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.
Great article, Mr. Payton! We need more journalism that prints fair and balanced news.
I could not believe what I was reading! All over the country we are seeing religious censorship in one form or another. They claim it is for safety and to prevent the spread of Covid-19, yet, they say nothing about this when it regards BLM protests and unlimited shopping at corporate businesses.
This is wrong and if it goes unchecked, we will see more of this type of behavior by government and more ground being taken away.
Amen what can we do this is out of line i refuse
In schools, to protect privacy, if there is a lice outbreak, or some other sickness by one student in a class, the school notifies the families of the student in the class. This is all the warning people need. People can make decisions for THEMSELVES.
Chris Farnitano needs to be removed from his office. With 1.5 million people (including over 300k illegals) in Contra Costa, there have been 37 deaths. Farnitano appears to be on a power trip with no end in sight. His recommendations are NOT based on the number of deaths, but on cases. However, the COVID test has a 60% rate of FALSE POSITIVES. Not to mention that there are 8 strains of this virus. Which one EXACTLY does this COVID test test for??
This “new” condition for churches continues to move the finish line once again for certain aspects of our society. It is clearly biased against religious gatherings, and again, Farnitano needs to be removed.
This insanity has to end. You do not quarantine a million plus healthy people.
Yes. Visitors to our church who do not submit a visitors card will never be turned away and we maintain strict confidence just as do doctors
I agree 100% needs to go !!!!! Over the top and controlling and power tripping !!!!!
How many deaths have been attributed to lice outbreaks?
Comparing Covid to head lice is a logic fallacy called, “False quivalency.”
“Power trip … no end in sight”
No other examples of his “power tripping” tendencies provided: therefore one event does not a case make.
That fallacy of logic is called the “ad hominem attack.”
You must concede that restricting access to food, fuel, and materials necessary to fix things that break would be more harmful to a society than temporarily restricting crowds for houses of worship during a worldwide pandemic. Every store I have been to is enforcing mask requirements and doing their best to keep people apart. If you have a better way to enhance traceability without going totalitarian like China, we’d love to hear it. I am more sympathetic to complaints when they are followed by solutions. Here is one solution: Church services can be and are currently being held by remote (my friend watches Christ the King’s Sunday mass on line).
The sooner everyone exercises patience and accepts a few temporary inconveniences, the quicker we can get back to “normal,” whatever that was.
I am a Christian (I know, who cares?) and was raised to believe that God has three answers to our prayers: “yes,” “no,” and not now.
I believe he is telling us, “not now.”
You don’t have clue the overall agenda some of these restrictions. I think churches should open up and members with underlying health issues can continue to watch from home. You can have distancing in the sanctuary and people can wear masks if they chose to. Not too difficult
It’s not about patience. It is about consistency in applying the rules.
Well said
Absolutely ridiculous and against our
constitutional rights.
A religious bias is evident. Removal from office should be immediate along with any council member who goes along with that “order”.
Thank you Allen! As a pastor I appreciate you letting me know about this. When we meet back together, we will of course NOT be taking names and giving them to anyone. Thanks again!
How are synagogues to do that when we don’t write on Shabbat? Or are we just prohibited from worship until an undetermined later date. FWIW you didn’t get my name at either rally this week.
Common sense says to remove this or make this a requirement for all establishments who are allowed to serve 12 or more people.
Absolutely- if one organization has to do this mandate – make them “all” do it – seems fair to me
Dr Chris…You are the anti Christ and your day will come. Do you require the names and addresses of the thousands of protesters? Do you limit their numbers? You are a phoney.
According to the CDC: “a close contact is someone who was within 6 feet of an infected person for at least 15 minutes starting from 48 hours before illness onset until the time the patient is isolated. They should stay home, maintain social distancing, and self-monitor until 14 days from the last date of exposure.”
Contra Costa County churches are now ordered to limit gatherings to 100 or fewer outdoors, with at least six feet of social distancing. There is zero possibility of close contact according to the CDC definition. Given this, why would churches need to keep a list of names when close contact is not possible? Makes no sense. Who would go to a church service if they feared they could get stuck in quarantine for 14 days? What is the real purpose of this unnecessary tracking requirement?
I stand with the pastors that say they won’t comply. CCC is nuts. DEFUND THE BOARD OF SUPERVISORS. They are not doing a good job of defending the constitution.
This is a disgrace.
Not my church!
This is absolutely outrageous and appalling! Why call out religious organizations for this requirement? Rules should apply to all organizations! There appears to be a personal bias or hidden agenda by this so called Doctor. County Supervisors: start using common sense and exercise some real leadership to your constituents!. This set of requirements is NOT based on science. He needs to be replaced as your inhouse consultant on these matters. Also, the limit of 12 people to attend worship regardless of the size of the facility is a blatant disingenuous political tease to say you are doing something to open up places of worship. In the requirement of “does not exceed 100 persons, or 25 percent of the area’s capacity, whichever is less.”…..you should immediately remove the words “whichever is less”.
Correction to my comment. I was referring to the 12 person limitation. “does not exceed 12 persons, or 25 percent of the building’s capacity, whichever is less” . the words “whicherver is less” should be removed. Sorry about that error.
“It was a bright cold day in April, and the clocks were striking thirteen.”
-George Orwell
Greaat Reporting -thank you!!!
LIST names for a religious gsthering? NO WAY! I guess I will wait a little longer.
I agree Farnitino needs to go about control and power trippin and now over the top !!!! Hopefully will be removed from office !!!!
Farantino the most powerful man you never heard of. I looked up the CoCo Hr requirements for his position …. No great shakes and he can shut down the world. First he is just a cut and paste guy following italy, then he’s a follow the Dr sad face from Santa Clara now he is the monster, and not an elected official. Just say No to Farintino!
I’m not allowing my name and contact information to go on any list to exercise my right to attend a church service. They just want to try to blame churches for spreading the virus if an outbreak occurs. How would you even know if someone got the virus at church or if they got earlier at the grocery store. Yet the “left” media keeps printing article after article about outbreaks that supposedly keep occurring at church services.
To Supervisor John Gioia
Sir, It’s a fine balance?
Your balance is heavily weighted. It’s all or nothing. You can’t have it both ways.
Sure I’ll give my name, and a fake email address. Give.me.abreak!
This is what happens when you give this type of power over unelected officials. Tar and feather them as far as I’m concerned.
Man, all these ELECTED officials are drunk on power. I ain’t down with anarchy or martial law, but I agree that most of the system needs to be completely replaced. From police up to governors. The system’s too damn broken for it to be repaired it’s got to be replaced by better people. By those who actually do their job as elected officials are supposed to. Because what the majority want the majority ain’t getting were getting junk stuffed down our throats by what a small percentage of crybabies want.
Chris Farnitano has overstepped the authority given him by the people of Contra Costa County. He should be removed. Additionally, all the board members who supported this legislation should be viewed as complicit and removed.
I would support a law suit against the entire board for violation of the constitutional rights of the people of CCC.
Impeach and remove them all from office. ! Power mad all. We will not comply!
Thank you for this article, this whole lockdown is coming out as the power grab it was designed to be. But now, instead of doing the right thing and opening up fully, they’re actually doubling down. The restrictions they’re applying to churches is so out of balance. The area pairs need to band together and stand up against these infringements on our 1st Amendment rights. And that Doctor needs to be removed Grim his position immediately.
Why can’t these politicians face the public in person?
According to their own guidance they should be able to hold a meeting with a hundred people, if done outside.
Instead they stay secluded and unaccountable, only responding to emailed questions that fit their agenda.
What would our founding fathers have done if not give due representation?
These restrictions are a direct violation of my religious freedom. I AM GOING TO CHURCH TOMORROW. I may be standing in the parking lot by myself, but I will be there! So come and arrest me…IF YOU CAN!
A VETERAN….
PS. BE PREPARED FOR A FIGHT!
Wearing a mask, maintaining 6 feet distance, washing hands, staying at home if not feeling good, and even bringing one’s own prayer mat, after washing it, as in our case, makes sense, but limiting the indoor attendance to 12, whatever the capacity and enlisting the devotees seems far too stretched. Churches/Islamic Centers even take the temperature of the devotees. Why all the rules are valid only for the Church goers, and not for the Wall Mart/Home Depot customers!!!
Everyone needs to sign the recall Newsom form
you can download it on your computer download Newsom Recall we need your signature
mail in certified ASAP unless you want a tyrant to stay in office and more living in hell.