‘Don’t tell me how to run my business’ doesn’t work in COVID-19 era. Public safety is key

The fierce independence of the small business owner is what keeps them going against seemingly insurmountable challenges.

But the refrain “Don’t tell me how to run my business” is not going to work in the COVID-19 era.

For businesses to reopen correctly as the economy slowly resumes, owners are going to have to agree to let city, county and public health officials review the safety of their operations for employees and customers.

Businesses are going to have meet criteria they’ve never faced, and they will probably have lowered revenue expectations for an unknown period.

It literally will not be business as usual.

Sanitizer and masks

In Fresno, city code enforcement officers are ready to advise businesses on how to set up shop so customers can either pick up merchandise safely at curbside or in the store.

Certain things are now COVID-19 basics: Customers and employees must wear facial masks under the city’s latest emergency order; hand sanitizing stations must be available; six-feet separation for social distancing must occur throughout the shop; and no-touch payment methods should be offered.

If a store cannot do these basic things, customers can decide whether to take a risk.

In light of widespread local confusion recently about constitutional rights and government authority, Fresnans need to be clear that the government has widespread ability to regulate businesses. That has occurred for decades, well before COVID-19 ever developed. Courts have recognized the right of local, county and state governments to monitor and direct businesses to ensure public welfare.

If a business person is going to chafe under that fact, they should not reopen.

This point is not lost on state Sen. Andreas Borgeas, the Republican from Fresno. He has been a consistent supporter of small business in his political career and remains so today. But the pandemic requires proper care being taken. “You cannot just let businesses open up (without proper health protocols). That is the dumbest idea ever.” Speaking about business owners who might not want to follow directions, Borgeas said: “If you go rogue, you are at your own risk.”

L.A. County example

Apparently some businesses are willing to ignore, or even flaunt, the rules for public safety to limit the spread of COVID-19. According to the Los Angeles Times, 40 percent of the businesses surveyed in L.A. County on the May 9-10 weekend were not complying with the guidelines.

The situation with COVID-19 in Fresno County remains sobering. Dr. Tom Utecht, chief medical and quality officer at Community Medical Centers, said the number of COVID-19 cases in the region are doubling every two weeks. And the number of people admitted to area hospitals with COVID-19 keeps rising.

Since the area is not yet flattening its curve of infections, it is imperative to follow safety guidelines set forth by public health experts.

Seeking legal protection

The majority of small-business owners will do the right thing and keep their establishments clean of viruses. To provide a measure of assurance, Borgeas has led a dozen colleagues in writing a letter to Gov. Gavin Newsom asking him to use executive action to update the state’s Emergency Services Act. They want it to include protections for businesses from lawsuits by third parties over COVID-19.

“Third parties” in this case are customers. Under the proposal, lawsuits by customers claiming COVID-19 infection would be disallowed if the business was found to have followed the protocols properly.

Thirteen Valley legislators have signed on. Of those with ties to the central San Joaquin Valley are Borgeas;, Sen. Melissa Hurtado, D-Sanger; Sen. Anna Caballero, D-Salinas; Assemblyman Jim Patterson, R-Fresno; Assemblyman Devon Mathis, R-Visalia; and Assemblyman Frank Bigelow, R-O’Neals.

Run your business right

Here’s encouraging local businesses to reopen with city and county help, and to do it properly under the safety rules. Customers will feel confident patronizing such establishments, and that is good for business and the economy.

Any attempts to make COVID-19 precautions a matter of constitutional rights should be ignored. This is one time when government rules really will be best for business.

This story was originally published May 15, 2020 at 5:00 AM.