California Gov. Gavin Newsom announced yesterday that Orange County beaches would be closed for the next few weeks but he stopped short of closing all beaches as was announced in a California Police Chiefs Association internal memo, according to news reports.
“That was their memo but it never got to me,” Gov. Newsom told journalists at an April 30 Facebook Live press conference. “We’ve been consistent, clear and transparent about being focused on this in the last two days, reaching out to all kinds of stakeholders and that was one group we secured feedback and counsel from.”
Executive Order N-33-20 was issued on March 19, requiring Californians to follow rules issued by the Department of Public Health that citizens stay home due to the coronavirus pandemic.
As previously reported in the Southern California Record, thousands of people allegedly swarmed Orange County beaches on Saturday, April 25, despite the stay-at-home orders.
A California Police Chiefs Association memo stated the overcrowding of Orange County beaches last weekend led to the governor deciding to close all beaches in the state, according to NBC. However, Brady Guertin, a spokesman for the California Police Chiefs Association, said that the news leak had been a mistake.
“In an ever-changing environment, we sent out information regarding decisions that were still evolving, which was regrettably shared outside of our police chief membership and we apologize for the undue concern that caused to the public, our colleagues, the Governor and his staff,” Guertin said. “The sole intent of the notification was to alert our members and give police chiefs time to prepare. We thank Governor Newsom for his continued leadership during this unprecedented pandemic and look forward to continuing working with him and his office to maintain the safety and health of our communities during this crisis.”
Gov. Newsom said that only Orange County beaches would close, noting that it is among the top four counties in the state with the highest number of coronavirus cases.
“Orange County is one of the areas of particular concern,” he said. “We are doing a hard close in that part of the state.”
As of April 30, there were 2,421 coronavirus positive cases in Orange County and two fatalities, according to the Department of Health COVID-19 dashboard.
The Orange County Board of Supervisors held a press conference yesterday, also on Facebook Live, immediately following Gov. Newsom’s press conference.
“We are urging the governor to rethink his punitive measures against Orange County,” said Orange County Supervisor Don Wagner, former state Assemblyman. “It is clear to us that the governor is basing the decision to single out Orange County based on a couple of press photos. I am accusing no one of manipulating the media but the telephoto lens distorted what was happening on the beach last weekend.”
When pressed for answers about enforcement, Gov. Newsom said the state did not want to be heavy-handed.
“The application of the rules has to happen at the local level and when it doesn’t, we want to provide guidance and support,” said Gov. Newsom. “We don’t want to be heavy-handed and we don’t have to be. We have mutual aid strategies.”
Assemblyman Kevin Kyle, representing the 6th District in Sacramento, told the Southern California Record that the governor’s policy is wrong.
“Real issues of trust and credibility are arising,” Kyle said. “At today’s press conference, the governor said he wasn’t considering a statewide order to shut down all beaches but we know that he is.”
While the governor is exercising his authority lawfully under the current state of emergency, Kiley said that if Gov. Newsom began acting in a way that is not necessitated by the emergency, the assembly could pass a resolution to proclaim that he had exceeded his emergency powers.
“It wouldn’t stop him but a court could intervene,” said Kiley.
The California Constitution guarantees the right of public access to all navigable waterways in the state, according to San Diego Attorney Shawn McMillan.
“There’s a question as to whether Gov. Newsom has the authority to suspend the California Constitution on a selective basis against communities he doesn’t believe are following his orders,” McMillan told the Southern California Record.