06-21-2020, 03:40 PM
(06-20-2020, 05:11 PM)2006alum Wrote:If you ever read one of the Public Health Officer Orders in California, you'd know where the laws are.(06-20-2020, 04:21 PM)Leftcoast Wrote: Love it or hate it legislation did what years of cajoling could not.
Are we talking about legislation? I have yet to see a single "law" passed anywhere- just "guidance" (the form this is taking in CA)
Buy-in from all stakeholders is really important for any "law" to be successful. The seatbelt law was the result of several decades of advocacy, reform, industry participation, and state and federal policymaking. Waving a magic wand and decreeing -overnight- civil penalties for failing to take actions that six months ago would have been seen as authoritarian in the extreme is, IMHO, not the way to achieve that, especially when we already know there's a substantial segment of the populace that views mask wearing through an entirely ideological lens.
County:
Quote:Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code § 120295, et seq.; Cal. Penal Code §§ 69, 148(a)(1); Santa Clara County Ordinance Code § A1-28.)UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF SANTA CLARA (“HEALTH OFFICER”) ORDERS: ...(Also see 101080)
State:
Quote:Pursuant to the authority under EO N-60 -20, and Health and Safety Code sections 120125, 120140, 131080, 120130©, 120135, 120145, 120175 and 120150, this Order is to go into effect immediately and shall stay in effect until further notice.
I think of this similarly to martial law. In the event of unusual circumstances, the government authorizes certain officers to require certain actions. In the case of the county, the county supervisors must review the situation (section 101080) every 30 days.
Whether "civil penalties" properly describes a fine for such a misdemeanor, I will leave to those that can distinguish those details.
20 years from now, if we are still suffering widespread death from COVID-19, I expect there will be plenty of well-honed, legislature-passed, court-tested laws about wearing masks. With only 3-4 months under out collective belts, we haven't figured out how many & who (individuals & classes) will die so we can have chicken on our table, football on Sunday, or a night out drinking and playing cards.
I will admit that I haven't figured out how the California's guidance on face masks fits under the California Public Health Officer's Order. (I still haven't figured out how that order allows outdoor exercise or other non-business-related activity. I also note that the mask guidance is again too-business oriented and doesn't cover situations in which you are in a private indoor (or outdoor) space that is not your own household (visiting a relative or friend in their home). But then, I haven't read the sections of the code mentioned in the state PHO order. Maybe they mention "guidance" specifically.
