‘It needs a lot more time.’ Fresno council doesn’t vote on proposed COVID gathering law
A proposed ordinance that would fine Fresno residents for gatherings of more than 15 people was pulled from a special agenda Tuesday without discussion, nor voted upon.
The City Council was scheduled to talk about and potentially vote on the order Tuesday afternoon. During the brief meeting, however, the proposed ordinance was pulled and the council entered closed session.
The order would have restricted gatherings of more than 15 family members or friends at their homes. Health officials have said such gatherings have been driving the spread of the coronavirus for months.
Councilmember Luis Chavez motioned to have the item removed. He said Monday the proposal was supposed to be intended for people who organize concerts in their backyard and not for family parties.
“Obviously, it needs a lot more time (for council) to look at the language of the bill,” Chavez said Tuesday during the meeting.
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.
Only Councilmember Nelson Esparza voted against removing the ordinance from the day’s agenda.
“We’re at a very real point where folks who are sick or getting sick now may not have an (intensive care unit) bed available to them a couple days from now,” Esparza said after the meeting. “There’s a tremendous amount of sacrifice being made right now by our essential workers, our business community and our overworked healthcare providers. And so for folks to still be gathering as if nothing is wrong, is just adding insult to injury by throwing gasoline on fire.”
The council’s action on Tuesday does not stop the ordinance from coming back for discussion at a later date.
Controversial order
Fresno County District Attorney Lisa Smittcamp weighed into the debate with a Facebook post late Monday that questioned the constitutionality of the potential ordinance.
“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 on Monday 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.
County officials have said for months that new COVID-19 cases continue to come from family gatherings.
With Fresno County continuing to set new records for coronavirus cases each day, the number of intensive care beds across hospitals countywide has effectively reduced to zero.
On Monday, hospitals in Fresno County had about nine ICU beds available, and the county’s latest assessment set the remaining capacity at 0%.
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.”
This story was originally published December 8, 2020 at 5:09 PM.
