Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Contra Costa opens four sites for free by-appointment drive-through testing for COVID-19

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In Concord, Martinez, Pittsburg and San Pablo

By Kim McCarl, Assistant to the Director, Communications, Contra Costa Health Services

Contra Costa residents who have fever, cough or similar symptoms can make an appointment for free COVID-19 testing at one of four drive-through sites around the county.

The sites, opened Wednesday by Contra Costa Health Services (CCHS), are available to anyone regardless of insurance.

“Testing is more available now than it has ever been since this pandemic began, and we have the opportunity to give more people the health information they need to care for themselves,” said Candace Andersen, chair of the Contra Costa County Board of Supervisors. “Information is power, and it will help us flatten the curve in Contra Costa County.

Testing is available to people who have symptoms of COVID-19, such as fever, coughing or shortness of breath and fatigue.

Any Contra Costa resident with these symptoms can call 1-844-421-0804 for a confidential screening by a health professional. Telephone screenings will be available from 8 a.m. to 3:30 p.m. Monday through Friday.

“It is crucial to ramp up testing in Contra Costa so we can get a more accurate idea of the spread of COVID-19 in our community,” CCHS Director Anna Roth said. “It is also crucial for everyone in the community to have access to testing, to better protect themselves and their families.”

Depending on their symptoms, callers may receive health advice during their screenings or an appointment for testing at one of four drive-through testing sites:

  • Contra Costa Public Health Clinic Services, 2500 Bates Ave., Concord
  • Martinez Health Center, 2500 Alhambra Ave., Martinez
  • Pittsburg Health Center, 2311 Loveridge Road, Pittsburg
  • West County Health Center, 23601 San Pablo Ave., San Pablo

Screening and appointments are only available by phone. Testing is not available on a walk-in basis.

Patients with appointments must travel in their personal vehicles to their appointments, Testing is done without patients leaving their vehicles. Testing results are available in three to five days.

Applications for Pandemic Unemployment Assistance for business owners, self-employed and independent contractors begin April 28

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Information on State and Federal Benefit Payments

From – https://edd.ca.gov/about_edd/coronavirus-2019/pandemic-unemployment-assistance.htm

As part of the federal CARES Act, the new Pandemic Unemployment Assistance (PUA) program helps unemployed Californians who are business owners, self-employed, independent contractors, have limited work history, and others not usually eligible for regular state UI benefits who are out of business or services are significantly reduced as a direct result of the pandemic. The provisions of the program once operational include:

  • Up to 39 weeks of benefits starting with weeks of unemployment beginning February 2, 2020, through the week ending December 26, 2020*, depending on when you became directly impacted by the pandemic.
  • An additional $600 to each PUA weekly benefit amount you may be eligible to receive, as part of the separate CARES Act Pandemic Additional Compensation program. Only the weeks of a claim between March 29 and July 25* are eligible for the extra $600 payments.

* Under the CARES Act of 2020, the $600 additional benefits are available through 07/31/20. However, the U.S. Department of Labor has issued guidance to clarify that, for most Californians, the last full week of benefits will end on 07/25/20. Similarly, the PUA program has a legislative end date of 12/31/20, but for Californians the last full week of benefits will end on 12/26/20.

Benefits can be retroactive to weeks starting on or after February 2, 2020, depending on your last day of work due to COVID-19 and regardless of when you submitted your claim application. The effective date of your claim will begin the Sunday of the week when you last worked and became unemployed due to reasons directly related to COVID-19.

Important Information

Note: Because this is a brand new program, each state will need time to develop all of the necessary system programming, forms, processes, and procedures. This page will be updated as information becomes available, including when and how to apply for these benefits. Once this new complex program is built and staffed, it will likely rival the size of the regular UI program the EDD already administers.

As we work to implement this new program, you can:

Eligibility

The PUA benefits are payable if you don’t qualify for regular UI benefits in California or another state and also do not qualify for State Disability Insurance or Paid Family Leave benefits. This includes:

  • Business owners
  • Self-employed individuals
  • Independent contractors

You can also be eligible if you qualified for regular UI benefits, but have collected all benefits for which they are eligible.

If you are not a citizen of the United States, you cannot be paid PUA benefits unless you were legally permitted to work in the United States at the time such services were performed. In addition, you must be authorized to work for any week of PUA benefits claimed to be eligible for payments.

You must also meet one of the following criteria:

  • You have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and are seeking a medical diagnosis.
  • You are unable to work because a health care provider advised you to self-quarantine due to concerns related to COVID-19.
  • A member of your household has been diagnosed with COVID-19.
  • You are providing care for a family member or a member of your household who has been diagnosed with COVID-19.
  • A child or other person in the household for whom you have primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 and the school or facility care is required for you to work.
  • You became the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19.
  • You have to quit your job as a direct result of COVID-19.
  • Your place of employment is closed as a direct result of COVID-19.
  • You were scheduled to start a job that is now unavailable as a direct result of the COVID-19 public health emergency.
  • You are unable to reach the place of employment as a direct result of the COVID-19 public health emergency.
  • If you work as an independent contractor with reportable income, you may also qualify for PUA benefits if you are unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health emergency has severely limited your ability to continue performing your customary work activities, and has thereby forced you to stop working.

Benefit Payments

In order to provide benefits as quickly as possible, payments will be issued in phases. If you qualify for PUA, and depending on the effective date of your PUA claim, the initial payments you will receive are as follows:

  • Phase 1
    $167 per week for each week you were unemployed from February 2, 2020 to March 28, 2020 due to a COVID-19 related reason.
  • Phase 2
    $167 plus $600 per week for each week you were unemployed from March 29, 2020 to July 25, 2020, due to a COVID-19 related reason.
  • Phase 3
    $167 per week, for each week from July 26, 2020 to December 26, 2020, that you are unemployed due to a COVID-19 related reason, up to a total of 39 weeks (minus any weeks of regular UI and certain extended UI benefits that you have received).

Note: If you qualify for your claim to be backdated to an earlier PUA effective date based on your last day of work, you could receive payment for prior weeks you were unemployed due to COVID-19.

You will be required to “certify” for your benefit payment. Certifying is the process of answering basic questions every two weeks that tells us you’re still unemployed and otherwise eligible to continue receiving biweekly payments.

When to File a Claim

We have a dedicated team working around the clock with state partners to build this new program as quickly as possible. The EDD will begin accepting online applications for this program on Tuesday, April 28. This page will be updated with instructions for filing a claim for PUA benefits when details become available.

If you are unsure if you are an independent contractor or an employee who could be eligible for benefits, file for regular Unemployment Insurance benefits and we will determine your eligibility.

After you have filed, refer to our step-by-step UI claims process. You’ll learn what to expect and the actions you need to take through the course of your claim for receiving benefit payments as long as you’re eligible.

Supervisors ban evictions, rent increases during COVID-19 shelter in place with 6-month grace period

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No late fees for 120 days

By Daniel Borsuk

Residential and commercial renters will get some rental and eviction relief during the COVID-19 pandemic after the Contra Costa County Board of Supervisors voted 5-0 to approve an ordinance containing a 180-day grace period, two months more than what supervisors initially had in mind, during a special meeting on Tuesday. (See entire ordinance, here).

By liberally extending the grace period an extra two months, supervisors are handing over to thousands of renters in the county more financial and housing relief during this stressful period when COVID-19 has decimated their financial livelihood. In March, the county’s unemployment rate was 4 percent and April’s unemployment rate will very likely rise sharply when it is release later on.

Instead of inserting a 120-day grace period that other counties like Santa Clara County have inserted in its COVID-19 rent control and eviction moratoria ordinance, Contra Costa County supervisors at the request of District 1 Supervisor John Gioia of Richmond convinced other supervisors that a longer grace period is needed given the uncertainty of the duration of the medical and economic repercussions from the current local and state-mandated stay-at-home orders.

Gioia said he favored the more expansive 180-day grace period because the ordinance, as it was proposed to supervisors, does not protect all tenants whether they are delinquent or current in their rent.

“You have to be up to date on rent in order to be protected by the ordinance presented by counsel,” said Gioia. “It’s very unfortunate that the governor’s order requires this. Tenants must be current on rent to qualify for the grace period.”

Supervisors listened to 45 emailed comments from county residents, most of whom were in support of at least a 120-day grace period, little knowing that Gioia would propose a more expansive 180-day grace period.

“We’re dealing with uncertain times,” said District 3 Supervisor Diane Burgis of Brentwood. “We’re dealing with people who have not paid rent. People who have lost jobs because businesses have shut down.”

District 4 Supervisor Karen Mitchoff of Pleasant Hill preferred to retain the ordinance’s 120-day grace period clause saying it was sufficient for renters, but eventually agreed to the 180-day grace period for rent and eviction moratoria purposes until May 25 when supervisors plan to revisit the issue.

Other features of the ordinance taken mainly from the Santa Clara County ordinance include countywide, no-fault evictions, definition of owner, attorney fees, and no late fees.

Public Health Ad Hoc Committee Created

While COVID-19 health measures will remain in place for the foreseeable future, Board Chair Andersen proposed the creation of an ad hoc Public Health Committee that will weekly with county health department officials.

The committee that will consist of Burgis and Board Chair and District 2 Supervisor Candace Andersen of Danville. The committee’s key role is to be advisory to supervisors and Contra Costa County Health Officer Dr. Christopher Farnitano who will retain ultimate authority on health issues.

“This is not meant to replace the health officer’s directive,” said Supervisor Mitchoff. “There’s been some concern about communication. People are getting frustrated.”

Contra Costa Coronavirus Update: 19 deaths in county, 685 cases

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Screenshot of CC Health Services Coronavirus Dashboard.

By Allen Payton

As of Saturday, April 18, 2020 at 11:30 a.m. Contra Costa Health Services (CCHS) is reporting a total of 685 cases of COVID-19/coronavirus, and a total of 19 deaths in the county, three more than yesterday. There are 37 people diagnosed with the virus currently hospitalized.

A total of 8,944 people have been tested for the virus in the county.

The county’s coronavirus dashboard also offers hospital information. It shows the daily Intensive Care Unit Occupancy Rate and Ventilator Utilization for all hospitals in the county.

The largest category of those who have been diagnosed with the virus continue to be people ages 41-60 with 251 cases.

To see the all the statistics provided by CCHS, click here.

Drive-in churches now legal in California thanks to lawsuit victory

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“But, it’s problematic because going to church still isn’t considered essential” – Attorney Harmeet Dhillon

By Allen Payton

A victory, Friday in a lawsuit on freedom of worship is forcing California to allow drive-in church services.

The lawsuit against the State of California naming Governor Gavin Newsom over his executive order, was filed by San Francisco attorney Harmeet Dhillon, founder of the non-profit Center for American Liberty and co-counsel Mark Meuser, on behalf of three southern California churches and one parishioner. (See related article)

According to twitter posts by Dhillon, a government brief filed late (Friday) morning claimed that “drive in” is a “technology” like streaming video, and now OK. In response to this executive order “clarification” by opposition brief, Riverside and San Bernardino Counties update(d) their health decrees to allow drive-in worship.

“This development is a partial victory in our lawsuit, but it still does not allow in-building services – meaning people seeking spiritual guidance and fellowship safely, are given no right to do so but the same people can visit wine, pot, food, laundry shops with a mask legally,” she tweeted.

“We continue to wait for ruling on TRO (temporary restraining order),” Dhillon continued. “People of faith may be treated no less favorably than any other people in California. Reporters, termite guys, tree trimmers, baristas, stir-fry chefs, grocery workers, and customers of all have rights – so do religious leaders & followers!”

She was asked why this applies to the entire state, when she was only representing the three churches and one parishioner in Southern California.

“But I sued the State of California over the statewide order, and the counties,” she explained.

The place where the so-called policy changes were announced are hidden in the ruling, with the state agreeing that “of course drive-in churches are a technology like streaming video,” Dhillon shared. “You and I both know that’s absurd. But, it’s problematic, because going to church still isn’t considered essential.”

There’s no requirement for the state to publicize the court’s decision.

“It’s sneaky,” she said.

Asked about her clients Dhillon said, “I’m only representing those who are socially responsible, like anyone else.”

According to their website, “The Center for American Liberty defends the Free Speech rights and Civil Liberties of Americans.”

“The non-profit hired my firm to represent the plaintiffs,” she explained.

The decision was handed down by the U.S. District Court for the Central District of California in Los Angeles, which also includes Riverside and San Bernardino Counties.

“I’m glad we were able to do this. This is a small thing,” Dhillon added. “You’re probably not going to see a lot of drive-in churches in the next week or two. But, it’s better than nothing, dressing up, driving in and seeing your friends.”

Gov. Newsom issues executive order on actions in response to COVID-19 including CSU admissions criteria, deadline for real estate license extensions

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The order also addresses background checks for essential workers

SACRAMENTO (Apr 16, 2020) – On Thursday, Governor Gavin Newsom signed an executive order addressing a variety of issues in response to the COVID-19 pandemic, including adjusting admissions requirements for the California State University system and providing flexibility for 60 days on background checks for critical infrastructure sectors. (See the entire order, below).

Specifically, the CSU system will be able to waive hearing requirements to be able to make adjustments to admissions criteria for students applying this coming fall to enter as freshmen in the fall of 2021.

Additionally, the order will allow the California Department of Justice to develop procedures to perform name-based background checks to protect health and safety and avoid delays in processing employment for critical sectors, such as health care services and care and support for vulnerable populations.

The executive order also will allow federal stimulus checks to flow directly to custodial parents owed back child support payments and will additionally allow for commercially licensed food trucks to be able to temporarily operate in roadside rest areas for a period of 60 days, to ensure essential infrastructure workers have access to food. Caltrans will be charged with developing and implementing a process to administer the temporary permits.

The text of the Governor’s executive order can be found here and a copy can be found here.

Learn more about the state’s ongoing COVID-19 response efforts here. Visit covid19.ca.gov for critical steps Californians can take to stay healthy, and resources available to those impacted by the outbreak.

EXECUTIVE ORDER N-52-20

WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and

WHEREAS despite sustained efforts, COVID-19 continues to spread and is impacting nearly all sectors of California; and

WHEREAS the COVID-19 pandemic and the necessary physical distancing measures implemented have affected governmental agencies, workers, private businesses, and California residents alike, with associated impacts on adherence to certain statutory and regulatory deadlines; and

WHEREAS a shortage of fingerprinting services has arisen in California despite those services being included among the essential critical infrastructure sectors identified pursuant to Executive Order N-33-20, and this shortage is impacting other essential critical infrastructure sectors, including the healthcare sector and other programs that provide care and support to vulnerable Californians; and

WHEREAS to prevent potential impairment of delivery of critical healthcare services and of care and support for vulnerable populations, the California Department of Justice, working in concert with the California Health and Human Services Agency and other agencies and departments, is developing procedures to perform name-based criminal background checks, consistent with Penal Code sections 11105.7 and 11105.75, and subject to certain conditions, including a requirement that each applicant’s identity and criminal history be verified by fingerprints as soon as practicable after an initial check based on other identifying information has been performed; and

WHEREAS individuals who are tested for COVID-19 should have access to test results, and important information on test interpretation, isolation, and care guidance, in an expeditious and deliberate manner; and

WHEREAS illness due to COVID-19 and physical distancing requirements imposed to limit spread of the virus impede the ability of the California Coastal Commission, the State Water Resources Control Board, members of the public, and others to meet certain time limits set forth in the Permit Streamlining Act and the Public Resources Code; and

WHEREAS the COVID-19 pandemic and subsequent school closures has disrupted the lives and educational progress of K-12 students, impacting their ability to meet existing admissions prerequisites for the California State University system; and

WHEREAS it is important that the trucking industry have access to food at highway rest areas while maintaining the critical supply chain throughout this state; and

WHEREAS federal financial relief provided under the Coronavirus Aid, Relief and Economic Security Act (CARES Act) should be made swiftly available to individuals who would otherwise be entitled to it—including custodial parents and other caregivers entitled to past due support—notwithstanding state law providing that certain federal tax refund offsets should first be applied to support owed to the State; and

WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1) The timeframes set forth in Business and Professions Code, Division 4, Part 1, Chapter 3, Article 2 (Section 10150, et seq.) are hereby extended for a period of 60 days. The deadlines specified in Business and Professions Code, Division 4, Part 1, Chapter 3, Article 4 (Section 10200, et seq.), related to payment of real estate license application, and renewal fees, are hereby extended for a period of 60 days.   2) The timeframes set forth in the Business and Professions Code Division 4, Part 1, Chapter 3, Article 2.5 (Section 10170 et seq.), relating to continuing education requirements for real estate licensees, are hereby extended for a period of 60 days.

3) The deadlines specified in existing Orders issued by the Real Estate Commissioner pursuant to Business and Professions Code, Division 4, Part 1 are hereby extended for a period of 60 days.

4) The June 1, 2020 deadline specified in Education Code section 8434(g), related to the election of a representative for family childcare providers, is extended to August 1, 2020.

5) The requirements specified in Harbors and Navigation Code section 1176 and in California Code of Regulations, title 7, sections 217.5 and 217.10 that a pilot be found fit-for-duty as a condition of having his or her license renewed and that a pilot trainee be found fit-for-duty to be allowed to continue in the training program are temporarily waived. The temporary waiver of a fit-for-duty determination applies to pilots whose license expires between April 1, 2020, and July 31, 2020, and to trainees whose anniversary of admission to the training program falls between these same dates. These fit-for-duty requirements must be satisfied by December 31, 2020, unless this Order is further extended.

6) The training requirements specified in California Code of Regulations, title 7, section 215 relating to continuing education for pilots are temporarily waived for those pilots required to complete training in 2020. These pilots must satisfy these waived training requirements by June 30, 2021, unless this Order is further extended.

7) The three-year maximum length of the training program for pilot trainees specified in Harbors and Navigation Code section 1171.5 (c) and California Code of Regulations, title 7, section 214 (c) is extended by one year for trainees who have been unable to train on vessels because of the COVID-19 pandemic.

8) The provisions of California Vehicle Code section 2501 requiring all licenses issued to privately owned or operated ambulances used to respond to emergency calls, privately owned armored cars, and fleet owner inspection and maintenance stations that expire one year after the licenses are issued are hereby extended for a period of 60 days from the license expiration date. This extension is applicable to licenses expired on or after March 4, 2020, or will expire within 60 days from the date of this Order.

9) For holders of current commercial driver’s licenses or certificates, whose required medical certificate has or will expire on or after March 1, 2020, the timeframes set forth in Vehicle Code section 12804.9(c), and accompanying regulations, pertaining to possessing a valid medical certificate in order to maintain a valid commercial driver license or certificate, are waived until June 30, 2020.

10) The time limits set forth in the Permit Streamlining Act in Government Code sections 65943, 65950, 65952, and 65956, and in Public Resources Code sections 30512, 30513, 30603, 30606, 30621, 30622, 30625, 30714, and 30812 are suspended, with respect to actions by or matters before the California Coastal Commission or the State Water Resources Control Board, for a period of 60 days. This paragraph pauses the time limits in the referenced sections but does not restart them, and should be construed to toll those timeframes for 60 days, such that no time should be counted for 60 days, but that any days that elapsed prior to this suspension are still counted.

11) To the extent any provision of state law might restrict the exercise of the California Department of Justice’s authority to conduct criminal background checks pursuant to Penal Code section 11105 based on identifying information other than fingerprints for individuals performing tasks that require licensure pursuant to pursuant to Division 2 of the Business and Professions Code or providing services or care pursuant to the California Community Care Facilities Act (Chapter 3 of Division 2 of the Health and Safety Code), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 of Division 2 of the Health and Safety Code), the California Child Day Care Facilities Act (Chapter 3.4 of Division 2 of the Health and Safety Code) or In-Home Supportive Services (Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code and Welfare and Institutions Code sections 14132.95, 14132.952, and 14132.956), those provisions are suspended for a period of 60 days.

12) To the extent any provision of state law might restrict the exercise of the California Department of Justice’s authority to waive or eliminate the applicable fee for a criminal background check conducted pursuant to Paragraph 11, those provisions are suspended for a period of 60 days.     13) Health and Safety Code section 123148(b)(1) is suspended to the extent it requires a health care professional to review COVID-19 test results before those test results may be disclosed to a patient via the Internet or other electronic means, on the condition that any such disclosure must be conducted in accordance with an order of the State Public Health Officer or a local public health officer, and with guidance issued by the California Department of Public Health pursuant this paragraph. The California Department of Public Health shall issue guidance concerning large-scale COVID-19 testing, as well as appropriate test interpretation, isolation, and care measures to be undertaken in conjunction with such testing.

14) All requirements in Education Code section 89030.5, which permits a change in the criteria for admission to a California State University campus to become effective only after public hearings have been held and only after a period of at least six months or one year (as applicable) has elapsed after that change is approved by the chancellor, are waived through June 30, 2021.

15) The restrictions for commercial activities in safety roadside rest areas specified in Streets and Highways Code sections 225 and 225.5 and Vehicle Code sections 22518, 22520.5 and 22520.6, and accompanying regulations, are suspended for a period of 60 days, to the extent necessary to allow commercially licensed food trucks to operate and sell food in designated safety roadside rest areas in compliance with a temporary permit issued by Caltrans. Caltrans is authorized to develop and implement a process to issue and administer temporary permits allowing commercially licensed food truck vendors that otherwise are in compliance with state and local licensing and permitting requirements to operate and sell food in designated safety roadside rest areas. The development and implementation of this process shall not be subject to the Administrative Procedure Act, Government Code section 11340 et seq.

16) Code of Civil Procedure section 695.221(e), concerning credits to the State from certain collections received from federal tax refund offsets when the recipient of such a refund owes past due support, is suspended.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

UPDATE: Contra Costa Sheriff issues misdemeanor citation to North Richmond church for holding Easter service

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All Nations Church of God in Christ from Google Maps and Pastor Wyndford Williams, Sr. from the church’s Facebook page.

UPDATE: Filed the case with DA’s office for prosecution; parishioners weren’t wearing masks nor practicing social distancing according to the Deputy Sheriff. Pastor denies those claims.

By Allen Payton

In a press release from the Contra Costa County Sheriff’s spokesman Jimmy Lee wrote, “at about 12:32 PM on Sunday, April 12, 2020, the Office of the Sheriff received an anonymous complaint of an unlawful assembly at the All Nations Church of God in Christ at 1225 York Street in North Richmond.

A deputy responded to the location and saw approximately 40 people inside the church. None of them were wearing a face mask and they did not practice social distancing.

The deputy first spoke to the deacon and asked to speak to the pastor who was in front of the parishioners. The pastor was uncooperative and refused to talk to the deputy.

The deputy left the location and wrote a report.

On April 13, 2020, a Deputy responded to the church and issued a misdemeanor citation for violation of the Health Officer order (California Health and Safety Code § 120295).

The Sheriff’s Office later filed a case with the Contra Costa DA’s Office for prosecution.

‘Our focus has been on education of the Health Officer Order and in the vast majority of cases we ask for voluntary compliance and that solves the problem,’ said Contra Costa Sheriff David Livingston. ‘This was different. The pastor refused to cooperate and put the lives of dozens of parishioners at risk.’”

Asked if the deputy attempted to interrupt the church service to speak to the pastor, Lee responded, “no” and reiterated that the deputy first spoke to the deacon. Asked if the deputy waited until after the church service was over to speak to the pastor, Lee responded, “I don’t have that detail but the Deputy made several attempts to talk to the pastor, who refused to talk to him.”

Attempts to reach the church’s pastor, Wyndford Williams, Sr., for comment by phone and email were unsuccessful prior to publication time. A message on the church’s Facebook page Thursday afternoon stated media inquiries were to be sent to the pastor’s email address and that “a reply will be sent within 24 hours.”

5:11 PM UPDATE: The following “official statement” was received from the pastor refuting the Sheriff Deputy’s claims in his report – “Easter Sunday is one of the most important celebrations in the Christian faith. A small service was held with approximately forty people in attendance. Masks were worn. Hand sanitizers were provided. Families that lived together sat together. Otherwise, social distancing was observed.”

On Monday, U.S. Attorney General Barr issued a statement on “Religious Practice and Social Distancing”.

In it, he wrote, “In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances.

But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.  Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings.  Religious institutions must not be singled out for special burdens.”

The Department of Justice filed a Statement of Interest in support of a church in Mississippi that sought to hold “parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.” That was because the “city (of Greenville) appears to have…singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing… while permitting citizens to attend nearby drive-in restaurants, even with their windows open.”

In the case of the All Nations Church of God, neither the pastor nor parishioners were following the guidelines and practices of social distancing as outlined in the county health officer’s order of “no gatherings”. (See related article)

Asked if the Sheriff’s Office wouldn’t have cited the church if the parishioners had been wearing masks and practiced social distancing, or if it was because more than 10 people were gathered, Lee responded, “Everything we want to say is in the press release.”

See the complete statement by Attorney General Barr, here:

Attorney General William P. Barr Issues Statement on Religious Practice and Social Distancing; Department of Justice Files Statement of Interest in Mississippi Church Case

Attorney General William P. Barr issued the following statement:

“In light of the COVID-19 pandemic, the President has issued guidelines calling on all Americans to do their part to slow the spread of a dangerous and highly contagious virus.  Those measures are important because the virus is transmitted so easily from person to person, and because it all too often has life-threatening consequences for its victims, it has the potential to overwhelm health care systems when it surges.

To contain the virus and protect the most vulnerable among us, Americans have been asked, for a limited period of time, to practice rigorous social distancing.  The President has also asked Americans to listen to and follow directions issued by state and local authorities regarding social distancing.  Social distancing, while difficult and unfamiliar for a nation that has long prided itself on the strength of its voluntary associations, has the potential to save hundreds of thousands of American lives from an imminent threat.  Scrupulously observing these guidelines is the best path to swiftly ending COVID-19’s profound disruptions to our national life and resuming the normal economic life of our country.  Citizens who seek to do otherwise are not merely assuming risk with respect to themselves, but are exposing others to danger.  In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances.

But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.  Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings.  Religious institutions must not be singled out for special burdens.

Today, the Department filed a Statement of Interest in support of a church in Mississippi that allegedly sought to hold parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.  The City of Greenville fined congregants $500 per person for attending these parking lot services – while permitting citizens to attend nearby drive-in restaurants, even with their windows open.[1]  The City appears to have thereby singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing.

As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest.  While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.

Religion and religious worship continue to be central to the lives of millions of Americans.  This is true more so than ever during this difficult time.  The pandemic has changed the ways Americans live their lives.  Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines.

The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions.”

 

 

Contra Costa Health Officer issues new “Cover Your Face” order

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N-95 face mask.

Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Saf. Code, § 120295.)

By Kim McCarl, Assistant to the Director, Communications, Contra Costa Health Services

A new health order in Contra Costa County requires anyone working at or visiting an essential business, such as a grocery store or gas station, to wear face coverings to help reduce the spread of COVID-19.

The order, effective Wednesday, April 22, also requires public transit and government workers to wear masks when they come close to others, or where the public is likely to be present. (See the complete, six-page order, here.)

Members of the public must mask when they:

  • work at an essential business
  • are inside an essential business, such as a grocery store
  • visit a healthcare provider or facility
  • wait in line for or ride public transportation

Businesses must take reasonable measures, such as posting signs, to remind visitors about masking, and not serve customers who do not observe the order. Workers do not need to mask if they are alone in a personal office but must put them on when others enter.

“We now know that a significant number of people with COVID-19 lack symptoms, or become infectious before they start showing symptoms,” said Dr. Chris Farnitano, Contra Costa County’s health officer. “That is why we all need to start wearing cloth face coverings in public settings where it’s sometimes hard to maintain physical distancing, such as standing in line at the store.”

The new order does not extend to people driving in personal vehicles alone or with members of their households. Contra Costa residents are encouraged to continue to observe safe physical distancing when they go out to exercise or for recreation.

When outside, everyone must carry masks or face coverings and use them whenever they come near six feet of others outside their own households.

People engaged in more strenuous exercise, such as running or bicycling, should stay further apart from others while breathing heavily and take steps to avoid breathing on others, such as moving to the other side of the road to avoid pedestrians and wearing a mask if possible.

The new order does not replace the county’s stay-at-home health order or the need to maintain physical distancing, wash hands frequently and cover coughs and sneezes – all fundamental to reducing the spread of COVID-19.

“Stay in place, maintain your space, cover your face,” Dr. Farnitano said. “One key way the COVID-19 virus spreads is through respiratory droplets that people expel when they breathe or sneeze. By masking and observing physical distancing, we can help protect everyone in the community.”

The order does not require children 12 and younger to wear masks. Children 2 years old or younger must not wear them because of the risk of suffocation.

Face coverings can be anything made of cloth, fabric or other permeable material that covers the nose and mouth and the lower part of the face. Medical-grade masks are not required – a T-shirt or bandana works fine, Dr. Farnitano said.

Masks with one-way valves for easy breathing do not qualify as face coverings under the order because they can release respiratory droplets into the surrounding air.

Visit cchealth.org/coronavirus to read the order or for more information about COVID-19. Visit the Centers for Disease and Control at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover.html for video instructions to make and use cloth face coverings.

Contra Costa Coronavirus Update: 631 cases, 16 total deaths in county

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CC Health Services Coronavirus Dashboard statistics as of April 16, 2020 at 11:30 a.m.

By Allen Payton

As of Thursday, April 16, 2020 at 11:30 a.m. Contra Costa Health Services (CCHS) is reporting a total of 631 cases of COVID-19/coronavirus, and a total of 16 deaths in the county on their dashboard. There are 37 people diagnosed with the virus currently hospitalized.

There were 41 new cases reported on Monday, 16 more on Tuesday and 18 more cases reported on Wednesday.

Of those who have tested positive in the county, the cities or communities with the most cases are as follows: Richmond has 66 cases, Concord has 60, Pittsburg has 49, Antioch has 46 cases, Brentwood has 40, Walnut Creek has 37, Orinda has 36 cases, Pleasant Hill has 32, Bay Point and San Pablo each have 31 cases, San Ramon has 27, Oakley has 25 cases, followed by Danville with 22.

A total of 8,282 people have been tested for the virus in the county.

The county’s coronavirus dashboard is now offering hospital information. It shows the daily Intensive Care Unit Occupancy Rate and Ventilator Utilization for all hospitals in the county.

The largest category of those who have been diagnosed with the virus continue to be people ages 41-60 with 227 cases, 188 cases for those age 21-40, 144 cases among those age 61-80, another 47 cases of those age 81-100 and 24 cases of those age 20 and under.

To see the all the statistics provided by CCHS, click here.

County health officer suspends intakes, orders social distancing at homeless shelters

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ORDER OF THE HEALTH OFFICER OF THE COUNTY OF CONTRA COSTA

No. HO-COVID19-07

SUSPENDING INTAKES AT HOMELESS SHELTERS

SOCIAL DISTANCING AT HOMELESS SHELTERS

DATE OF ORDER: April 14, 2020   Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code, § 120295.)

SUMMARY OF THE ORDER California is in a State of Emergency because of the Coronavirus Disease 2019 (COVID-19) pandemic. The spread of the novel coronavirus that causes COVID-19 is a substantial danger to the health of the public within the County of Contra Costa (“County”). COVID-19 can easily spread between people who are in close contact with one another. This Order is issued based on scientific evidence and best practices as currently known and available to protect vulnerable members of the public from avoidable risk of serious illness or death resulting from exposure to COVID-19. The age, condition, and health of a significant portion of the population of the County place it at risk for serious health complications, including death, from COVID-19. There is growing evidence of transmission risk from infected persons before the onset of symptoms. Thus, all individuals who contract COVID-19, regardless of their level of symptoms (none, mild or severe), may place other vulnerable members of the public at significant risk. Currently, there is no vaccine available to protect against COVID-19 and no specific treatment. The Health Officer of the County of Contra Costa has determined that there is an increased risk of COVID-19 among persons living in large homeless shelters, and that the shelters must be depopulated temporarily to help slow COVID-19’s spread and prevent the healthcare system in the County from being overwhelmed. On April 14, 2020, the depopulation of Bay Area Rescue Mission located at 200 Macdonald Avenue, Richmond CA 94801 (“the Shelter”), will commence.

UNDER THE AUTHORITY OF SECTIONS 101040 AND 120175 OF THE CALIFORNIA HEALTH AND SAFETY CODE, THE HEALTH OFFICER OF THE COUNTY OF CONTRA COSTA (“HEALTH OFFICER”) ORDERS:

  1. Commencing on April 14, 2020 at 2:00 p.m., the owner and operator of the Shelter (collectively “Shelter Operator”) and all staff members and volunteers who work in the Shelter shall suspend the intake of persons to reside at the Shelter, including but not limited to accepting applications, conducting interviews and background checks, or otherwise authorizing any person to stay overnight at the Shelter if the person is not a resident of the Shelter as of the time and date set forth above.
  2. To the extent that the Shelter Operator currently provides or arranges for services to be provided to residents of the Shelter or other homeless persons, other than providing space for overnight stays, those services may continue to be offered, but only on the condition that all participants practice social distancing as set forth in Paragraph 3.
  3. All residents of and other persons who enter the Shelter shall practice social distancing by remaining at least 6 feet away from all other persons while in the Shelter.
  4. This Order shall become effective at 2:00 p.m. on April 14, 2020 and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer.
  5. Copies of this Order shall promptly be: (1) made available at the Office of the Director of Contra Costa Health Services, 1220 Morello Avenue, Suite 200, Martinez, CA 94553; (2) posted on the Contra Costa Health Services website (https://www.cchealth.org); and (3) provided to any member of the public requesting a copy.
  6. If any provision of this Order or its application to any person or circumstance is held to be invalid, then the reminder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.
  7. Questions or comments regarding this Order may be directed to Contra Costa Health Services at (844) 729-8410.

IT IS SO ORDERED:

Chris Farnitano, M.D. Health Officer of the County of Contra Costa   Dated: April 14, 2020