Gavin Newsom, even under his broad powers of executive order under a state of emergency does not have the power to deprive someone of their constitutional rights. He can only suspend California statutes and regulations, not constitutional rights.
California Gov. Gavin Newsom just announced he signed an executive order which ordered all individuals living in the State of California to stay home or at their place of residence except as needed to follow the federal critical infrastructure sectors.
Newsom’s executive order preempts all other county orders issued by Sacramento, Los Angeles, Orange, Solano, Ventura, and the seven San Francisco Bay area counties.
Here is what we know.
The California State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operation of the federal critical infrastructure sectors.
Read the full Executive Order here.
How long will we stay home?
This goes into effect on Thursday, March 19, 2020. The order is in place until further notice.
What can I do? What’s open?
Essential services will remain open such as:
- Gas stations
- Food: Grocery stores, farmers markets, food banks, convenience stores, take-out and delivery restaurants
- Laundromats/laundry services
Essential state and local government functions will also remain open, including law enforcement and offices that provide government programs and services.
- Dine-in restaurants
- Bars and nightclubs
- Entertainment venues
- Gyms and fitness studios
- Public events and gatherings
- Convention Centers
Where does this apply?
This is in effect throughout the State of California.
California Globe will follow up as more information is available.
According to Attorney Mark Meuser, there are issues with Gov. Newsom’s order:
The public health officer only has authority to quarantine those who they have reasonable or probable cause have been infected. otherwise they have no authority to deprive someone of their liberty.
The courts have ruled that “A mere suspicion, unsupported by facts giving rise to reasonable or probable cause, will not justify depriving a person of his liberty under an order of quarantine.” That is a court’s order regarding the same statute that the Public health officials are using to try to get everyone to shelter in place.
The Governor simply asked us to heed what the public health official has ordered.
The Public Health Officials do not have the authority to give a blanket quarantine.
And the governor has simply asked us to heed what the public health officers are saying.
Furthermore, even if Gov. Newsom had said we must obey the public health officer, we still come back to the same problem; Gavin Newsom, even under his broad powers of executive order under a state of emergency does not have the power to deprive someone of their constitutional rights. He can only suspend California statutes and regulations, not constitutional rights.
Depriving individuals of due process, equal protection, and property rights is not something that Gov. Newsom has the power to do with executive order.
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