Law enforcement agencies justified in refusal to enforce Gov. Newsom’s ridiculous curfew (op-ed)

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SACRAMENTO, CA – Democratic Governor Gavin Newsom has decided that the state of California needs to close during the night-time hours because COVID is somehow more dangerous overnight than during the day. 

Despite his decision, Sheriff’s in the Los Angeles area have declared they will not enforce it, probably with good reason.

The problem with enforcing a rule like this with law enforcement is that there are limited means by which they can enforce the rule, other than charging someone in violation.

Now, there would be some that would merely suggest that the violators be given some fine or notice to appear in court for refusing the order, but since when has that worked?

Look at places like Seattle, Washington and Portland, Oregon. Rioters and looters have been let off the hook several times with slaps on the wrists for violating the laws in those states for rioting.

Where are they the next night after being released? Back out rioting and looting again.

Chiefs and Sheriffs in the area are most likely concerned with liability that would come from enforcing such an order.  What happens when someone violates the order and decides to fight with the police? 

Are the liberals going to back the local law enforcement in the area?  Recent history throughout the United States seems to suggest they will not. 

Why would any sheriff or police chief allow their agency and officers to open themselves up to civil liability and media scrutiny?  The short answer is, they would not. 

No reasonable CEO of any law enforcement agency would allow something as questionable as this rule to be enforced.

So, it should be no surprise that sheriffs and police chiefs in the area are refusing to enforce such an order. 

According to Fox’s Bill Melugin:

“We’ve now heard from every Sheriff in our SoCal viewing area.  San Bernardino, Orange, Ventura, & Riverside Counties will not actively enforce the curfew order.  LA Sheriff will take a voluntary compliance/education first approach, will not make any arrests related to order.”

He added:

“We’ve heard from the Sheriffs; we are now starting to hear from the city police departments about the curfew. 

Ontario and Laguna PDs say they will NOT actively enforce the order, seeking voluntary compliance.  Costa Mesa and Irvine PDs WILL take part in the enforcement.”

Orange County Sheriff Don Barnes, in reaction to the order from Newsom, said:

“Earlier today, the Orange County Sheriff’s Department became aware of a limited Stay at Home Order that Governor Newsom’s office ordered to go into effect on Saturday, November 21 at 10 p.m.

“Throughout the pandemic, the Orange County Sheriff’s Department has taken an education-first approach with regard to the public health orders.  We are currently assessing the action by the Governor.

“At this time, due to the need to have deputies available or emergency calls for service, deputies will not be responding to requests for face-coverings or social gatherings-only enforcement.”

The issue beyond these orders lies in the form of common sense.  There has not been even one scientist or doctor that has announced that somehow COVID-19 is more dangerous at night than during daylight.  Therefore, how is it possible that closing a massive metropolitan city after 10 p.m. something reasonable to do?

There could be some out there that argue that the nightlife is why the order has been given.  This may be true.

However, if wearing masks and socially distancing truly work, why not trust the business owners to enforce that measure instead of punishing the rest of the population? Perhaps, the real reason is nothing more than having complete control.

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California judge rules against Newsom, saying he overstepped his use of executive powers

November 4, 2020 – SUTTER COUNTY, CA – Take that, Newsom! A judge in California ruled Monday that Gov. Gavin Newsom overstepped his authority in his use of executive powers during the pandemic.

The Hill said that Sutter County Superior Court Judge Sarah Heckman issued a temporary injunction ordering Newsom to cease implementing executive orders that are in contradiction to state law, after determining one such order was “an unconstitutional exercise of legislative power.”

Under Heckman’s order, Newsom is prohibited “from exercising any power under the California Emergency Services Act, which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”

While she determined the California Emergency Services Act itself was constitutional, she said that it “does not permit the Governor to amend statures or make new statutes.”

“The Governor does not have the power or authority to assume the Legislature’s role of crating legislative policy and enactments,” the order says.

It will become final in 10 days if Newsom or his administration do not appeal it, which would be expected.

Heckman is the second judge in the county who decided that Newsom was overstepping his authority, however the ruling is contrary to other state and federal decisions regarding Newsom’s emergency powers during the pandemic, according to The Associated Press.

A spokesman for Newsom’s administration told The Hill that the administration disagrees with the ruling’s limitations, whiles saying they are “evaluating next steps.”

“The tentative ruling makes clear that the Governor’s statutory emergency authority is broad, and constitutional, and that the Governor has the authority, necessary in emergencies. To suspend statutes and issue orders to protect Californians,” the spokesman said.

Some state lawmakers were pleased with the decision, including Republican state Assemblymen James Gallagher and Kevin Kiley, who challenged the governor while saying he was overstepping state law with his draconian orders.

“This is a victory for separation of powers,” they said in a joint statement which was obtained by AP. Newsom, they said, “has continued to create and change state law without public input and without the deliberative process provided by the Legislature.”

The order in question involved requiring election officials to make hundreds of locations available for voters to cast ballots statewide. California lawmakers ended up approving the same mandate, so the order will not impact Election Day.

According to the Washington Free Beacon, Newsom’s order, N-64-20, issued in May required all 22 million registered voters in the state receive a vote-by=-mail ballot delivered no later than Oct. 5.

Newsom’s lawyers had argued that the case was moot because the legislature later passed legislation to send out the ballots, however the questions raised about the limits of his emergency powers are likely to extend beyond the coronavirus pandemic.

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