Who will enforce COVID-19 guidelines, Fresno County or state? Here’s what we know
After Fresno County slid back into the purple tier of California’s coronavirus restrictions, two Fresno County supervisors said county officials again will rely on voluntary compliance from businesses rather than enforcing the guidelines.
Fresno County Supervisors Nathan Magsig and Buddy Mendes both said Tuesday they support voluntary compliance from businesses and will focus on ensuring hospitals have capacity for COVID-19 patients and relieving business-related costs.
“All we can do is encourage people to voluntarily comply and be smart about what they do,” Mendes said.
The purple Tier 1, or the level with the most restrictions, allows restaurants to only serve food outdoors and allows 25% capacity for retail stores and shopping malls.
Mendes called the data Gov. Gavin Newsom’s office used to determine tiers “foul,” saying he hasn’t seen any information that shows 25% restaurant capacity, as allowed in the red tier, is less safe than a Costco packed full of people.
Magsig said the supervisors can’t do much to stop the spread of the virus.
“I’m reminded again that what we are fighting is a virus. Although we are able to detect symptoms, the virus is invisible,” he said. “When you look back in history, we see this type of pattern happening…At the end of the day, these viruses end their course. There’s not a way to stop them. People need to be smart and safe and protect themselves until there’s a vaccine or people develop significant antibodies.”
Hours after Magsig and Mendes spoke to The Bee, Fresno County’s Director of Public Health, David Pomaville, had a slightly different take, saying his department will help businesses come into compliance.
“But we’re not in a position to say businesses can open in defiance of the statewide requirements,” Pomaville said. “We are concerned if there are significant public health and safety concerns at businesses, we will take the necessary actions” for enforcement. Pomaville added that state agencies, including the state’s Division of Occupational Safety and Health and others, are stepping up their efforts to work in both consultation with businesses and enforcement of safety rules.
State strike teams
Previously when cases surged in Fresno County, the state sent strike teams here to enforce restrictions and provide support to the health care system. The governor’s office has not yet responded to The Bee’s question about whether that could happen again.
Mendes said he doesn’t believe the strike teams worked.
“This is about individual freedoms and individual behavior,” he said. “We can only influence so much. This is still a free society.”
A staffer with the governor’s Office of Emergency Services said the state enforcement action focuses on businesses that are serial offenders or where a local jurisdiction does not have limited capacity to do enforcement. If the jurisdiction has limited capacity, the state task force will collaborate with local officials.
The strike teams haven’t been aggressive in issuing fines or other consequences.
The task force began shortly before July Fourth and targeted businesses, events or activities in violation of public health orders. So far, the strike teams made nearly 1.5 million contacts across the state, which resulted in 4,162 enforcement actions, according to Brian Ferguson, deputy director for crisis communication and public affairs for the OES.
As more counties moved to purple this week, the enforcement task force will continue working with local agencies to restore compliance if needed, Ferguson said.
City of Fresno response
The city of Fresno, on the other hand, previously aggressively and publicly fined egregious violators of pandemic safety guidelines. Since then, city leaders have softened their stance.
With Monday’s news of moving back into the purple tier, Mayor Lee Brand and Fresno City Council President Miguel Arias issued a joint statement saying they also expect voluntary compliance and will help educate businesses before fining them.
Last week, Fresno County’s Interim Health Officer Dr. Rais Vohra issued a plea to businesses and individuals to follow the guidelines, noting that violations risked putting the county headed back into the purple tier.
“We do need everyone to be mindful that the rules exist for a reason, and we do expect everyone to follow the rules,” he said.
This story was originally published November 17, 2020 at 2:31 PM.