SAN DIEGO COUNTY, Calif. — A San Diego resident on Thursday filed a federal lawsuit against California Governor Gavin Newsom over his stay-home-orders and the closure of businesses.
JD Bols, the man at the center of the lawsuit, said it is "a move aimed at freeing the people of California from home confinement, reopening the state’s $3.1 trillion economy, and putting Californians back to work immediately."
Bols said Gov. Newsom's executive order violated the U.S. Constitution - specifically, the Fifth Amendment. Bols' lawsuit also takes on First Amendment issues regarding the Newsom's alleged attempt to outlaw protests and church services.
A federal judge this week said Gov. Newsom had the right to ban church assemblies to prevent the spread of the coronavirus.
Judge John Mendez ruled Tuesday that Newsom’s stay-at-home order did not violate the constitutional rights to free assembly and religion when the Cross Culture Christian Center in Lodi was ordered to cease holding services.
The church held services until its landlord, under threat of misdemeanor from county health officials, changed the locks on the church doors.
California retailers and manufacturers can reopen as soon as Friday under a new plan by Gov. Gavin Newsom aimed at easing the state's stay-at-home coronavirus order.
His plan released Thursday allows some counties to go further by opening restaurants for dining, but only if the counties can meet strict thresholds. They include recording zero virus deaths over a 14-day period and just one case per 10,000 residents over the same time period.
Retailers that do reopen are expected to take precautions such as only allowing curbside pickup, checking employees for virus symptoms and providing them with face masks.
Newsom said a key consideration for loosening stay-at-home orders is the ability for health authorities to conduct widespread testing and establish a system to determine if someone who is infected might have spread the virus to someone else.
According to Bols, Newsom's approach is "vague and noncommittal."
“This isn’t a plan – it’s a concept that will take months if not longer to carry out. In the meantime, these restrictions will continue to tear apart the fabric of our society, causing needless psychological, social, physical and financial harm to the public at large," said Bols.
Here's a copy of Bols' full complaint below:
California restaurants have drafted a plan they hope will guide the mostly idled industry's reopening.
The recommendations obtained by The Associated Press envision a changed world within dining rooms, as an industry built on face-to-face contact looks for ways to safely conduct business and avoid spreading the coronavirus.
The plan from the California Restaurant Association will be submitted to Gov. Gavin Newsom on Thursday.
It suggests servers wear masks, recommends eliminating buffets and salad bars, and calls for far more cleaning.
The association hopes to avoid a requirement that customers have their temperature taken and the number of tables be dramatically limited.