdoor diners, he simply responded, “It’s a fine balance. I understand the arguments on both sides.”
Board Chair Candace Andersen responded by email with, “Karen (Mitchoff) and I chair at COVID Ad Hoc Committee each Thursday at 1:30 pm (available to all via Zoom). This week we had Dr. Farnitano explain this provision at our meeting. It’s simply there so that if there is a COVID outbreak, a church could make the names of attendees available so that they could be traced/tracked and notified that they may have been exposed. The only time these names would be requested is if there was, in fact, someone who came down with COVID in the congregation.”
“In a workplace or at a school the Health Department would also request the names of everyone who was present and exposed to someone who tested positive for COVID. In those settings the names would already be available because of the nature of the business,” she continued. “I will ask our Health Team to put an FAQ up so that its purpose can be clarified.”
In response, another email was sent to Andersen, Mitchoff, and the county health services communications staff, asking for answers to the questions from the first email that were not answered by Andersen.
The requirement from the June 5th order was shared on social media and almost all the comments about it were negative such as, “Do businesses with thousands of people going in and out need to record all of this? I go to many businesses and my name is never recorded, unless it is a dentist or something,” and “That is so crazy…are we still in the USA? Or is this a bad dream?”
Another commenter asked, “How about the names of the thousands of…protestors before they go out and the looters too?” Another comment reads, “I’ve wondered how they are tracking all the people at Walmart, Target and Home Depot. They don’t take attendance there.”
“Ridiculous! Control! Why not other businesses? Only churches?” asked another commenter. “I won’t attend until that changes. My name isn’t going on any list,” wrote another.
One pastor wrote, “That’s too far” and another wrote, “I’m not doing that. They don’t do that with Walmart, Home Depot, etc.”
The Bill of Rights are limitations on the power of government. It can be argued that the requirement in the county’s health order violates both the First and Fourth Amendment rights religion, peaceful assembly and privacy, of both the worship service attendees and those of the places of worship.
The First Amendment mentions religion first in the list of rights, because that is the first reason our nation was founded, going back to the Pilgrims in 1620. It reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” That applies to any state law, county or city ordinance, regulation or order, as well.
The Fourth Amendment refers to what is described as the right to privacy. It reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” So, a church or other place of worship could require the county to provide a warrant to obtain the information the order requires.
6/7/20 UPDATE: Chair Andersen Responds
In an email received by the Herald on Sunday afternoon, June 7, Board of Supervisors Chair Candace Andersen offered the following responses to some of the questions posed to her and the rest of the board members and Dr. Farnitano:
“How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people? That’s why we have contract tracing in place. We would track/trace people at both venues to make sure others who were exposed are tested, thus preventing a serious outbreak.
Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already? In a worldwide pandemic of this scope we are continually balancing the health of the community versus any limitations we need to impose upon the public. I really miss going to church. For my entire life I have gone every single Sunday unless I was home sick. However, I can see how it is for the greater good to NOT have live church services where we could potentially be exposing each other to a horrible virus. And, I continue to worship at home with my family, with fellow church members via Zoom and YouTube, through reading scriptures, listening to uplifting music, and finding new ways to connect spiritually. Yes, it’s different than it was, but I also know it is only temporary. More importantly, “the State” is not telling me how or who I should be worshipping, only that it is unsafe to gather as a congregation right now. As you know, the State Supreme Court has agreed that in this emergency we’re in, this is an acceptable limitation.
Don’t you think this goes way too far? Was the county counsel consulted before this was included in the order? All Health Orders have County Counsel’s review before they are implemented. I would be concerned if churches were mandated to report attendance each week, but they’re not. No one is reviewing the attendance or calling out who is or is not there. Churches are just being asked to be in a position to identify who was present at a service so that if there is an outbreak, the affected people can be notified and tested.”
However, the recent ruling in the case before the Supreme Court had nothing to do with government requiring places of worship to collect the names and contact information of those who attend worship services and provide it upon request.
A more complete question was sent to her and Dr. Farnitano asking, “how would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people if that same attendee participated in a number of other activities, both indoor and outdoor, during the week?
Possible legal action can be expected against the county in the very near future.
Please check back later for any updates to this report.
Read MoreRoad to Reopening – A message from Anna M. Roth, Health Director, Contra Costa County
(June 6, 2020) – Thanks to all your collective efforts and sacrifices for the health of the community, we are making progress in our fight against COVID-19. There is light at the end of the tunnel.
The state is permitting us and other counties to chart their own courses based on local conditions. We are now able to provide a timeline laying out when we are aiming for opening more businesses and allowing more activities. I hope this provides some clarity about our hoped next steps. We will be updating this document as we get further guidance from the state and in consideration of the status of COVID-19 in our community. Stay safe and we will all get through this together.
But the road map includes the caveat of “We hope to continue opening up the county but, may need to reconsider openings based on the course of the pandemic.”
However, the road map includes the caveat of “We hope to continue opening up the county, but may need to reconsider openings based on the course of the pandemic.” An email was sent to the county health services asking why churches/religious services are not included and when they will be. Please check back later for updates to this report.
For more information visit www.coronavirus.cchealth.org.
Allen Payton contributed to this report.
Read MoreFrom Contra Costa Health Services
Contra Costa County residents may again enjoy outdoor swimming pools, outdoor seating at restaurants and dog parks under a new health officer order released today.
The order, effective 5 p.m. today, also allows for outdoor religious services of up to 100 people, indoor religious services of up to 12 people, use of outdoor picnic and barbecue spaces, and overnight camping for people belonging to the same household.
Because of the progress made in the fight against COVID-19, Contra Costa health officers feel confident opening additional businesses and activities. The State of California has determined that while counties can move slower than state in reopening, they cannot move more quickly. The openings announced today bring Contra Costa County in closer alignment to state guidelines. It also aligns with other Bay Area counties taking similar steps.
“We have made great progress slowing COVID-19 in our county,” said Candace Andersen, chair of the Contra Costa Board of Supervisors. “I want to offer a heartfelt thank you to all who suffered and sacrificed to follow these health orders throughout this pandemic. I know it has not been easy. But you have helped save lives.”
This order follows a modification earlier this week that allowed offices and many retail businesses to reopen and created guidance for small gatherings including people from different households.
Previous health orders requiring physical distancing and face coverings in public spaces remain in effect. Contra Costa residents should also continue to emphasize handwashing and other hygiene measures in their daily lives to reduce their risk of becoming infected.
“COVID-19 is still circulating in our community, and we need to take precautions to prevent outbreaks,” said Dr. Chris Farnitano, the county health officer. “Another way we can keep ourselves and our families safe is to get tested, even if we feel well.”
The new order includes guidance for safely conducting the newly permitted activities, including requirements for businesses. Details, including the full text of the order, are available at cchealth.org/coronavirus.
Read MoreBy Matt J. Malone, Public Information Officer, Superior Court of California, Contra Costa County
Due to anticipated civic activities in the area, the Contra Costa Superior Court will close at all locations at 12:00 p.m. on Friday, June 5.
Read MoreBy Susan Shiu, Director, Office of Communications and Media, Contra Costa County
(Martinez, CA) – County Administrator David J. Twa has signed the Order Rescinding a Countywide Curfew within Contra Costa County, effective as of 1:00 PM today, June 4, 2020.
The order states that “As Contra Costa County’s Administrator of Emergency Services, I have reviewed, on a daily basis, the conditions that necessitated the June 2, 2020, Countywide curfew. At this point, it appears that the public order and safety has generally been restored in Contra Costa County and it is therefore appropriate to lift the emergency Countywide curfew.”
The order further states that “This action does not affect any city curfews that remain in effect. Cities will make their own determination as to whether curfews continue to be needed within their commercial districts or other areas within those cities.”
“We all continue to want peaceful protests and encourage everyone to stay safe,” said Twa.
Read the Order Rescinding the Countywide Curfew.
Read More