Would city gathering ordinance be constitutional? Fresno County DA gives her opinion
Fresno County District Attorney Lisa Smittcamp weighed into the debate over a proposed Fresno City Council ordinance, calling it unconstitutional and setting off a war of words with one council member.
In a Facebook post, Smittcamp said she had received inquiries asking her about an ordinance that has been proposed for discussion during a special meeting of the City Council at 4 p.m. Tuesday.
The ordinance would prohibit gatherings or parties of more than 15 people. Violators could be fined starting at $1,000 and repeat offenders up to $10,000.
“I know of no authority in California ... that would support this type of action, which would legally prohibit such gatherings,” Smittcamp wrote in the post on Monday. “I would encourage all Fresno City Council members to research the constitutionality and legality of their proposed ordinances before they advertise them in the media or propose them as an agenda items to be voted upon.”
Councilmember Miguel Arias followed that Facebook post with one of his own, saying he had been asked about his response to Smittcamp. He said her comments were premature, saying the council is weighing ways to cut down on the virus spread and can only speak about them publicly if they are first announced on an agenda.
“I encourage our district attorney and police chief, if they aren’t doing anything to help our city get out of this disaster, to at least direct their questions to Mayor (Lee) Brand or the city attorney and gain some context before jumping to conclusions and making divisive comments,” Arias wrote on Facebook.
Fresno Police Chief Andy Hall also was critical of the proposal, saying his officers would not enforce it if it became law.
The ordinance requires five out of seven votes to pass in order to go into effect immediately.
Arias said city officials have been informed by Fresno County health officials that no more intensive care unit beds are available. County officials said the overwhelming majority of new cases come from family gatherings, he said.
Councilmember Garry Bredefeld has attacked the proposed order on Twitter.
“Another unconstitutional edict from politicians that have no data to justify their heavy-handed and authoritarian policies,” he wrote. “Soon they will want to cancel Christmas, family gatherings, and eating apple pie. Government insanity and tyranny on full display.”
The council is set to meet virtually at 4 p.m. Tuesday.
