CALIFORNIA – On Saturday, November 21st, thousands of people in 16 different California cities took to the streets in defiance of Governor Gavin Newsom’s latest nighttime curfew orders requiring people to stay at home after 10 p.m.
Huntington Beach,California is still supporting our President Donald Trump 🇺🇸💪 pic.twitter.com/umJOwEmX7e
— Jolanta Jemiola-YOLA (@JJemiola) November 22, 2020
According to reports, protestors carried Trump/Pence flags and “Open up California” banners as the marched through the streets. At 10:01 p.m., crowds began to gather in various cities across the state, including Huntington Beach and San Clemente.
Fox News reported that in Huntington Beach, a crowd of about 400, dubbing themselves “curfew breakers,” gathered in front of the city’s main pier to protest the curfew that took effect at 10 p.m. Around midnight, the crowd shrunk in size.
‘Curfew Breakers’ protest held in California against latest COVID-19 restrictions https://t.co/oiMugGy5V5 pic.twitter.com/m3XukUGj7a
— New York Post (@nypost) November 22, 2020
In Fresno, dozens of people gathered at the River Park Shopping Center to protest the recent curfew restrictions. A protester told ABC 30 that the curfew will not make a difference in keeping people safe and is only going to hurt small businesses. The woman said:
“Look at the businesses across the state. It’s very hard for small businesses, especially in this state. I just think it’s ridiculous. They’re going about this all the wrong way.”
ABC 30 also reported that several law enforcement agencies across the valley, including the Fresno County Sheriff’s Department, will not be policing or citing individuals who break the state’s latest curfew order.
Officials in Los Angeles County, the state’s largest population with about 10 million people, recently announced that all dining at restaurants, bars, and wineries will be halted beginning on Wednesday, November 25th.
In response, a protest was held outside Los Angeles Mayor Eric Garcetti’s official residence, in a demonstration bill called, “Curfew Protest Block Party: No More Lockdown.” According to city officials, the new restrictions will last for three weeks.
BREAKING: L.A. County announces they will restrict all dining (outdoor included) at restaurants, bars, wineries, and breweries beginning Wednesday at 10pm. Our 5 day case average has now crossed 4,000. If things get worse, we will return to a March style lockdown. @FOXLA pic.twitter.com/YepxeBUe4N
— Bill Melugin (@BillFOXLA) November 22, 2020
During the next three weeks, the establishments can only offer take-out, drive thru, and/or delivery services. Wineries and breweries will be allowed to continue their retail operations, provided they adhere to current protocols.
During one of the weekend protests in San Clemente, Syndie Ly, who helped organize the protest said:
“Governor Newsom’s sweeping edicts by moving 95 percent of California to purple tier and a curfew is an abuse of power. We are all responsible adults so we can make our individual choices.”
She added:
“This movement is about us rising up for our freedom and against Governor Newsom’s overreaching edicts.”
LISTEN: @Kevin_Faulconer responds after hundreds of people gathered in Southern California to protest the new curfew imposed by Governor Gavin Newsom to combat the rise in COVID-19 cases #nine2noon pic.twitter.com/CDUXJzQ6GE
— America’s Newsroom (@AmericaNewsroom) November 23, 2020
Nancy Vu-Kerr, who took part in the Huntington Beach protest said:
“This is tyrannical and government overreach on behalf of Gavin Newsom and other Democrat governors. The American people, as well as citizens of other countries need to stand up against this.”
She added:
“Our freedoms are truly at risk and all we need to do is look at the history of my mother country of Vietnam and other countries of Venezuela, Cuba, Iran, and others.”
Still going strong here in Huntington Beach, CA protesting Newsom’s “curfew.” 🇺🇸 pic.twitter.com/raCzuQkqNY
— Trevor 🇺🇸 (@SoCal4Trump) November 22, 2020
Russ Taylor, who helped organize the protests, said that the bottom line is freedom. He said:
“We, as citizens, should be responsible, but we shouldn’t be so fearful that we line in a bubble and lose our personal liberties.”
Rick Brown, who just finished running the successful campaign of Tito Ortiz for Huntington Beach City Council said that people are fed up. He said:
“The event last night was over 1,000 patriots pushing back against the undeclared ‘martial law’ coming from Gavin Newsom, who had the audacity to declare all Californians be indoors by 10 p.m. Well guess what? We will NOT play in his sandbox anymore.”
Push Back in CA!
‘Curfew Breakers’ Protest In Huntington Beach California pic.twitter.com/wBbxb0ER91
— Nashville Tea Party (@NashvilleTea) November 22, 2020
“Curfew Crashers” protests were planning in San Clemente, Yorba Linda, Huntington Beach, Riverside, Temecula, Brentwood, Santa Barbara, Santa Cruz, Patterson, Redlands, Sacramento, San Diego, La Quinta, and Beverly Hills. The flyers for each protest said:
“If you are a free American join us for a clear act of defiance against Newsom’s 10 p.m. stay at home order.”
Every county in the LA region has said that they will not enforce the curfew. The curfew applies to 41 of the state’s 58 counties that are in the “purple” tier. Those counties encompass 94 percent of the nearly 40 million people living in the most populous U.S. state.
November 20th, 2020
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.
SHERIFFS SAY NO: Some California Police Officials Say They Won’t Enforce Newsom’s 10PM Curfew https://t.co/O9qqGteCRf
— Sean Hannity (@seanhannity) November 20, 2020
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.
JUST IN: A statewide curfew will soon go into effect in California amid a surge in coronavirus cases, according to multiple sources expecting the announcement from state leaders Thursday. https://t.co/PI7WaRJoiA pic.twitter.com/FUMJ3wcgkh
— FOX 5 San Diego (@fox5sandiego) November 19, 2020
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.”
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 @FOXLA
— Bill Melugin (@BillFOXLA) November 20, 2020
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.”
We’ve heard from the Sheriffs, we are now starting to hear from from city police departments about the curfew. Ontario and Laguna Beach PDs say they will NOT actively enforce the order, seeking voluntary compliance. Costa Mesa and Irvine PDs WILL take part in enforcement. @FOXLA
— Bill Melugin (@BillFOXLA) November 20, 2020
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?
The PAC 12 is having to adjust kickoff times because of the California curfew. I need police to show up and start arresting players and coaches in the 4th quarter for violating the curfew like I need air. All curfews would end immediately if this happened on live TV.
— Clay Travis (@ClayTravis) November 20, 2020
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.
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.”
“The governor does not have the power or authority to assume the Legislature’s role of creating legislative policy and enactments,” Judge Sarah Heckman wrote. https://t.co/ODlsdZOvEM
— The Sacramento Bee (@sacbee_news) November 3, 2020
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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