case 2:20-cv-01431-kjm-dmc document 1 filed 07/15/20 page 1 … · 6 hours ago · 2 . verified...

1 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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Robert H. Tyler, Esq., CA Bar No. 179572 [email protected] Nada N. Higuera, Esq. CA Bar No. 299819 [email protected] TYLER & BURSCH, LLP 25026 Las Brisas Road Murrieta, California 92562 Tel: (951) 600-2733 Fax: (951) 600-4996 Jay Alan Sekulow* [email protected] Jordan Sekulow* [email protected] AMERICAN CENTER FOR LAW & JUSTICE 201 Maryland Avenue, N.E. Washington, DC 20002 Tel: (202) 546-8890 Fax: (202) 546-9309 Dean R. Broyles, Esq., CA Bar No. 179535 [email protected] NATIONAL CENTER FOR LAW & POLICY

539 West Grand Avenue Escondido, California 92025 Tel: (760) 747-4529 Fax: (760) 747-4505

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

REDDING OFFICE

CALVARY CHAPEL OF UKIAH, a California Non-Profit Corporation; CALVARY CHAPEL FORT BRAGG, a California Non-Profit Corporation; and

Case No.: VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE

Case 2:20-cv-01431-KJM-DMC Document 1 Filed 07/15/20 of 20

mailto:[email protected]






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RIVER OF LIFE CHURCH, a California Non-Profit Corporation,

Plaintiffs,

vs.

GAVIN NEWSOM, in his official capacity as Governor of California; SONIA ANGELL, M.D., in her official capacity as California Public Health Officer; NOEMI DOOHAM, M.D., in her official capacity as Public Health Officer, Mendocino County; and NGOC-PHUONG LUU, M.D., in her official capacity as Butte County Public Health Officer,

Defendants.

RELIEF

INTRODUCTION

1. This Action presents facial and as applied challenges to Defendants’ GAVIN NEWSOM, SONIA ANGELL, M.D., NOEMI DOOHAM, M.D., and NGOC-PHUONG LUU’s (collectively, “Defendants”) ban on singing and chanting activities (“Worship Ban”) in places of worship while permitting the same activities in all other similarly situated indoor uses within the counties where Plaintiffs are located.

2. This Worship Ban and Defendants’ enforcement violates Plaintiffs’ CALVARY CHAPEL OF UKIAH, CALVARY CHAPEL FORT BRAGG, and RIVER OF LIFE CHURCH’S (collectively, “Plaintiffs”) constitutional rights under the First and Fourteenth Amendments to the United States Constitution.

PARTIES – PLAINTIFFS 3. Plaintiff CALVARY CHAPEL OF UKIAH (“Calvary Ukiah”) is a

California non-profit corporation, organized exclusively for religious purposes. Calvary Ukiah is a Christian Church located in Ukiah, Mendocino County, California.



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4. Plaintiff CALVARY CHAPEL FORT BRAGG (“Calvary Fort Bragg”) is a California non-profit corporation, organized exclusively for religious purposes. Calvary Fort Bragg is located in Fort Bragg, Mendocino County, California.

5. Plaintiff RIVER OF LIFE CHURCH (“River of Life”) is a California non-profit corporation, organized exclusively for religious purposes. River of Life is located in Oroville, Butte County, California.

PARTIES – DEFENDANTS 6. Defendant GAVIN NEWSOM (“Newsom”) is the Governor of the State of

California and is sued in his official capacity only. The California Constitution vests the “supreme executive power of the State” in the governor, who “shall see that the law is faithfully executed.” Cal. Const. Art. V, §1.

7. On or about March 19, 2020, Newsom issued Executive Order N-33-20 which required Californians to follow the directives issued by the California Public Health Officer.

8. Defendant SONIA ANGELL, M.D. (“Dr. Angell”) is the California Public Health Officer. She is sued in her official capacity only. Under the authority of the March 19, 2020 Executive Order N-33-20, Dr. Angell created the “COVID-19 INDUSTRY GUIDANCE: Places of Worship and Providers of Religious Services and Cultural Ceremonies” on behalf of the California Department of Public Health (hereinafter, “Worship Guidance”). A true and correct copy of the Worship Guidance is attached hereto as Exhibit A.1 The Worship Guidance includes the Worship Ban.

9. Defendant NOEMI DOOHAM, M.D. (“Dr. Dooham”) is the Public Health Officer for Mendocino County, California. She is sued in her official capacity only. She is responsible for enforcing the Worship Guidance and observing all orders of the State Public Health Officer and all statutes relating to public health, including the Worship Ban.

1 As of the date of this filing, the Worship Guidance may also be found online at the following URL: https://files.covid19.ca.gov/pdf/guidance-places-of-worship.pdf.


https://files.covid19.ca.gov/pdf/guidance-places-of-worship.pdf


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10. Defendant and NGOC-PHUONG LUU, M.D. (“Dr. Luu”) is the Public Health Officer for Butte County, California. She is sued in her official capacity only. She is responsible for enforcing the Worship Guidance and observing all orders of the State Public Health Officer and all statutes relating to public health, including the Worship Ban.

JURISDICTION AND VENUE 11. This civil rights action raises federal questions under the United States

Constitution, specifically the First and Fourteenth Amendments, and under federal law, particularly 42 U.S.C. § 1983.

12. This Court has subject matter jurisdiction over the federal claims pursuant to 28 U.S.C. §§ 1331 and 1343.

13. This Court has authority to grant the requested declaratory relief under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, implemented through Rule 57 of the Federal Rules of Civil Procedure. This Court is also authorized to grant injunctive relief and damages under 28 U.S.C. § 1343, pursuant to Rule 65 of the Federal Rules of Civil Procedure, and reasonable attorney’s fees and costs under 42 U.S.C. § 1988.

14. Venue is proper in this Court under 28 U.S.C. § 1391(b)(1)–(2) because all Defendants are situated in this judicial district or reside in the State of California in which this judicial district is located, and a substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in this district.

FACTUAL BACKGROUND A. State and County Orders

15. On or about March 4, 2020, Newsom declared a State Emergency because of the threat of COVID-19.2

16. On or about March 19, 2020, Newsom issued Executive Order N-33-20 (“State Order”), which prohibited all in-person worship services in California for an

2 As of the date of this filing, the Proclamation of a State of Emergency may be found online at the following URL: https://www.gov.ca.gov/wp-content/uploads/2020/03/3.4.20-Coronavirus-SOE-Proclamation.pdf.


https://www.gov.ca.gov/wp-content/uploads/2020/03/3.4.20-Coronavirus-SOE-Proclamation.pdf


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indefinite period until the threat of the pandemic has subsided as determined exclusively by Newsom. A true and correct copy of this Executive Order is attached as Exhibit B.

17. On or about May 25, 2020, Newsom announced the re-opening of places of worship in California. This was accomplished by the California Department of Public Health issuing initial guidance for places of worship to support a safe, clean environment for staff and congregants.

18. On or about July 1, 2020, the California Department of Public Health updated its Worship Guidance to include the Worship Ban. Specifically, the Worship Ban mandates that places of worship “must therefore discontinue singing and chanting.” Exhibit A.

19. On or about July 11, 2020, a spokeswoman for California’s Office of Emergency Services, Ali Bay, confirmed that the Worship Ban “must be followed,” reiterating that it “has the same authority as all of California Department of Public Health’s other guidance, directives, and orders, which the governor has ordered residents to heed.”3

20. On or about July 13, 2020, Newsom issued yet another order governing indoor operations. Under this most recent order, worship services, together with protests, fitness centers, offices for non-essential actors and personal care services, as well as day camps, hotels, shopping malls, childcare centers, schools, or music, tv and film production are permitted to remain open in the counties in which Plaintiffs are located. However, singing and chanting is only banned in worship services. Such activities are still permissible for all other indoor activities, including protests. A true and correct copy of this July 13, 2020 Order is attached as Exhibit C.4

21. On July 13, 2020, the Mendocino County Department of Public Health issued an order which incorporates the Worship Ban. A true and correct copy of this order is attached as Exhibit D.

3 Don Thompson, Church Singing Ban Strikes Sour Note With California Pastor (July 11, 2020), https://www.nbcbayarea.com/news/california/church-singing-ban-strikes-sour-note-with-california-pastor/2324470/. 4 As of the date of this filing, Governor Newsom’s July 13, 2020 order may also be found online at the following URL: https://covid19.ca.gov/roadmap-counties/.


https://www.nbcbayarea.com/news/california/church-singing-ban-strikes-sour-note-with-california-pastor/2324470/

https://covid19.ca.gov/roadmap-counties/


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22. Failure to comply with the Mendocino County Order “constitutes an imminent threat to public health and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.” Exhibit D.

23. Butte County Department of Public Health has also directed all residents to abide by all State guidance, which includes the Worship Ban. B. Singing and Chanting Not Restricted in Secular Gatherings

24. The singing and chanting ban is only applicable to places of worship. 25. On or about July 1, 2020, at the time Defendants announced the new

Worship Ban prohibiting singing and chanting in places of worship, all dine-in restaurants/bars/wineries, casinos, family entertainment centers, day camps, hotels, shopping malls, childcare centers, schools, or music, tv and film production remained open and were not subject to the ban on singing or chanting.5

26. Following Newsom’s more recent order issued on or about July 13, 2020, worship services, together with protests, fitness centers, offices for non-essential actors and personal care services, as well as day camps, hotels, shopping malls, childcare centers, schools, and music, tv and film production are permitted to remain open in the counties in which Plaintiffs are located. Singing and chanting, however, is only banned in places of worship.

27. Despite the ongoing and even increasing restrictions on the protected First Amendment rights to freely assemble and engage in religious exercise as it relates to

5 As of the date of this filing, the California guidance for each listed category, respectively, may be assessed online at the following URLs: Restaurants/bars/wineries: https://files.covid19.ca.gov/pdf/guidance-restaurants-bars.pdf Casinos: https://files.covid19.ca.gov/pdf/guidance-casinos.pdf Family entertainment centers: https://files.covid19.ca.gov/pdf/guidance-family-entertainment.pdf Day camps: https://files.covid19.ca.gov/pdf/guidance-daycamps.pdf Hotels: https://files.covid19.ca.gov/pf/guidance-hotels.pdf Shopping malls: https://files.covid19.ca.gov/pdf/guidance-shopping-centers.pdf Childcare centers: https://files.covid19.ca.gov/pdf/guidance-childcare--en.pdf Schools: https://files.covid19.ca.gov/pdf/guidance-schools.pdf Music, tv and film production: per https://covid19.ca.gov/industry-guidance/#top, music, tv and film production is only subject to “Office and Workspace” guidelines: https://files.covid19.ca.gov/pdf/guidance-office-workspaces.pdf.


https://files.covid19.ca.gov/pdf/guidance-restaurants-bars.pdf

https://files.covid19.ca.gov/pdf/guidance-casinos.pdf

https://files.covid19.ca.gov/pdf/guidance-family-entertainment.pdf

https://files.covid19.ca.gov/pdf/guidance-daycamps.pdf

https://files.covid19.ca.gov/pdf/guidance-hotels.pdf

https://files.covid19.ca.gov/pdf/guidance-shopping-centers.pdf

https://files.covid19.ca.gov/pdf/guidance-childcare--en.pdf

https://files.covid19.ca.gov/pdf/guidance-schools.pdf

https://covid19.ca.gov/industry-guidance/#top

https://files.covid19.ca.gov/pdf/guidance-office-workspaces.pdf


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places of worship, Newsom has been unwavering in his support of massive protests in California.

28. On or about May 30, 2020, Newsom tweeted that “millions of people are lifting their voices in anger -- rightfully outraged at the systemic racism that persists in America.” A true and correct copy of Newsom’s relevant tweets are attached as Exhibit E.

29. On or about May 30, 2020, Newsom also issued a written statement explaining the following: “I want to thank all those who helped protect human life last night and today – from community members who exercised their right to protest peacefully and encouraged others to do the same, to the law enforcement officers who faced what were, at times, challenging conditions.” A true and correct copy of this statement is attached as Exhibit F.

30. On or about June 1, 2020, Governor Newsom stated the following during a press conference: “For those of you out there protesting, I want you to know that you matter. To those who want to express themselves… God bless you. Keep doing it. Your rage is real.”6

31. On or about June 5, 2020, Newsom tweeted that “protestors have the right to protest peacefully” showing further support of mass protests. Exhibit E.

32. On or about June 19, 2020, Newsom promoted, by retweeting pictures, the gathering of hundreds of people to paint Black Lives Matter street art in front of City Hall. Exhibit E.

33. On or about July 2, 2020, following implementation of the Worship Ban, when asked to explain whether people should heed Newsom’s mandate and avoid large crowds and gatherings, Newsom refused to place the same restrictions on protestors and explained “we have a Constitution, we have a right to free speech,” and further stated that

6 Hannah Wiley, “Your rage is real,” Gavin Newsom Tells California Protesters (Published 2:55 p.m. PST, July 1, 2020), https://www.sacbee.com/news/politics-government/capitol-alert/article243173056.html.


https://www.sacbee.com/news/politics-government/capitol-alert/article243173056.html


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“we are all dealing with a moment in our nation‘s history that is profound and pronounced . . Do what you think is best. . .”7

34. On or about June 26, 2020, at a news conference, Dr. Angell admitted that people who attended protests have been affected by COVID: “We don’t have exact numbers, but we do know from speaking to our counties that it is a contributor. Of course, it is difficult to tease out exactly because at the same time, the people were going out for these protests, we were also seeing increased movement for other reasons.” Yet she did not condone or ban chanting at mass protests.8 C. The Religious Beliefs and Practices of Calvary Ukiah, Calvary Fort Bragg, and

River of Life 35. Plaintiffs are evangelical Christian churches committed to the teachings of

the Bible. 36. Plaintiffs believe the Bible is God’s Word to all people. It is written by

human authors under the supernatural guidance of the Holy Spirit. Because it was inspired by God, the Bible is truth without error and is completely relevant to our daily lives.

37. According to sincerely held religious beliefs and the commands of the Bible, Plaintiffs hold weekly worship services that consist of various forms of worship including singing, prayer, recitation of scripture, and a sermon preached by the pastor.

38. Singing and praying aloud as a body of Christ is an integral part of worship for believers and Plaintiffs. The book of Ephesians in the Bible commands that Plaintiffs “[b]e imitators of God,” and “live a life of love, just as Christ loved us . . . be filled with the Holy Spirit. Speak to one another with psalms, hymns and spiritual songs. Sing and make music in your heart to the Lord, always giving thanks to God the Father for everything.” Ephesians 5:1-2, 18-20.

7 Eric Ting, Gavin Newsom asked to reconcile support for protests with new warnings on gatherings (Published 1:50 p.m. PDT, July 2, 2020), https://www.sfgate.com/politics/article/Gavin-Newsom-protests-coronavirus-July-Fourth-ask-15383112.php. 8 Cheri Mossburg, Recent protests have contributed to California's coronavirus case increase, state official says (Published 4:48 p.m. ET, June 26, 2020), https://edition.cnn.com/world/live-news/coronavirus-pandemic-06-26-20-intl/h_b3a9aa753b4c05ea71479065f58bf534.


https://www.sfgate.com/politics/article/Gavin-Newsom-protests-coronavirus-July-Fourth-ask-15383112.php

https://www.sfgate.com/politics/article/Gavin-Newsom-protests-coronavirus-July-Fourth-ask-15383112.php

https://edition.cnn.com/world/live-news/coronavirus-pandemic-06-26-20-intl/h_b3a9aa753b4c05ea71479065f58bf534

https://edition.cnn.com/world/live-news/coronavirus-pandemic-06-26-20-intl/h_b3a9aa753b4c05ea71479065f58bf534


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39. The Psalms in the Bible emphasize the importance of singing and worship. Psalm 89:1 says, “I will sing of the Lord’s great love forever; with my mouth I will make your faithfulness known through all generations.” Psalms 9:1 says, I will give thanks to you, Lord, with all my heart . . . I will be glad and rejoice in you; I will sing the praises of your name, O Most High.” Psalm 95 speaks of the importance and necessity of singing together, as a body of Christ: “Come, let us sing for joy to the Lord; let us shout aloud to the Rock of our salvation. Let us come before him with thanksgiving and extol him with music and song.”

40. According to these sincerely held religious beliefs, Calvary Ukiah holds weekly worship services, which include singing and chanting, every Sunday at 10:00 A.M. at its sanctuary located at 140 N. Spring Street Ukiah, CA 95482.

41. According to these sincerely held religious beliefs, Calvary Fort Bragg holds weekly worship services, which include singing and chanting, every Sunday at 10:00 A.M. and 6:30 P.M. and every Wednesday at 7:00 P.M.

42. According to these sincerely held religious beliefs, River of Life holds weekly worship services, which include singing and chanting, every Sunday at 10:00 A.M.

43. To prohibit group singing and chanting is to effectively prohibit corporate Christian worship.

FIRST CAUSE OF ACTION THE WORSHIP BAN VIOLATES PLAINTIFFS’ RIGHT TO FREE EXERCISE

OF RELIGION UNDER THE FIRST AMENDMENT TO THE U.S. CONSTITUTION

(By all Plaintiffs against Newsom & Dr. Angell; By Calvary Ukiah and Calvary Fort Bragg against Dr. Dooham;

By River of Life against Dr. Luu) 44. Plaintiffs incorporate by reference the allegations in paragraphs 1 through

43, as if fully set forth herein.



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45. The Free Exercise Clause of the First Amendment to the United States Constitution, as applied to the states by the Fourteenth Amendment, prohibits Defendants from abridging Plaintiffs’ right to free exercise of religion.

46. Plaintiffs have sincerely held religious beliefs, rooted in religious text, that singing and chanting are integral and required forms of worship.

47. The Worship Ban and Defendants’ enforcement, on its face and as applied, prohibits all signing and chanting in places of worship, even if Plaintiffs follow Center for Disease Control and Prevention and state guidelines for social distancing and mask wearing etc., which is a violation of Plaintiffs’ right to the free exercise of religion.

48. The Worship Ban, on its face and as applied, targets Plaintiffs’ sincerely held religious beliefs and practices.

49. The Worship Ban, on its face and as applied, impermissibly burdens Plaintiffs’ sincerely held religious beliefs, compel Plaintiffs to either change those beliefs or to act in contradiction to them, and force Plaintiffs to choose between the teachings and requirements of their sincerely held religious beliefs or the mandates in Defendants’ Worship Ban.

50. The Worship Ban, on its face and as applied, places Plaintiffs in an irresolvable conflict between compliance with the orders and adherence to their sincerely held religious beliefs.

51. The Worship Ban, on its face and as applied, puts substantial pressure on Plaintiffs to violate their sincerely held religious beliefs by ignoring the fundamental teachings and tenets of their religious texts including those tenets requiring singing and chanting.

52. The Worship Ban, on its face and as applied, is neither neutral nor generally applicable, but rather specifically and discriminatorily targets places of worship.

53. The Worship Ban, on its face and as applied, constitutes a substantial burden on Plaintiffs’ sincerely held religious beliefs as they are prevented from practicing the teachings of their religious texts.



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54. Defendants lack a compelling, legitimate, and rational interest in banning singing and chanting only in places of worship while allowing the same at similar secular gatherings and secular businesses.

55. Even if the Worship Ban were supported by a compelling interest, which it is not, the ban does not employ the least restrictive means to accomplish the government’s purported interest and is not narrowly tailored to that interest.

56. The Worship Ban fails to accommodate Plaintiffs’ sincerely held religious beliefs. Instead, the Worship Ban intentionally aims to frustrate Plaintiffs’ practices.

57. The Worship Ban specifically targets Plaintiffs’ sincerely held religious beliefs, and the Worship Ban sets up a system of individualized exemptions that permit other similarly situated businesses or gatherings to sing and chant while only prohibiting places of worship from singing and chanting in the counties where Plaintiffs are located.

58. The Worship Ban, on its face and as applied, constitutes a religious gerrymander. Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520, 534, (1993).

59. The Worship Ban, on its face and as applied, has caused, is causing, and will continue to cause Plaintiffs immediate and irreparable harm, and actual and undue hardship.

60. Plaintiffs have no adequate remedy at law to correct the continuing deprivation of their constitutional rights.

61. WHEREFORE, Plaintiffs respectfully pray for the relief against Defendants as hereinafter set forth in the prayer for relief. /// /// /// /// /// ///



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SECOND CAUSE OF ACTION THE WORSHIP BAN VIOLATES THE ESABLISHMENT CLAUSE OF THE

FIRST AMENDMENT OF THE U.S. CONSTITUTION (By all Plaintiffs against Newsom & Dr. Angell;

By Calvary Ukiah and Calvary Fort Bragg against Dr. Dooham; By River of Life against Dr. Luu)

62. Plaintiffs incorporate by reference the allegations in paragraphs 1 through 43 above, as if fully set forth herein.

63. The Worship Ban and Defendants’ enforcement violates the First Amendment, both facially and as applied to Plaintiffs. The Establishment Clause of the “First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion.” McCreary Cty., Ky. v. Am. Civil Liberties Union of Ky., 545 U.S. 844, 860 (2005) (citing Epperson v. Arkansas, 393 U.S. 97, 104 (1968)). The Establishment Clause applies to the states through the Due Process Clause of the Fourteenth Amendment. Everson v. Board of Ed. of Ewing, 330 U.S. 1 (1947).

64. The Worship Ban, as stated, advances no secular purpose especially where Center for Disease Control and Prevention and California guidelines for social distancing are being followed.

65. Defendants have made numerous exceptions to the Worship Ban, permitting similarly situated secular activities and allowing other secular businesses and gatherings to engage in singing and chanting.

66. The Worship Ban has the primary effect of inhibiting religious activity. 67. Defendants have failed to avoid excessive government entanglement with

religion. Defendants permit only some forms of religious observance, such as silent prayer and at-home religious activities.

68. There is no historical precedent in the United States for inhibiting religious practices on terms more restrictive than those imposed on identical secular activities, as Defendants do now.



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69. The Worship Ban is impermissibly hostile toward religion. 70. The Worship Ban invades Plaintiffs’ constitutional right to autonomy and

against unlawful governmental invasion or direction of religious practices. 71. The Worship Ban, on its face and as applied, has caused, is causing, and will

continue to cause Plaintiffs immediate and irreparable harm, and actual and undue hardship.


73. WHEREFORE, Plaintiffs respectfully pray for the relief against Defendants as hereinafter set forth in the prayer for relief.

THIRD CAUSE OF ACTION THE WORSHIP BAN VIOLATES PLAINTIFFS’ RIGHT TO FREEDOM OF

SPEECH UNDER THE FIRST AMENDMENT TO THE U.S. CONSTITUTION (By all Plaintiffs against Newsom & Dr. Angell;

By Calvary Ukiah and Calvary Fort Bragg against Dr. Dooham; By River of Life against Dr. Luu)

74. Plaintiffs incorporate by reference the allegations in paragraphs 1 through 43 above, as if fully set forth herein.

75. The Worship Ban and Defendants’ enforcement violates the right to Freedom of Speech under the First Amendment, both facially and as applied to Plaintiffs.

76. Plaintiffs engage in protected speech at their respective places of worship through singing religious songs and hymns and chanting prayers and religious text.

77. Defendants’ imposition of the Worship Ban is unreasonable and has a chilling effect on protected speech by outright banning singing and chanting in places of worship even where Center for Disease Control and Prevention and California guidelines for social distancing are being followed, under threat of criminal penalty, including fines and imprisonment.



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78. The Worship Ban is unconstitutionally overbroad, and therefore void as a matter of law, both of its face and as applied.

79. The Worship Ban, on its face and as applied, has caused, is causing, and will continue to cause Plaintiffs’ immediate and irreparable harm, and actual and undue hardship.



FOURTH CAUSE OF ACTION THE WORSHIP BAN VIOLATES PLAINTIFFS’ RIGHT TO EQUAL

PROTECTION UNDER THE FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION

(By all Plaintiffs against Newsom & Dr. Angell; By Calvary Ukiah and Calvary Fort Bragg against Dr. Dooham;

By River of Life against Dr. Luu) 82. Plaintiffs incorporate by reference the allegations in paragraphs 1 through

43 above, as if fully set forth herein. 83. The Worship Ban and Defendants’ enforcement violates the Fourteenth

Amendment, both facially and as applied to Plaintiffs. The Fourteenth Amendment of the Constitution provides that “[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” Equal protection requires the state to govern impartially—not draw arbitrary distinctions between individuals based solely on differences that are irrelevant to a legitimate governmental objection.

84. The Worship Ban intentionally and arbitrarily bans singing and chanting only in places of worship. Singing and chanting is not restricted at protests, fitness centers, offices for non-essential actors and personal care services fitness centers, day



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camps, hotels, shopping malls, childcare centers, schools, or music, tv and film production in the counties where Plaintiffs are located.

85. Strict scrutiny under the Equal Protection Clause applies where, as here, the classification impinges on a fundamental right, including the right to practice religion freely and the right to free speech.

86. Strict scrutiny applies to the Worship Ban because it mandates that Plaintiffs refrain from singing and chanting in places of worship, impinging on their fundamental rights to freedom of religion and speech. The Worship Ban does not permit Plaintiffs to exercise these rights, even while conforming to Center for Disease Control and Prevention and California guidelines for social distancing.

87. The Worship Ban is not “narrowly tailored” to further any compelling governmental interest. Defendants allow singing and chanting at every secular location. Since singing and chanting are allowed at other secular gatherings, for example, public protests, Defendants must therefore permit Plaintiffs to engage in equivalent constitutionally-protected activities.



PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for relief as follows: A. That this Court issue a Temporary Restraining Order, Preliminary

Injunction, and a Permanent Injunction enjoining Defendants, Defendants’ officers, agents, employees, attorneys, and all other persons acting in concert or participation with them, from enforcing the Worship Ban and the County Orders enforcing the Worship Ban;



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B. That this Court render a Declaratory Judgment declaring that the Worship Ban, on its face and as applied, is unconstitutional under the First and Fourteenth Amendments of United States Constitution;

C. That this Court award Plaintiffs nominal damages against County Defendants for the violation of Plaintiffs’ constitutional rights;

D. That this Court adjudge, decree, and declare the rights and other legal relations within the subject matter here in controversy so that such declaration shall have the full force and effect of final judgment;

E. That this Court retain jurisdiction over the matter for the purposes of enforcing this Court’s order;

F. That this Court declare Plaintiffs are a prevailing party and award Plaintiffs the reasonable costs and expenses of this action, including reasonably attorney’s fees in accordance with 42 U.S.C. §1988; and

G. That this Court grant such other and further relief as this Court deems equitable and just under the circumstances.

Respectfully submitted,

TYLER & BURSCH, LLP

Dated: July 15, 2020 /s/ Robert H. Tyler, Esq. Robert H. Tyler Attorney for Plaintiffs AMERICAN CENTER FOR LAW & JUSTICE

Dated: July 15, 2020 Jay Alan Sekulow* Jordan Sekulow* 201 Maryland Avenue, N.E. Washington, DC 20002 Telephone: (202) 546-8890 Facsimile: (202) 546-9309



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[email protected] [email protected] Edward L. White III* Erik M. Zimmerman* 3001 Plymouth Road, Suite 203 Ann Arbor, Michigan 48105 Tel. 734-680-8007 Fax. 734-680-8006 [email protected] [email protected]

Abigail A. Southerland* 625 Bakers Bridge Ave., Suite 105-121 Franklin, Tennessee 37067 Tel. 615-599-5572 Fax: 615-599-5180 [email protected] Attorneys for Plaintiffs

* Pro hac vice application forthcoming NATIONAL CENTER FOR LAW & POLICY

Dated: July 15, 2020 /s/ Dean R. Broyles, Esq. Dean R. Broyles Attorney for Plaintiffs







VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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VERIFICATION OF COMPLAINT On behalf of CALVARY CHAPEL OF UKIAH, I, Pastor Les Boek, declare as

follows: 1. I am a party to this action. 2. I have read the foregoing complaint and know of the contents thereof. 3. Based on my own knowledge, the contents of paragraphs 3, 35-40, and 43

of the foregoing complaint are true and correct. I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct. Executed on July 15, 2020, at Ukiah, California. /s/ Les Boek *

Pastor Les Boek Calvary Chapel Ukiah

*original signature retained by attorney Robert Tyler



1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

VERIFICATION OF COMPLAINT

On behalf of CALVARY CHAPEL FORT BRAGG, I, Kevin Green, declare as follows:

1. I am a party to this action. 2. I have read the foregoing complaint and know of the contents thereof. 3. Based on my own knowledge, the contents of paragraphs 4, 35-39, 41, and

43 of the foregoing complaint are true and correct. I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct. Executed on July 15, 2020, at Fort Bragg, California.

/s/ Kevin Green*

Kevin Green Calvary Chapel Fort Bragg




1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

VERIFICATION OF COMPLAINT On behalf of RIVER OF LIFE CHURCH, I, Pastor Scott Thomson, declare as

follows: 1. I am a party to this action. 2. I have read the foregoing complaint and know of the contents thereof. 3. Based on my own knowledge, the contents of paragraphs 5, 35-39, and 42-

43 of the foregoing complaint are true and correct. I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct. Executed on July 15, 2020, at Oroville, California. /s/ Scott Thomson*

Pastor Scott Thomson River of Life Church



EXHIBIT “A”

Case 2:20-cv-01431-KJM-DMC Document 1-1 Filed 07/15/20 Page 1 of 15

COVID-19

INDUSTRY

GUIDANCE:

Places of Worship

and Providers of

Religious Services

and Cultural

Ceremonies

July 1, 2020

covid19.ca.gov

~~ •'~,~Etl 7 PublicHealth

m ::~~ DEPARTMENT OF INDUSTRIAL RELATIONS

CALIFORNIA

ALL Your Actions Save Lives

cov1d19<oqov


OVERVIEW On March 19, 2020, the State Public Health Officer and Director of the California

Department of Public Health issued an order requiring most Californians to stay at

home to disrupt the spread of COVID-19 among the population.

The impact of COVID-19 on the health of Californians is not yet fully known. Reported

illness ranges from very mild (some people have no symptoms) to severe illness that

may result in death. Certain groups, including people aged 65 or older and those with

serious underlying medical conditions, such as heart or lung disease or diabetes, are

at higher risk of hospitalization and serious complications. Transmission is most likely

when people are in close contact or in a poorly ventilated area with an infected

person, even if that person does not have any symptoms or has not yet developed

symptoms.

Precise information about the number and rates of COVID-19 by industry or

occupational groups, including among critical infrastructure workers, is not available

at this time. There have been multiple outbreaks in a range of workplaces, indicating

that workers are at risk of acquiring or transmitting COVID-19 infection. Examples of

these workplaces include places of worship, hospitals, long-term care facilities,

prisons, food production, warehouses, meat processing plants, and grocery stores.

As stay-at-home orders are modified, it is essential that all possible steps be taken

to ensure the safety of workers and the public.

Key prevention practices include:

✓ physical distancing to the maximum extent possible,

✓ use of face coverings by workers and volunteers (where respiratory protection

is not required) and congregants/visitors,

✓ frequent handwashing and regular cleaning and disinfection,

✓ training workers and volunteers on these and other elements of the COVID-19

prevention plan.

In addition, it will be critical to have in place appropriate processes to identify new

cases of illness in workplaces and, when they are identified, to intervene quickly and

work with public health authorities to halt the spread of the virus.

PURPOSE This document provides guidance for places of worship and providers of religious

services and cultural ceremonies (referred to collectively as “places of worship”)

to support a safe, clean environment for workers, interns and trainees, volunteers,

scholars, and all other types of workers as well as congregants, worshippers,

visitors, etc. (referred to collectively as “visitors” or “congregants”). This guidance

does not obligate places of worship to resume in-person activity. Further, it is

strongly recommended that places of worship continue to facilitate remote


services and other related activities for those who are vulnerable to COVID-19

including older adults and those with co-morbidities.

Even with adherence to physical distancing, convening in a congregational setting

of multiple different households to practice a personal faith carries a relatively higher

risk for widespread transmission of the COVID-19 virus, and may result in increased

rates of infection, hospitalization, and death, especially among more vulnerable

populations. In particular, activities such as singing and chanting negate the risk-

reduction achieved through six feet of physical distancing.

*Places of worship must therefore discontinue singing and chanting activities and limit

indoor attendance to 25% of building capacity or a maximum of 100 attendees,

whichever is lower. Local Health Officers are advised to consider appropriate

limitations on outdoor attendance capacities, factoring their jurisdiction's key COVID-

19 health indicators. At a minimum, outdoor attendance should be limited naturally

through implementation of strict physical distancing measures of a minimum of six

feet between attendees from different households, in addition to other relevant

protocols within this document.

This revised limitation will be subject to regular review by the California Department

of Public Health in consultation with local Departments of Public Health to assess the

impact of these imposed limits on public health and provide further direction as

part of a phased-in restoration of activities in places of worship.

NOTE: This guidance is not intended for food preparation and service, delivery

of items to those in need, childcare and daycare services, school and

educational activities, in-home caregiving, counseling, office work, and other

activities that places and organizations of worship may provide. Organizations

that perform these activities must follow applicable guidance on the COVID-19

Resilience Roadmap website.

The guidance is not intended to revoke or repeal any worker rights, either statutory,

regulatory or collectively bargained, and is not exhaustive, as it does not include

county health orders, nor is it a substitute for any existing safety and health-related

regulatory requirements such as those of Cal/OSHA.1 Stay current on changes to

public health guidance and state/local orders, as the COVID-19 situation continues.

Cal/OSHA has more safety and health guidance on their Cal/OSHA Guidance on

Requirements to Protect Workers from Coronavirus webpage. The CDC has additional

guidance for community- and faith-based organizations.

Required Use of Face Coverings

On June 18, CDPH issued Guidance on the Use of Face Coverings, which broadly

requires the use of face coverings for both members of the public and workers in all

public and workplace settings where there is a high risk of exposure.

People in California must wear face coverings when they are engaged in work,


https://covid19.ca.gov/roadmap/



https://www.dir.ca.gov/dosh/coronavirus/General-Industry.html



https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/guidance-community-faith-organizations.html


https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Guidance-for-Face-Coverings_06-18-2020.pdf

whether at the workplace or performing work off-site, when:

• Interacting in-person with any member of the public;

• Working in any space visited by members of the public, regardless of whether

anyone from the public is present at the time;

• Working in any space where food is prepared or packaged for sale or

distribution to others;

• Working in or walking through common areas, such as hallways, stairways,

elevators, and parking facilities;

• In any room or enclosed area where other people (except for members of the

person’s own household or residence) are present when unable to physically

distance;

• Driving or operating any public transportation or paratransit vehicle, taxi, or

private car service or ride-sharing vehicle when passengers are present. When

no passengers are present, face coverings are strongly recommended.

Complete details, including all requirements and exemptions to these rules, can be

found in the guidance. Face coverings are strongly encouraged in other

circumstances, and employers can implement additional face covering

requirements in fulfilling their obligation to provide workers with a safe and healthful

workplace. Employers should provide face coverings to workers or reimburse workers

for the reasonable cost of obtaining them.

Employers should develop an accommodation policy for any worker who meets one

of the exemptions from wearing a face covering. If a worker who would otherwise be

required to wear a face covering because of frequent contact with others cannot

wear one due to a medical condition, they should be provided with a non-restrictive

alternative, such as a face shield with a drape attached to the bottom edge, if

feasible, and if the medical condition permits it.

Businesses that are open to the public should be cognizant of the exemptions to

wearing face coverings in the CDPH Face Covering Guidance and may not exclude

any member of the public for not wearing a face covering if that person is complying

with the guidance. Businesses will need to develop policies for handling these

exemptions among customers, clients, visitors, and workers.





Workplace Specific Plan

• Establish a written, workplace-specific COVID-19 prevention plan at every

location, perform a comprehensive risk assessment of all work areas and

all work tasks, and designate a person at each workplace to implement

the plan.

• Incorporate the CDPH Face Covering Guidance into the Workplace

Specific Plan and include a policy for handling exemptions.

• Identify contact information for the local health department where the

workplace is located for communicating information about COVID-19

outbreaks among workers and congregants/visitors.

• Train and communicate with workers and worker representatives on the

plan and make the plan available to workers and their representatives.

• Regularly evaluate workplaces for compliance with the plan and

document and correct deficiencies identified.

• Investigate any COVID-19 illness and determine if any work-related

factors could have contributed to risk of infection. Update the plan as

needed to prevent further cases.

• Implement the necessary processes and protocols when a workplace

has an outbreak, in accordance with CDPH guidelines.

• Identify close contacts (within six feet for 15 minutes or more) of an

infected worker and take steps to isolate COVID-19 positive workers

and close contacts.

• Adhere to the guidelines below. Failure to do so could result in workplace

illnesses that may cause operations to be temporarily closed or limited.

Topics for Worker and Volunteer Training

• Information on COVID-19, how to prevent it from spreading, and which

underlying health conditions may make individuals more susceptible

to contracting the virus.

• Self-screening at home, including temperature and/or symptom checks

using CDC guidelines.

• The importance of not coming to work or participating in activities

o If a worker has symptoms of COVID-19 as described by the CDC,



https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Workplace-Outbreak-Employer-Guidance.aspx

https://www.cdc.gov/coronavirus/2019-ncov/index.html

https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html


such as a fever or chills, cough, shortness of breath or difficulty

breathing, fatigue, muscle or body aches, headache, new loss of

taste or smell, sore throat, congestion or runny nose, nausea,

vomiting, or diarrhea, OR

o If a worker was diagnosed with COVID-19 and has not yet been

released from isolation, OR

o If within the past 14 days, a worker has had contact with someone

who has been diagnosed with COVID-19 and is considered

potentially infectious (i.e. still on isolation).

• To return to work after a worker receives a COVID-19 diagnosis only if 10

days have passed since symptoms first appeared, their symptoms have

improved, and the worker has had no fevers (without the use of fever

reducing medications) for the last 72 hours. A worker without symptoms

who was diagnosed with COVID-19 can return to work only if 10 days

have passed since the date of the first positive COVID-19 test.

• To seek medical attention if their symptoms become severe, including

persistent pain or pressure in the chest, confusion, or bluish lips or face.

Updates and further details are available on CDC’s webpage.

• The importance of frequent handwashing with soap and water, including

scrubbing with soap for 20 seconds (or using hand sanitizer with at least

60% ethanol or 70% isopropanol when workers cannot get to a sink or

handwashing station, per CDC guidelines).

• The importance of physical distancing, both at work and off work time

(see Physical Distancing section below).

• Proper use of face coverings, including:

o Face coverings do not protect the wearer and are not personal

protective equipment (PPE).

o Face coverings can help protect people near the wearer, but do not

replace the need for physical distancing and frequent handwashing.

o Face coverings must cover the nose and mouth.

o Workers should wash or sanitize hands before and after using or

adjusting face coverings.

o Avoid touching the eyes, nose, and mouth.

o Face coverings must not be shared and should be washed or

discarded after each shift.

• Information contained in the CDPH Guidance for the Use of Face



https://www.cdc.gov/handwashing/hand-sanitizer-use.html


Coverings, which mandates the circumstances in which face

coverings must be worn and the exemptions, as well as any policies,

work rules, and practices the employer has adopted to ensure the

use of face coverings. Training should also include the employer’s

policies on how people who are exempted from wearing a face

covering will be handled.

• Ensure all types of workers including temporary, independent

contractors, and volunteer workers are also properly trained in

COVID-19 prevention policies and have necessary PPE. Discuss these

responsibilities ahead of time with organizations supplying temporary,

contract, and/or volunteer staff.

• Information on paid leave benefits the worker may be entitled to

receive that would make it financially easier to stay at home. See

additional information on government programs supporting sick leave

and worker’s compensation for COVID- 19, including worker’s sick

leave rights under the Families First Coronavirus Response Act and

worker’s rights to workers’ compensation benefits and presumption of

the work-relatedness of COVID-19 pursuant to the

Governor’s Executive Order N-62-20 while that Order is in effect.

Individual Control Measures and Screening

• Provide temperature and/or symptom screenings for all workers at the

beginning of their shift. Make sure the temperature/symptom screener

avoids close contact with workers to the extent possible.

• If requiring self-screening at home, which is an appropriate alternative to

providing it at the establishment, ensure that screening was performed

prior to the worker and/or volunteer leaving the home for their shift and

follows CDC guidelines, as described in the Topics for Worker Training

section above.

• Encourage workers and congregants/visitors who are sick or exhibiting

symptoms of COVID-19, or who have family members who are ill, to

stay home.

• Employers must provide and ensure workers and volunteers use all

required protective equipment, including eye protection and gloves,

where necessary.

• Places of worship should consider where disposable gloves use may be

helpful to supplement frequent handwashing or use of hand sanitizer;

examples are for workers who are screening others for symptoms or

handling commonly touched items. All workers and volunteers should

wear gloves when handling items contaminated by body fluids.



https://www.labor.ca.gov/coronavirus2019/#chart




https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

https://www.gov.ca.gov/wp-content/uploads/2020/05/5.6.20-EO-N-62-20-text.pdf

https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fsymptoms-testing%2Fsymptoms.html&data=02%7C01%7C%7C0e663c4f0cba4038919508d7f530e0d9%7C56b731a8a2ac4c32bf6b616810e913c6%7C1%7C0%7C637247462597521114&sdata=%2BFs3zTA%2BLulYN7LUIa%2F%2F41%2BfiWhX7yKYbv9ci6ognOw%3D&reserved=0

• Workers, volunteers, etc., should not enter the home or visit someone

who has tested positive for, exhibited symptoms of, or has been in

contact with someone infected with COVID-19 for an appropriate

waiting period as described by CDC guidelines.

• Places of worship must take reasonable measures, including posting

signage in strategic and highly-visible locations and in reservation

confirmations, to remind congregants and visitors that they must use face

coverings and practice physical distancing and should frequently wash

their hands with soap for at least 20 seconds, use hand sanitizer, and not

touch their face.

• Use social media, website, texts, email, newsletters, etc., to communicate

the steps being taken to protect congregants/visitors and workers so that

they are familiar with the policies (including to stay home if experiencing

symptoms or are at increased risk of becoming sick, face coverings,

physical distancing, handwashing and/or sanitizing, and cough

etiquette), before arriving at the facility. Workers and volunteers are

strongly encouraged to remind congregants/visitors of these practices

with announcements during services or on welcoming guests.

• Remind congregants and visitors in advance to bring a face

covering and make them available to anyone who arrives without

one, if possible.

• Congregants/visitors should be screened for temperature and/or

symptoms upon arrival to places of worship and asked to use hand

sanitizer.

Cleaning and Disinfecting Protocols

• Perform thorough cleaning of high traffic areas such as lobbies, halls,

chapels, meeting rooms, offices, libraries, and study areas and areas of

ingress and egress including stairways, stairwells, handrails, and elevator

controls. Frequently disinfect commonly used surfaces including

doorknobs, toilets, handwashing facilities, pulpits and podiums,

donation boxes or plates, altars, and pews and seating areas.

• Establish frequent cleaning and disinfection of personal work areas such

as desks and cubicles and supply the necessary cleaning products.

Provide time for workers to implement cleaning practices during their

shift. Cleaning assignments should be assigned during working hours as

part of the workers’ job duties.

• Discourage sharing items used in worship and services (such as prayer

books, cushions, prayer rugs, etc.) whenever possible and provide single-

use or digital copies or ask congregants/visitors to bring personal items


https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/quarantine-isolation.html

instead. Avoid sharing work equipment and supplies, such as phones,

office equipment, computers, etc., wherever possible. Never share PPE.

• Where such items must be shared, disinfect between shifts or uses,

whichever is more frequent, including the following: shared office

equipment (copiers, fax machines, printers, telephones, keyboards,

staplers, etc.) and shared worship items, etc., with a cleaner

appropriate for the surface.

• Ensure that sanitary facilities stay operational and stocked at all times

and provide additional soap, paper towels, and hand sanitizer when

needed. Consider more frequently cleaning and disinfecting

handwashing facilities that are used more often. Use signage to

reinforce handwashing.

• Disinfect microphones and stands, music stands, instruments and other

items on pulpits and podiums between each use. Consult equipment

manufacturers to determine appropriate disinfection steps,

particularly for soft, porous surfaces such as foam mufflers.

• Consider using disposable seat covers for congregants/visitors,

particularly on porous surfaces or where a facility has multiple daily

services. Discard and replace seat covers between each use. Provide

disposable or washable covers on pillows used as seating on floors and

change/wash them after each use.

• Install hand sanitizer dispensers, touchless whenever possible, at

entrances and contact areas such as meeting rooms, lobbies,

and elevator landings.

• When choosing disinfecting chemicals, establishments should use

products approved for use against COVID-19 on the Environmental

Protection Agency (EPA)-approved list and follow product instructions.

Use disinfectants labeled to be effective against emerging viral

pathogens, diluted household bleach solutions (5 tablespoons per gallon

of water), or alcohol solutions with at least 70% alcohol that are

appropriate for the surface. Provide workers training on the chemical

hazards, manufacturer’s directions, ventilation requirements, and

Cal/OSHA requirements for safe use. Workers and volunteers using

cleaners or disinfectants should wear gloves or other protective

equipment as required by the product instructions. Follow the asthma-

safer cleaning methods recommended by the California Department of

Public Health and ensure proper ventilation.

• Wash religious garments and linens after each service or event, at the

highest water setting possible. Ask congregants/visitors to bring their

own storage bags for personal garments and shoes. Workers,

congregants, and visitors should wear gloves when handling others’

dirty linens, shoes, etc.


https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2



https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/Pages/OHWMay2020.aspx

https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/Pages/OHWMay2020.aspx

• Discontinue passing offering plates and similar items that move between

people. Use alternative giving options such as secure drop boxes that do

not require opening/closing and can be cleaned and disinfected.

Consider implementing digital systems that allow congregants/visitors to

make touch-free offerings.

• Mark walking paths between spaces designated for congregants/visitors

to sit/kneel so that people do not walk where someone may touch their

head to the floor.

• During meetings and services, introduce fresh outside air, for example by

opening doors/windows (weather permitting) and operating ventilation

systems.

• Where possible, do not clean floors by sweeping or other methods

that can disperse pathogens into the air. Use a vacuum with a HEPA

filter wherever possible.

• Consider installing portable high-efficiency air cleaners, upgrading the

building’s air filters to the highest efficiency possible, and making

other modifications to increase the quantity of outside air and

ventilation in worship areas, offices, and other spaces.

Physical Distancing Guidelines

• Places of worship should continue to provide services through alternative

methods (such as via internet live and/or recorded streaming, telephone,

drive-in, etc.) whenever possible.

• Consider holding in-person meetings and providing in-person services

outside whenever possible.

• Implement measures to ensure physical distancing of at least six feet

between workers and congregants/visitors, etc. This can include use of

physical partitions or visual cues (e.g., floor or pew markings or signs to

indicate where people should sit and stand). Reconfigure seating and

standing areas to maintain physical distancing of six feet or more

between congregants/visitors from different households. Consider

limiting seating to alternate rows. Members of the same household may

be seated together but should maintain at least six feet of distance from

other households.

• Consider dedicating workers to help people maintain distances

during activities.

• Shorten services to limit the length of time congregants/visitors spend at

facilities whenever possible. This could include limiting speeches, asking

congregants/visitors to put on garments at home before arrival, etc.

t t +in+


• Close places of worship for visitation outside of scheduled services,

meetings, etc., whenever possible.

• Consider implementing a reservation system to limit the number of

congregants/visitors attending facilities at a time. This can include the

use of digital platforms or other types of tools.

• Encourage congregants/visitors to meet with the same group, particularly

when services meet frequently and/or require a certain number of

people to be present. This can reduce the spread of transmission by

minimizing the number of different individuals who come into close

contact with each other.

• Consider offering additional meeting times (per day or per week) so that

fewer guests attend meetings and services at one time. Clean meeting

areas between each use as described in this guidance.

• Discontinue large gatherings that encourage congregants/visitors to

travel and break physical distances during activities, such as concerts,

large holiday and life event celebrations and remembrances.

• Children should remain in the care of those in their household unit and

not interact with children of other parties at any time while visiting

facilities. Close play areas and discontinue activities and services for

children where physical distancing of at least six feet cannot be

maintained.

• Encourage congregants/visitors to physically distance themselves from

others outside their household, avoid touching surfaces, and to leave the

facility if they do not feel well.

• Consider limiting touching for religious and/or cultural purposes, such as

holding hands, to members of the same household.

• Dedicate workers to direct guests to meeting rooms upon entry to

places of worship rather than congregating in lobbies or common

areas. Consider using ushers to help people find places to sit and stand

that are at least six feet apart from other guests/household groups. Ask

congregants/visitors to arrive and leave in a single group to minimize

crossflow of people. Welcome and dismiss congregants/visitors from

altars, podiums, meeting rooms, etc. in an orderly way to maintain

physical distancing and minimize crossflow of traffic, to the extent

possible.

• Prop or hold doors open during peak periods when congregants/visitors

are entering and exiting facilities, if possible and in accordance with

security and safety protocols.

• Close or restrict common areas, such as break rooms, kitchenettes, foyers,


etc. where people are likely to congregate and interact. Consider

installing barriers or increase physical distance between tables/seating

when there is continued use of these areas.

• Remove from service or find low-community touch alternatives for

communal/religious water containers such as fonts, sinks, and vessels.

Empty and change water between uses. Where there is a possibility of

contaminant splash, workers, congregants, visitors, etc., are strongly

encouraged to use equipment to protect the eyes, nose, and mouth

using a combination of face coverings, protective glasses, and/or face

shields. Reusable protective equipment such as shields and glasses

should be properly disinfected between uses.

• When washing is a required activity, modify practices whenever possible

to limit splashing and the need to clean and disinfect washing facilities.

Encourage necessary washing to be performed at home prior to

entering a facility, if possible.

• Reconfigure podiums and speaker areas, office spaces, meeting rooms,

conference rooms, etc., to allow for at least six feet between people.

• Establish directional hallways and passageways for foot traffic, if possible,

and designate separate routes for entry and exit into meeting rooms,

offices, etc., to help maintain physical distancing and lessen the

instances of people closely passing each other.

• Limit the number of individuals riding in an elevator at a time. Post

signage regarding these policies.

• Utilize practices, when feasible and necessary, to limit the number of

workers and congregants/visitors in office, meeting spaces, etc., at one

time. This may include scheduling (e.g. staggering start/end times),

establishing alternating days for onsite reporting, returning to places of

worship in phases, or continued use of telework when feasible.

• Consider offering workers and volunteers who request modified duties

options that minimize their contact with congregants/visitors and

other workers (e.g., office duties rather than working as an usher or

managing administrative needs through telework).

• Stagger worker breaks, in compliance with wage and hour regulations,

to maintain physical distancing protocols.

• Discontinue nonessential travel and encourage distance meetings via

phone and internet.

• Close self-service item selection such as pamphlet displays and

bookshelves and provide these items to congregants/visitors individually

as necessary. Consider delivering items and information electronically.


• Consider limiting the number of people that use the restroom at one time

to allow for physical distancing.

• Discourage workers, congregants, visitors, etc., from engaging in

handshakes, hugs, and similar greetings that break physical distance.

Take reasonable measures to remind people to wave or use other

greetings.

• Reconfigure parking lots to limit congregation points and ensure proper

separation (e.g., closing every other space). If performing drive-in

services, ensure vehicle windows and doors are closed if six feet of

distance is not possible between vehicles.

• Continue to support non-in person attendance of services and other

related activities by those who are vulnerable to COVID-19 including

older adults and those with co-morbidities.

Considerations for Places of Worship

• Discontinue offering self-service food and beverages. Do not hold

potlucks or similar family-style eating and drinking events that increase

the risk of cross contamination. If food and beverages must be served,

provide items in single-serve, disposable containers whenever possible.

Workers or volunteers serving food should wash hands frequently and

wear disposable gloves.

• Discontinue singing (in rehearsals, services, etc.), chanting, and other

practices and performances where there is increased likelihood for

transmission from contaminated exhaled droplets. Consider practicing

these activities through alternative methods (such as internet streaming)

that ensure individual congregation members perform these activities

separately in their own homes.

• Consider modifying practices that are specific to particular faith traditions

that might encourage the spread of COVID-19. Examples are

discontinuing kissing of ritual objects, allowing rites to be performed by

fewer people, avoiding the use of a common cup, offering communion

in the hand instead of on the tongue, providing pre-packed communion

items on chairs prior to service, etc., in accordance with CDC guidelines.



Considerations for Funerals

• Consider reduced visitor capacity and stagger visitation times at funerals,

wakes, etc., if possible. Follow all cleaning and disinfection measures as

described in this guidance. Whenever possible, remind visitors to maintain

physical distance from each other, from workers and volunteers, and

from the deceased.

• Consider modifying religious or cultural practices when washing or

shrouding bodies of those who have died from COVID-19, in

accordance with guidance from CDPH and the CDC. If washing the

body or shrouding are important religious or cultural practices, work

with funeral home staff and families to reduce exposure as much as

possible. All people participating in these activities must wear

disposable gloves and if there will be splashing of fluids, people must

use additional protective equipment including protection for the eyes,

nose, and mouth, such as face shields.

• Consult and comply with local guidance regarding limits on gathering

sizes, travel, holding funerals for those who died from COVID-19, etc.

• Consider other recommendations and modifications of services related

to places of worship outlined above, as applicable for funeral services.

1Additional requirements must be considered for vulnerable populations. Places of worship must

comply with all Cal/OSHA standards and be prepared to adhere to its guidance as well as

guidance from the Centers for Disease Control and Prevention (CDC) and the California

Department of Public Health (CDPH). Additionally, places of worship must be prepared to alter

their operations as those guidelines change.


https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/funerals.aspx

https://www.cdc.gov/coronavirus/2019-ncov/faq.html#COVID-19-and-Funerals

https://www.dir.ca.gov/

https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

https://www.cdph.ca.gov/programs/cid/dcdc/pages/guidance.aspx

https://www.cdph.ca.gov/programs/cid/dcdc/pages/guidance.aspx

EXHIBIT “B”


EXECUTIVE DEPARTMENT STATE OF CALIFORNIA

EXECUTIVE ORDER N-33-20

WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and

WHEREAS in a short period of time, COVID-19 has rapidly spread throughout California, necessitating updated and more stringent guidance from federal, state, and local public health officials; and

WHEREAS for the preservation of public health and safety throughout the entire State of California, I find it necessary for all Californians to heed the State public health directives from the Department of Public Health.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8627, and 8665 do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1) To preserve the public health and safety, and to ensure the healthcare delivery system is capable of serving all, and prioritizing those at the highest risk and vulnerability, all residents are directed to immediately heed the current State public health directives, which I ordered the Department of Public Health to develop for the current statewide status of COVID-19. Those directives are consistent with the March 19, 2020, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, found at: https://covid 19 .ca.gov/. Those directives follow:

ORDER OF THE STATE PUBLIC HEALTH OFFICER March 19, 2020

To protect public health, I as State Public Health Officer and Director of the California Department of Public Health order all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at h ttps: //www.cisa.gov/id e ntifyi nq-critica I-i n frastru ctu re-du ri nq-covid-12.- In addition, and in consultation with the Director of the Governor's Office of Emergency Services, I may designate additional sectors as critical in order to protect the health and well-being of all Californians.

Pursuant to the authority under the Health and Safety Code 120125, 120140, 131080, 120130(c), 120135, 120145, 120175 and 120150, this order is to go into effect immediately and shall stay in effect until further notice.

The federal government has identified 16 critical infrastructure sectors whose assets, systems, and networks, whether physical or virtual, are considered so vital to the United States that their incapacitation or


destruction would have a debilitating effect on security, economic security, public health or safety, or any combination thereof. I order that Californians working in these 16 critical infrastructure sectors may continue their work because of the importance of these sectors to Californians' health and well-being.

This Order is being issued to protect the public health of Californians. The California Department of Public Health looks to establish consistency across the state in order to ensure that we mitigate the impact of COVID-19. Our goal is simple, we want to bend the curve, and disrupt the spread of the virus.

The supply chain must continue, and Californians must have access to such necessities as food, prescriptions, and health care. When people need to leave their homes or places of residence, whether to obtain or perform the functions above, or to otherwise facilitate authorized necessary activities, they should at all times practice social distancing.

2) The healthcare delivery system shall prioritize services to serving those who are the sickest and shall prioritize resources, including personal protective equipment, for the providers providing direct care to them .

3) The Office of Emergency Services is directed to take necessary steps to ensure compliance with this Order.

4) This Order shall be enforceable pursuant to California law, including, but not limited to, Government Code section 8665.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have h d and caused

State of ed this 19th day

~~ ALEX PADILLA Secretary of State


EXHIBIT “C”


7/14/2020 County variance info - Coronavirus COVID-19 Response

https://covid19.ca.gov/roadmap-counties/ 1/5

COVID19.CA.GOV Search

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County variance info

Last updated July 14, 2020 at 3:35 PM

County data monitoring

California is monitoring COVID-19 closely in each local community

and keeping the public informed. We’re teaming up with counties to

fight it with every tool we have: current local data, testing, contact

tracing, infection control, emergency supplies, containment

measures, and more.

Counties should be ready to restore limitations if outbreaks increase.

The State Public Health Officer may take action if needed.

Effective July 13, 2020, ALL counties must close indoor operations in

these sectors:

Dine-in restaurants

Wineries and tasting rooms

Movie theaters

Family entertainment centers (for example: bowling alleys,

miniature golf, batting cages and arcades)

Zoos and museums

Cardrooms

Additionally, bars, brewpubs, breweries, and pubs must close all

operations both indoor and outdoor statewide, unless they are

offering sit-down, outdoor dine-in meals. Alcohol can only be sold in

the same transaction as a meal.

Counties that have remained on the County Monitoring List for 3

consecutive days will be required to shut down the following

industries or activities unless they can be modified to operate

outside or by pick-up.

Fitness centers

Worship services


https://covid19.ca.gov/

https://covid19.ca.gov/

https://www.facebook.com/CAPublicHealth/

https://twitter.com/CAPublicHealth

https://covid19.ca.gov/search/

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID19CountyMonitoringOverview.aspx

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID19CountyDataTable.aspx



Protests

Offices for non-essential sectors

Personal care services, like nail salons, body waxing and tattoo

parlors

Hair salons and barbershops

Malls

The following counties have remained on the County Monitoring List

for 3 consecutive days:

The State Public Health Officer may take additional action if needed.

Track county data and monitoring status

Affected counties as of 7/13/20




Use the map above to see which category your county falls into.

See guidance for each of the mentioned industries.

County attestation process

Local health jurisdictions that meet the criteria set forth by the

California Department of Public Health and follow the process in the

county guidance may move further ahead in the Resilience Roadmap.

If a county decides to pursue a variance to move further ahead in the

Resilience Roadmap, the local public health officer must:

1. Notify the California Department of Public Health (CDPH).

2. Certify through submission of a written attestation to CDPH that

the county has met the readiness criteria (outlined below),

including guidance to be issued by the county and detailed

plans, and that the county is designed to mitigate the spread of

COVID-19.

See the list of counties that have met the criteria.

The three steps below outline the county data monitoring process.

For attested counties not on Monitoring

List

For counties on Monitoring List for 3

consecutive days

For counties without attestations

STEP 1:

Active Data

Monitoring

STEP 2:

Targeted

Engagement

with CDPH

STEP 3:

Reinstitute

Community

Measures


https://covid19.ca.gov/industry-guidance/#top

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/County_Variance_Attestation_Form.aspx


https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/County_Variance_Attestation_Form.aspx

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/CountyMonitoringDataStep1.aspx





COVID-19 hotline: 1-833-422-4255 M-F 8AM-8PM, Sa-Su 8AM-5PM

Official California State Government Website

Department of Public Health

Governor’s Newsroom

Accessibility

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Feedback

County alerts Search Back to top


tel:18334224255

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx

https://www.gov.ca.gov/newsroom/

https://www.ca.gov/accessibility/

https://www.ca.gov/privacy-policy/

https://www.surveymonkey.com/r/COVID19CAGOV

https://covid19.ca.gov/sign-up-for-county-alerts/

https://covid19.ca.gov/search/



What is allowed to open in my county?

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Not on Monitoring ListOn Monitoring List for <3 daysOn Monitoring List for 3+ days, new restrictions in place


EXHIBIT “D”


CARMEL J. ANGELO

Chief Executive Officer Clerk of the Board

CONTACT INFORMATION

501 Low Gap Road Room 1010 Ukiah, California 95482

TELEPHONE: (707) 463-4221 FAX: (707) 463-7237

Email: [email protected] Web: www.mendocinocounty.org

/government/board-of-supervisors

COUNTY OF MENDOCINO BOARD OF SUPERVISORS

THE BOARD OF SUPERVISORS

CARRE BROWN JOHN MCCOWEN JOHN HASCHAK DAN GJERDE TED WILLIAMS First District Second District Third District Fourth District Fifth District

ORDER OF THE HEALTH OFFICER OF THE COUNTY OF MENDOCINO DIRECTING ALL INDIVIDUALS IN THE COUNTY

TO CONTINUE TO SHELTER AT THEIR PLACE OF RESIDENCE EXCEPT FOR ESSENTIAL NEEDS AND ACTIVITIES IN COMPLIANCE WITH SPECIFIED

REQUIREMENTS; PROVIDING LIMITED EXEMPTIONS FROM THE SHELTER IN PLACE ORDER TO INDIVIDUALS EXPERIENCING HOMELESSNESS; REQUIRING

ALL BUSINESSES AND RECREATION FACILITIES THAT ARE ALLOWED TO OPERATE TO IMPLEMENT AND POST SOCIAL DISTANCING, FACE COVERING, AND

CLEANING PROTOCOLS

DATE OF ORDER: JULY 13, 2020 EFFECTIVE at 11:59 p.m. on JULY 13, 2020, until 12 noon on August 3, 2020

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)) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, AND PENAL CODE SECTION 409.5(a), THE HEALTH OFFICER OF THE COUNTY OF MENDOCINO (“HEALTH OFFICER”) ORDERS: 1. This Order hereby supersedes the prior Shelter in Place Orders

previously issued by the Mendocino County Health Officer on July 3, 2020 (“Prior Order”). This Order is issued in accordance with the statewide order for all counties effective July 13, 2020, and amends, clarifies, and extends certain terms of the Prior Order to ensure continued social distancing and limit person-to-person contact to reduce the rate of transmission of Novel Coronavirus Disease 2019 (“COVID-19”).

SOCIAL DISTANCING & HYGIENE (See ¶ 12b.)

Stay 6+ feet away from others when outside of your home (no shaking hands!)

Cover coughs & sneezes (cough into your elbows not your hands!)

Wash hands/ use hand sanitizer Businesses must create and POST

a Social Distance & Hygiene protocol (¶ 12.b.) App. A)

Wearing facial coverings pursuant to separate Heath Officer Order and Statewide Order dated June 18, 2020


of 28 July 13, 2020

2. The primary intent of this Order is to ensure that County residents continue to shelter in their places of residence to slow the spread of COVID-19 to the maximum extent possible and mitigate the impact on delivery of critical healthcare services. All individuals currently living within Mendocino County (the “County”) are ordered to shelter at their place of residence. This

Order also adopts the State of California’s Stay-at Home-Order’s designations for allowable businesses and activities to resume. When people need to leave their places of residence, they should at all times reasonably possible comply with Social Distancing Requirements as defined in Section 11 below except as expressly provided in this Order, and are also required to wear facial coverings as provided in the Health Officer’s July 3, 2020 Face Covering Order (“Face Covering Order”) and the Statewide Guidance on the Use of Face Coverings issued June 18, 2020, which broadly requires the use of face coverings in California when in public or common spaces (https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Guidance-for-Face-Coverings_06-18-

2020.pdf). Individuals experiencing homelessness are exempt from the requirement to shelter in the place of residence, but should at all times reasonably possible comply with Social Distancing Requirements as defined in Section 11 and are strongly urged to obtain appropriate shelter as soon as possible. Governmental and other entities, to the extent feasible, are encouraged to make such shelter available, especially for individuals at high risk of severe illness from COVID-19. All provisions of this Order should be interpreted to effectuate this intent. Failure to comply with any provisions of this order constitutes an imminent threat to public health and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment or both.

3. All public and private gatherings of any number of people occurring with members of multiple households or living units (including but not limited to professional, social and community purposes) in a shared or group experience in a single room, space or place are prohibited except for the limited purposes expressly permitted in this Order because they pose an especially high danger of transmission and spread of COVID-19.

4. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020 Declaration of the Health Officer; the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom; the March 4, 2020 Proclamation of Local Emergency for the County of Mendocino issued by the Director of Emergency Services Declaring the Existence of a Local Emergency in the County Regarding Novel Coronavirus 2019 (COVID-19); the March 10, 2020 Resolution of the Board of Supervisors of the County of Mendocino Ratifying and Extending the Declaration of a Local Health Emergency, and Ratifying and Extending the Proclamation of a Local Emergency.

5. This Order is also issued in light of the March 19, 2020, May 7, 2020, and June 5, 2020, Orders

of the State Public Health Officer (the “State Shelter Order”), which set minimum statewide restrictions through the State’s Resilience Roadmap and the attestation process for certain counties to advance further into Stage 2 and 3, including Mendocino County through its Attestation accepted by the State on May 20, 2020, (https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Mendocino%20County%20Attestation.pdf). This Order is also issued in accordance with the

“FACIAL COVERINGS PLUS” ADDITIONAL PROTECTIONS REQUIRED

For Service or Treatment w/in < 6 feet [see updated Facial Covering Order]

Applies To: o Workers treating head, face or mouth

E.g., Personal care for head, face and eyes, hairdressers, barbers;

o Workers consistently serving the public <6 feet, e.g. cashiers, restaurant servers, bartenders,

Facial Coverings PLUS additional protective measures are required: o E.g., plexiglass screen; face shield

extending from forehead to below the chin


of 28 July 13, 2020

Governor’s March 19, 2020, Executive Order N-33-20, and May 4, 2020, Executive Order N-60-20, which direct continued compliance with the State Public Health Directives, including the State Shelter Order. Where a conflict exists between this Order and any state public health order related to the COVID-19 pandemic, the most restrictive provision controls. Consistent with California Health and Safety Code section 131080 and the Health Officer Practice Guide for Communicable Disease Control in California, except where the State Health Officer may issue an order expressly directed at this Order and based on a finding that a provision of this Order constitutes a menace to public health, any more restrictive measures in this Order continue to apply and control in this County. In addition, to the extent any federal guidelines allow activities that are not allowed by this Order, this Order controls and those activities are not allowed.

6. Per the Governor’s Resilience Roadmap, before reopening (and every two (2) weeks), all businesses allowed to operate under this Order must: (1) Perform a detailed risk assessment and implement a site-specific protection plan (which plan should be in writing and kept on site for easy reference for employees and presented to authorized County officials upon request); (2) train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them; (3) implement individual control measures and screenings; (4) implement disinfecting protocols; and (5) implement physical distancing guidelines. Further, as a condition of operating under this Order, all businesses allowed to operate under this Order shall follow industry specific guidance issued by the State (https://covid19.ca.gov/roadmap/#guidance), any local industry-specific guidance that may be developed in the County, and prepare or update, post, implement, and distribute to their personnel, a Social Distancing and Hygiene Protocol as described in Section 12(b) and attached Appendix A-1, at each of their facilities at which they are maintaining operations. All businesses must also post (prominently at entrance) additional County signage regarding required social distancing and use of facial coverings (in both English and Spanish), attached as Appendix A-2. Additionally, prior to re-opening all businesses must complete the self-certification form including any required attached Safe Business Reopening Plan (for Permissible Higher Risk Businesses and Campgrounds) which must include the details outlined in the applicable State of California COVID-19 Industry Guidances and any additional information as outlined for that industry in this Order. The self-certification form with required attachments must also be filed with the County, either through the website located at: https://www.mendocinocountybusiness.org, or by mailing a completed certification form (with any required attachments) to: County of Mendocino Environmental Health, 860 N. Bush Street, Ukiah, CA 95482. Businesses which were authorized to operate under any Health Officer order prior to May 28, 2020 must complete the same steps and file the self-certification in order to continue operating. Healthcare facilities license by the California Department of Public Health and Schools/ School-based programs are exempt from this self-certification requirement. To the greatest extent feasible, all businesses allowed to operate under this Order shall comply with Social Distancing Requirements as defined in Section 11 below. All businesses allowed to operate under this Order must follow any State guidance and industry-specific guidance related to COVID-19 that

will be developed by industry leaders in the County and adopted by the Health Officer. For any

industry which is not specifically identified in this Order as allowable, but for which the State has issued Statewide Industry Guidance indicating the industries are permitted to open statewide, the Health Officer allows re-opening of the industry in accordance with current State Guidance. All businesses are responsible for regularly reviewing the State website to determine any changes or restrictions that may be issued by the State for their industry.

REQUIRED BUSINSESS POSTINGS (visible upon entrance)

Social Distancing & Hygiene Protocol (Appendix A-1)

Social Distancing and Facial Covering Required Sign in English and Spanish (Appendix A-2)


of 28 July 13, 2020

7. For purposes of this Order, all first responders, emergency management personnel, emergency dispatchers, court personnel, public safety personnel (lifeguards, search and rescue, etc.), and law enforcement personnel, and others who need to perform essential services are categorically exempt from this Order while performing their essential functions. Further, nothing in this Order shall prohibit any individual from performing or accessing “Essential Governmental Functions,” or “Lower Risk Governmental Functions” as determined by the governmental entity performing those functions in the County. Each governmental entity shall identify and designate appropriate employees, contractors, or volunteers to continue providing and carrying out any Essential or Lower Risk Governmental Functions, including the hiring or retention of new personnel or contractors to perform such functions. All Essential or Lower Risk Governmental Functions shall be performed in compliance with Social Distancing Requirements as defined in this Order, to the extent possible and each governmental entity and its contractors must employ all necessary emergency protective measures to prevent, mitigate, respond to and recover from the COVID-19 pandemic.

8. Skilled nursing facilities should follow State guidelines regarding visitation with their residents. 9. Individuals and Activities. For purposes of this Order, individuals are allowed to leave their

residence only to perform activities identified in this Order and as by the State Public Health Officer and State Shelter Order. (https://covid19.ca.gov/stay-home-except-for-essential-needs/) When people need to leave their place of residence for the purposes allowed by this Order, they must strictly comply with Social Distancing Requirements in Section 11. Individuals may leave their residence as follows: a. To engage in activities or perform tasks essential to their health and safety, or to the health

and safety of their family or household members (including, but not limited to, pets), such as, by way of example only and without limitation, obtaining medical supplies or medication, or visiting a health care professional, or obtaining supplies they need to work from home.

b. To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services (such as cleaning or disinfection services), or supplies to others, such as, by way of example only and without limitation, canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences.

c. To engage in outdoor recreation activity, such as walking, jogging, hiking or bicycling, swimming, surfing, kayaking, canoeing, golfing, animal-related recreation, and any lawful solitary activity in compliance with the Social Distancing Requirements in this order, in compliance with the Health Officer’s Orders pertaining to Facial Coverings specific to recreational activities (e.g., wearing during certain activities which cause people to more forcefully expel airborne particles, such as running, bicycling and singing, making the usual minimum six feet social distancing requirement, less adequate), and with the following limitations:

i. The recreation is urged to stay within fifty (50) miles of one’s residence (as measured in a straight line on a map), and to remain within one county to limit the transmission of the virus;

ii. Outdoor recreation activity at parks, beaches, and other open spaces must comply with any restrictions on access and use established by the Health Officer, government, or other entity that manages such area to reduce crowding and risk of transmission of COVID-19. Such restrictions may include, but are not limited to, restricting the number of entrants, closing the area to vehicular access and parking, closure to all public access, or limitation of the hours of access;

iii. Use of recreational areas with high-touch equipment or that encourage gathering, including, but not limited to, playgrounds, outdoor gym equipment, picnic areas, and barbecue areas, is prohibited outside of residences, and all such areas shall be


of 28 July 13, 2020

closed to public access including by signage and, as appropriate, by physical barriers;

iv. Sports or activities approved in this section that include the use of shared equipment or physical contact between participants may only be engaged in by members of the same household or living unit; or by a Stable Bubble.

v. Use of shared facilities for recreational activities that may occur outside of residences, consistent with the restrictions set forth in subsections a., b., and c. above and excluding spectator events, include, but are not limited to, golf courses, skate parks, athletic fields, shooting and archery ranges, basketball courts, tennis courts, horseback riding facilities and stables (singles), disc golf parks, dog parks, boat ramps, animal-related recreation facilities, race tracks, must, before they may begin, comply with social distancing and health/safety protocols posted at the site and any other restrictions, including prohibitions, on access and use established by the Health Officer, government, or any other entity that manages such an area to reduce crowding and risk of transmission of COVID-19, (See, e.g., Appendix C-1 Recreational Safety Protocol COVID-19 Prevention (Golf)).

vi. People in a household or living unit, or Stable Bubble may recreate in their vehicles by way of example, travel to a location for outdoor recreation, attend a drive-in or drive-through event, or simply engage in recreational driving or boating. The vehicular recreation is urged to stay within fifty (50) miles of one’s residence (as measured in a straight line on a map), and to remain within one county to limit the transmission of the virus.

d. For the Purposes of this Order, “Stable Bubble” means either a Stable Group of 6 individuals who form a Household Support Unit or a Stable Group of 12 individuals who form a Childcare Unit or a Children’s Extracurricular Activity Unit for the purposes of engaging in those activities allowed under this Order. Stable Bubble are not required to engage in social distancing from each other when they are engaging in activities permitted under this order, but they should continue to comply with all other applicable requirements (i.e., staying home while sick, obeying quarantine and isolation orders, etc.). Each type of Stable Bubble is counted separately. By way of example, a child may be part of a Children’s Extracurricular Activity Unit and a Childcare Unit, but may not participate in two different Childcare Units. Please refer to Mendocino County’s infographic for Stable Bubble (https://www.mendocinocounty.org/home/showdocument?id=35704)

i. “Household Support Unit” means a Stable Group of 6 individuals who engage in the sort of support and activities which are typical of members of the same household (e.g. carpooling, transporting children, childcare, family recreation, religious services, etc.), regardless of whether they physically occupy the same dwelling. Each person may only be part of a single Household Support Unit, and every resident of a single dwelling unit must be part of the same Household Support Unit, except that a child who resides in more than one dwelling unit as part of a court-ordered shared custody arrangement may be part of the Household Support Unit of each of their custodians.

ii. “Childcare Unit” means a Stable Group of 12 individuals (typically 10 children and 1-2 adults) who are together for the purposes of childcare under Section 12.d. Each person (adult or child) may only be part of a single Childcare Unit, but children in the same household may be part of separate, age-appropriate Childcare Units.

PERMISSIBLE STABLE BUBBLES Stable Group of 6 (Household Support Unit) or

12 (Childcare or Children’s Extracurricular Unit) Same Stable Group (no mixing) for at least 4

weeks Social Distancing and Facial Coverings Not

Required in Permitted Activities

https://www.mendocinocounty.org/home/showdocument?id=35704


of 28 July 13, 2020

iii. “Children’s Extracurricular Activity Unit” means a Stable Group of 12 individuals (typically 10 children and 1-2 adults) who are together for purposes of organized recreation under Section 9.c. Each person (adult or child) may only be part of a single Extracurricular Activity Unit, but children in the same household may be part of separate, age-appropriate Extracurricular Activity Units.

iv. For the purposes of this Order, “Stable Group of 12” means a group of individuals with not more than twelve (12) members over a four (4) week time period, as part of either a Childcare Unit or a Children’s Extracurricular Activity.

v. For the purposes of this Order, “Stable Group of 6” means a group of individuals with not more than six (6) members over a four (4) week time period, as part of a Household Support Unit or Work Group.

e. For the Purposes of this Order, “Work Group” means a Stable Group of 6 individuals who engage in certain work-related activities, such as employment, volunteer activities, and the live-streaming or video-recording of events. These individuals should social distance and wear facial coverings to the extent possible, unless they are part of a household, living unit, or Stable Bubble. Businesses are strongly encouraged to create 2 or more separate, non-overlapping Work Groups, such that, in the event one group contracts COVID-19, the other will be protected.

f. To perform work providing products and services at Businesses authorized to open pursuant to this Order, or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations.

g. To provide necessary care for a family member or pet in another household who has no other source of care or who needs assistance, or to care for the property of a family member who is hospitalized or deceased.

h. To perform volunteer activities or services in Work Groups (including staff), and at which members of different households, living units, or Stable Bubbles maintain social distancing from each other, for all businesses or activities allowed under this Order.

i. To move residences. When moving into or out of the Mendocino County, individuals are strongly urged to quarantine for 14 days. To quarantine, individuals should follow the guidance of the United States Centers for Disease Control and Prevention. Healthcare personnel, first responders, and disaster service workers who have traveled outside of Mendocino County and are returning to essential activities in Mendocino County are strongly urged to either quarantine for 14 days or follow the specific CDC Guidance for healthcare personnel (HCP) found at: https://www.cdc.gov/coronavirus/2019-ncov/hcp/guidance-risk-assesment-hcp.html

j. For purposes of this Order, individuals may leave their residence to work or volunteer for, or obtain services at any “Healthcare Operations” including, including without limitation, hospitals, clinics, dentists (including preventative dental care), pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, COVID-19 testing locations, blood banks and blood drives, or any related and/or ancillary healthcare services. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. “Healthcare Operations”.

k. To perform, “Higher Risk Activities”, which means: i. To engage in political protest, pursuant to statewide guidance strongly

recommending those exercising their right to engage in political expression utilize alternative channels, such as online and broadcasting platforms available in the digital age. In the event of any in-person political protest, participants must adhere to all of the following requirements:

(1) For indoor protests, attendance is limited to 25% of the relevant area’s maximum capacity as defined by local permitting authority; For outdoor protests, there are no capacity limits by this Order.


of 28 July 13, 2020

(2) Social distancing of at least six feet is required between all protest participants from different households, living units or Stable Bubbles;

(3) Facial coverings must be worn at all times, unless participants are unable to for health-related reasons or due to barriers to access;

ii. To engage in religious services or cultural ceremonies at Places of Worship, which follow COVID-19 Industry Guidance: Places of Worship and Providers of Religious and Cultural Services, (https://covid19.ca.gov/pdf/guidance-places-of-worship.pdf), provided that participants wear facial coverings (pursuant to the Health Officer and Statewide Facial Covering Orders) and social distancing of at least six feet is required by all participants from different households, living units, or Stable Bubbles.

iii. To attend funeral services with strict adherence to the same capacity restrictions and other guidelines outlined in the COVID-19 Industry Guidance: Places of Worship, et al. (https://covid19.ca.gov/pdf/guidance-places-of-worship.pdf).

iv. To attend, obtain services, or perform work for Permissible Higher Risk Businesses, to the extent currently authorized pursuant to this Order.

10. Travel. All travel for urgent matters and to perform work and activities allowed by this Order is permitted. All travel must comply with the Social Distancing Requirements in Section 11 of this Order. Additionally, all Transit agencies and people riding on public transit must comply with Social Distancing Requirements to the greatest extent feasible, and personnel and passengers must wear facial coverings as provided by the Face Covering Order, unless otherwise exempted by that order. Travel for recreation or tourism is urged to stay within fifty (50) miles of one’s residence (or from one’s hotel room) as measured in a straight line on a map, and to stay within one county to limit the transmission of the virus.

11. Social Distancing Requirements. For purposes of this Order, “Social Distancing Requirements” include maintaining at least six feet of social distancing from other individuals, frequently washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer that is recognized by the Centers for Disease Control and Prevention as effective in combatting COVID-19, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, not shaking hands, wearing a facial covering when out in public, to the extent required by the separate Health Officer Orders regarding Facial Coverings, and avoiding all social interactions outside the household when sick with a fever, cough, or other COVID-19 symptoms. All individuals must strictly comply with Social Distancing Requirements, except to the limited extent necessary to provide care (including childcare, adult or senior care, care to individuals with special needs, and patient care); as necessary to carry out the work of for Essential Workforce as defined by the State at (https://covid19.ca.gov/essential-workforce/), Essential Governmental Functions, or for Minimum Basic Operations; or as otherwise expressly provided in this Order.

12. Businesses. Only businesses designated by the State Public Health Officer as Essential Workforce at (https://covid19.ca.gov/essential-workforce/) and those businesses allowed to reopen statewide pursuant to the State Resilience Roadmap and for Variance Counties, subject to State COVID-19 Industry Guidances (See https://covid19.ca.gov/industry-guidance; https://covid19.ca.gov/roadmap-counties/), are permitted to operate, subject to the additional requirements outlined in this Order. All businesses specifically identified in the following subsections, and which have opened for Variance Counties in Stage 3 or later are considered “Permissible Higher Risk Businesses”. Each Permissible Higher Risk Business must prepare a Safe Business Reopening Plan (as referenced in Section 6) which will be accessible to the public at https://www.mendocinocountybusiness.org/self-certified-businesses/. Please note facial coverings are required for the general public, and reiterated with respect to Permissible Higher Risk Businesses because of the greater risk associated with engaging in these activities. By re-opening, each of the following Permissible Higher Risk Businesses may potentially be


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required to publicly disclose the existence of a COVID-19 outbreak as necessary to protect public health and participate in case investigation contact tracing. a. For purposes of this Order, a “business”, includes any for-profit, non-profit, or educational

entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure.

b. For the purposes of this Order, all businesses that are operating at facilities in the County visited or used by the public or personnel must, as a condition of such operation, follow the COVID-19 Industry Guidance identified statewide (https://covid19.ca.gov/industry-guidance) and for Variance Counties (https://covid19.ca.gov/roadmap-counties/); and prepare (or continue to maintain) and post a “Social Distancing and Hyg iene Protocol” for each of their facilities in the County, provided, however, that construction activities shall instead comply with the Construction Project Safety Protocols set for in Appendix B and not the Social Distancing and Hygiene Protocol. The Social Distancing and Hygiene Protocol must be substantially in the form attached to this Order as Appendix A-1, and it must be updated from prior versions to address new requirements listed in this Order or in such industry-specific forms as are later adopted by the Health Officer. The Social Distancing and Hygiene Protocol must be posted at or near the entrance of the relevant facility, and shall be easily viewable by the public and personnel. A copy of the Social Distancing and Hyg iene Protocol must also be provided to each person performing work at the facility. All businesses subject to this paragraph shall implement the Social Distancing and Hygiene Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand. The Social Distancing and Hygiene Protocol must explain how the business is achieving the following, as applicable:

i. Requiring facial coverings to be worn by all persons entering and circulating within the facility other than those exempted from facial coverings requirements (e.g., children 2 and under and those for whom it is not advised for health-related reasons, etc.), consistent with HO Order on Facial Coverings and Statewide order dated June 18, 2020;

ii. Where lines may form at a facility, marking six-foot increments at a minimum, establishing where individuals should stand to maintain adequate social distancing;

iii. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility and in other appropriate areas for use by the public and personnel, and in locations where there is high- frequency employee interaction with members of the public (e.g., cashiers);

iv. Providing for contactless payment systems or, if not feasible to do so, the providing for disinfecting all payment portals, pens, and styluses after each use;

v. Regularly disinfecting other high-touch surfaces; vi. Posting a sign at the entrance of the facility informing all personnel and

customers that they should: avoid entering the facility if they have a cough or fever; maintain a minimum six-foot distance from one another; sneeze and cough into one’s elbow; and not shake hands or engage in any unnecessary physical contact; and

vii. Any additional social distancing measures being implemented (see the Centers for Disease Control and Prevention’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html).

viii. All businesses are also encouraged to find ways to protect individuals over 65 years of age, or those who are otherwise at a greater risk from COVID-19, such as designated shopping hours. Further it is recommended that all businesses encourage people to shop in the smallest groups possible.


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c. For purposes of this Order, “Minimum Basic Operations” include the following, provided that employees comply with Social Distancing Requirements as defined in this Section 11, to the extent possible, while carrying out such operations:

i. The minimum necessary activities to maintain the value of the business’s inventory and facilities; ensure security, safety, and sanitation; process payroll and employee benefits; provide for the delivery of existing inventory or gift cards directly to residences or businesses; and related functions.

ii. The minimum necessary activities to facilitate owners, employees, and contractors of the business being able to continue to work remotely from their residences, and to ensure that the business can deliver its service remotely.

iii. Those operations necessary for venues, such as concert halls, auditoriums, churches, temples, and playhouses, to enable a recorded and/or live-streamed event to be shared virtually with the public, with the following limitations:

(1) Events at a single venue must involve not more than 6 individuals, i.e., a Work Group (as defined in Section 9.d.) for reoccurring events or present for the live event. All others must participate remotely, such as in separate vehicles or from their residence;

(2) Social Distancing Requirements should be maintained to the extent possible, including maintaining at least six feet of physical distancing from other individuals (physical distancing not required for members of the same household or living unit or Stable Bubble), frequently washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer that is recognized by the Centers for Disease Control and Prevention as effective in combatting COVID-19, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, not shaking hands, and, for those who are not on camera, to wear facial coverings as much as possible;

(3) The venue should take measures to ensure that any additional risk of transmission of COVID-19, due to singing or any similar activity, is mitigated. Such measures may include the use of a plexiglass screen between singers in the same venue, proper ventilation, distancing greater than six feet, and ensuring singers are not positioned face-to-face.

d. Childcare and other programs providing care or supervision for children of all ages within Childcare Units or Children’s Extracurricular Activity Units (as defined in section 9.d.ii and iii) pursuant to the COVID-19 Updated Guidance: Child Care Programs and Providers (https://covid19.ca.gov/pdf/guidance-childcare.pdf), unless operating as a Day Camp and to that extent should follow the Guidance for the same (https://covid19.ca.gov/pdf/guidance-daycamps.pdf). To the extent possible, both childcare facilities and day camps are ordered to operate under the following conditions:

i. Compliance with CDC Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools and Homes (https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html).

ii. A childcare provider or other program may change the composition of a Childcare Unit or Children’s Extracurricular Activity Unit when necessary to accommodate the needs of a child, to accommodate an unexpected change in a parent’s occupation or work schedule, or due to other extraordinary circumstances, provided that the


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provider or program employ reasonable efforts to minimize the number of such changes over any 4 week period.

iii. If more than one Childcare Unit or Children’s Extracurricular Activity Unit is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other.

iv. Childcare providers or educators shall remain solely with one Childcare Unit or Children’s Extracurricular Activity Unit and must also, not change groups more than once every 4 weeks.

v. Babysitters may also come to the residence to care for children. vi. As of June 12, 2020, the above guidelines for “Childcare and other programs” do

not apply to public and private preschools, early childhood education, and K-12 Schools, which must instead follow the applicable State Guidelines for Schools and School-Based Programs (https://covid19.ca.gov/pdf/guidance-schools.pdf). Additionally, there is no requirement that an individual school’s COVID-19 plan be specifically approved by the Health Officer.

e. Campgrounds operated by governmental entity (e.g., California State Parks) or privately-owned campgrounds permitted pursuant to Mendocino County Code Chapter 20.176 or Chapter 20.468, as applicable and for camping with members of one household, living unit, or Household Support Unit (defined in Section 9.d.i) with strict adherence to the COVID-19 Industry Guidance (https://covid19.ca.gov/pdf/guidance-campgrounds.pdf) and the following restrictions:

i. Each campground operator must have an individual caretaker/manager available on-call 24 hours per day (and to be on site within one hour) to monitor and adhere to COVID-19 Industry Guidance and for COVID-19 related issues. The campground operator must have an employee or contractor (by specific agreement) designated for this purpose. Such name and contact number shall be posted on site and made available upon request to public health authorities.

ii. To the extent feasible, reservations shall be made by phone or online prior to arrival.

iii. Only designated camping spots shall be used and total occupancy is limited to 75% each of tent sites, RV sites, and cabins, on a daily basis, for any purpose (essential worker, essential travel, and/or tourism) to accommodate social distancing and to preserve vacancy for isolation and quarantine purposes.

iv. Each camping site (tent, RV and/or cabin) shall be occupied by no more than one household, living unit or Household Support Unit.

v. Reservations and occupancy of campsites (tent, RV, and/or cabin), must be staggered such that each cabin/unit is vacant for at least 24 hours between each separate occupancy to allow thorough disinfection between each use. Government-owned or operated campgrounds are exempt from this requirement provided that each campsite is thoroughly cleaned between each separate use pursuant to State guidelines regarding the same.

vi. In the event a guest is determined by a medical professional to require isolation or quarantine for COVID-19 while staying in any campground, each campground operator must cooperate with public health authorities, and agree to provide space for guests who are required to isolate or quarantine pursuant to the Health Officer’s isolation and quarantine orders, (https://www.mendocinocounty.org/home/showdocument?id=33708). This may


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include, if deemed safe and appropriate by public health authorities, providing housing, if available for the impacted guests at the campground (such as in cabins with appropriate private bathroom facilities).

vii. For those guests who maintain primary residence in Mendocino County or at such other location as Public Health determines would be safe to travel, Public Health will authorize their return home for isolation and quarantine purposes.

viii. Please reference CDC Guidance (https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/index.html ) explaining the necessity for isolation and quarantine for those diagnosed with or who might have been exposed to COVID-19.

ix. The discontinuation of isolation for guests with COVID-19 or related guests under quarantine, must be determined in direct consultation with the Health Officer and public health authorities.

x. As part of each reservation or booking (and prior to occupancy), each campground operator is required to reach an agreement with guest(s) identifying each adult (with contact mobile phone number(s)) and signed by each adult, including the following provisions: (1) An agreement to comply with the operative County Shelter-in-Place orders; (2) An agreement to comply with any and all isolation/quarantine orders and

contract tracing required by County public health authorities, in the event a guest is determined by a medical professional to require isolation or quarantine for COVID-19;

(3) An agreement to provide housing on-site if deemed safe and appropriate by public health authorities.

(4) An agreement governing the allocation of costs (for housing, food and basic essential needs) in the event a guest, without primary residence in the County, is determined by a medical professional to require isolation or quarantine for COVID-19 during their stay;

(5) A disclaimer that it is the obligation of the guest(s) to fully comply with any such allocation of costs without recourse against the County of Mendocino.

(6) Government-owned or operated campgrounds are exempt from this guest agreement requirement.

xi. If camping sites (tent, RV and cabin) are immediately adjacent to one another and booked by separate household or Household Support Unit, there shall be one closed camping site in between each occupied site in order to facilitate adequate distance between different households, living units, or Household Support Units. Government-owned or operated campgrounds are exempt from this requirement.

xii. Playgrounds, conferences spaces, or meeting rooms should be closed, except for restrooms, filling stations, RV dump stations, propane filling stations, food lockers, dishwashing stations, and drinking water stations, which must be frequently cleaned and disinfected.

xiii. All public events or concentrated gatherings at campgrounds or RV parks, including group bonfires, group campsites, presentations at outdoor amphitheaters, musical or other performances, or other events must be cancelled or postponed. Each campground operator (other than those government-owned or operated) must self-certify and prepare a Safe Business Re-opening Plan (including a site-specific protection plan) as referred to in Section 6) which will be accessible to the public at: https://www.mendocinocountybusiness.org/self-certified-businesses/.


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Such Safe Business Re-Opening Plan must include the contact information for the individual caretaker who will be available on site within one hour in the event of COVID-19 related issues.

f. Charter Boats (e.g., guided fishing) may operate with only as many guest onboard as the boat can properly accommodate with at least 6 feet of social distancing between members of different households, living units, and Stable Bubbles. The operator must ensure proper sanitation and hygiene, including frequent disinfection of high touch surfaces, life vests and equipment. The operator must ensure the boat, staff and passengers following these additional restrictions:

(1) Rod holders must be spaced at least 6 feet apart from each other; (2) Boats must prohibit shared handling of equipment or other items, i.e., bait and

tackle or binoculars; (3) Before boarding, passengers must wait on the dock at least six feet apart; (4) Passengers must not shake hands, share food or drinks, or engage in any

physical contact with members of other households or living units, with crew members or the captain;

(5) Passengers may bring hand-held lunch coolers only (no large coolers are allowed);

(6) The crew, captain, and passengers are required to wear face coverings at all times (except when eating or drinking);

g. Per State Order effective July 13, 2020, all counties in California must close all operations (both indoor and outdoor) of bars, brewpubs, breweries, and pubs, statewide. Additionally, all counties in California must close indoor operations (only) in the following sectors:

i. Restaurants. Restaurants and other facilities that prepare and serve food, must close indoor operations, and may open but only for outdoor dining, delivery, drive through, or carry-out of meals and must follow the specific COVID-19 Industry Guidance: Restaurants providing outdoor dining, takeout, drive-through, and delivery (https://files.covid19.ca.gov/pdf/guidance-outdoor-restaurants.pdf) which includes requirements for worksite specific COVID-19 prevention plan, comprehensive risk assessment of all work areas, employee training, individual control measures and screening, cleaning and disinfection protocols, and social distancing guidelines.

(1) Outdoor capacity is restricted to no more customers than there are available seats in the establishment and accounting for required minimum social distancing of at least six feet between members of different households, living units or Stable Bubbles. All grouped seated is restricted to only those within the same Stable Bubble.

(2) Display Requirements: Such establishments should display a set of clearly visible rules for customers and restaurant personnel at the restaurant entrance(s) that are to be a condition of entry. The rules could include instructions to use hand sanitizer, maintain physical distance from other customers, avoid unnecessary touching of restaurant surfaces, contact information for the local health department, and changes to restaurant services. Whenever possible, the rules should be available digitally, include pictograms,


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and included on/with menus. For example, please see Mendocino County’s infographic for Stable Bubbles (https://www.mendocinocounty.org/home/showdocument?id=35704)

(3) Screening and Use of Facial Coverings: Guests and visitors should be screened for symptoms upon arrival, asked to use hand sanitizer, and to bring and wear a face covering when not eating or drinking. Appropriate signage should also be prominently displayed outlining proper face covering usage and current physical distancing practices in use at all entrances and throughout the property.

(4) Restaurants providing outdoor dining, takeout, drive-through pick-up, and delivered meals may only sell alcohol when purchased in the same transaction as a meal and must discontinue the serving of any alcohol by 8:00 P.M. Operations that are currently authorized to provide off sale beer, wine, and spirits to be consumed off premises should follow the guidance for retail operations and offer curbside sales only, until local and/or statewide rules allow additional retail activity. Produces of beer, wine, and spirits should follow the guidance for manufacturing operations.

(5) Please note this is not intended to open up outdoor concert, performance, or entertainment venues. Such establishments should remain closed until they are allowed to resume modified or full operation through a specific reopening order or guidance. Establishments that serve full meals must discontinue this type of entertainment until these types of activities are allowed to resume modified or full operation.

(6) All events or gatherings that would bring together persons from different household, living unit, or Stable Bubble, such as private parties, must be cancelled or postponed until further notice

ii. Wineries and tasting rooms must close indoor operations. (1) All such establishments must discontinue serving alcohol at 8:00

P.M.; (2) Outdoor capacity is restricted to no more customers than there are

available seats in the establishment and accounting for required minimum social distancing of at least six feet between members of different households, living units or Stable Bubbles. All grouped seated is restricted to only those within the same Stable Bubble.

(3) All such establishments will be responsible for monitoring the social distancing of its patrons, including discontinuing serving alcohol to any patron who appears to be unable to comply with social distancing as a result of alcohol or other substances;

(4) Reservations and appointments are encouraged when possible, to ensure proper social distancing between members of separate households, living units or Stable Bubbles, and to facilitate thorough cleaning and disinfection between each reservation and appointment;

(5) Menus must be disposable, digitally available, or made viewable from video-screens or “no touch” pads;


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(6) Refrain from using equipment such as “drop stops”, or allowing bottle necks to make contact with patron’s used cup, glass etc.;

(7) Utilize “contactless” payment methods to the extent practicable; (8) Discontinue the use of communal dump buckets, spit buckets,

spittoons, etc. and provide individual, disposable cubs to patrons; (9) Such venues if currently authorized to sell beer, wine, and spirits to

be consumed off premises should follow the guidance for retail. Producers of beer, wine, and spirits should follow the guidance for manufacturing. Please note this is not intended to open up outdoor concert, performance, or entertainment venues.

iii. Movie theaters must close indoor operations. iv. Family entertainment centers (for example: bowling alleys, miniature golf,

batting cages and arcades), must close indoor operations. v. Zoos and museums must close indoor operations.

h. Places of Worship may open for in-person religious services and cultural ceremonies provided that each such establishment follow the specific COVID-19 Industry Guidance: Places of Worship, et al. (https://covid19.ca.gov/pdf/guidance-places-of-worship.pdf) and each of the following restrictions in subsections i. through v. below. Such establishments should also continue to encourage and facilitate remote services and other related activities for those who are vulnerable to COVID-19 including older adults and those with co-morbidities.

i. For purposes of this Order “Places of Worship” includes venues such as churches, mosques, temples and synagogues, which traditionally engaged in the practice of religious services or cultural ceremonies prior to the initial Health Officer Orders issued on March 17, 2020. “Places of Worship” does not include any venue whose sole religious or cultural function consists of renting the venue to others for discrete events (e.g., commercial wedding venues, event centers, conference centers, etc.).

ii. In order to determine the capacity restrictions required by the State Guidance for Places of Worship (i.e., 25% of building capacity or a maximum of 100 attendees, whichever is lower), such venues must rely on the maximum occupancy for the building as originally determined by the Fire Chief in the District where the venue is located, (e.g., Anderson Valley, Fort Bragg, Hopland, Ukiah, or Willits), and for all other areas, by the County Building Official.

iii. In addition to the State Guidance, a Place of Worship may only hold a single religious service or cultural ceremony or activity at any one time on its grounds which share amenities such as parking lots and restroom facilities.

iv. A Place of Worship may hold multiple religious services or cultural ceremonies in one day, provided that there are sufficient breaks between each scheduled service such that all participants have left the grounds, including parking lots and restroom facilities, and there has been sufficient time for and completion of thorough disinfection of the venue and all other touch surfaces (e.g., microphones, stands, music stands, instruments, items on pulpits and podiums and as specifically referenced in the COVID-19 Industry Guidance).


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v. A Place of Worship may hold an outdoor religious service or cultural ceremony on its grounds at an amount provided that the grounds can accommodate sufficient social distancing, hygiene and disinfection pursuant to State Guidance (https://covid19.ca.gov/pdf/guidance-places-of-worship.pdf), and there are sufficient parking and restroom amenities to accommodate the increased capacity with all appropriate social distancing.

vi. Note: The above limitations on in-person religious services and cultural ceremonies at Places of Worship will be reviewed at least once every 21 days beginning May 28, 2020, to assess the impacts of these imposed limits on public health and provide further direction as part of phased-in restoration of gatherings that implicate the First Amendment.

i. Funeral services may open with strict adherence to the same capacity restrictions and other guidelines outlined in the COVID-19 Industry Guidance: Places of Worship, et al. (https://covid19.ca.gov/pdf/guidance-places-of-worship.pdf). ADD re outdoor services

j. Certain therapeutic services, except for those which are purely non-medical, as specifically identified below and with the following restrictions:

i. Individual massage therapy provided that both therapist and patient are wearing a facial covering and the therapist, clinic, and/or business ensures only one massage occurs per room at a time and establishes frequent disinfection, including between each massage. Additionally, massage therapists should follow all applicable health and safety protocols found at https://covid19.ca.gov/industry-guidance/.

ii. Chiropractic, Acupuncture and related therapy provided that both the doctor/clinician and patient are wearing a facial covering and the doctor/clinician, clinic, and/or business ensures only one appointment occurs per room at a time and establishes frequent disinfection, including between each appointment. Additionally, doctor, clinic, and/or business should follow all applicable health and safety protocols found at https://covid19.ca.gov/industry-guidance/.

iii. To the extent any such therapeutic services involve treatment of the head, face or mouth, additional protective measures are required. These measures must be in addition to and not a substitute for the use of facial coverings. Such additional protective measures may include installing plexiglass or other physical barrier, or the wearing of face shields by the worker, i.e., a piece of rigid, clear plastic attached to a headband which covers the entire face extending from the forehead to below the chin.

k. Transient Lodging. With the exception of unlicensed campgrounds (e.g., rentals of private land for tourist-based camping, glamping and RV travelers) and short term rentals of space within occupied units (e.g., occupied units with shared facilities) which are not permitted, all Transient lodging (defined as the provision of lodging services for a period of thirty (30) calendar days or less) and including Vacation Rentals (defined as the short-term rental of unoccupied single dwelling units, e.g., house, apartment, duplex, condominium, cottage, yurt, etc.), for tourism and individual travel, may open with strict adherence to the COVID-19 Industry Guidance for the same (https://covid19.ca.gov/pdf/guidance-hotels-lodging-rentals.pdf) and pursuant to the following additional restrictions:


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i. Each transient lodging operator (including Vacation Rentals) must have an individual caretaker/manager available on-call 24 hours per day (and to be on site within one hour) to monitor and adhere to COVID-19 Industry Guidance, and for COVID-19 related issues. The transient lodging operator must have an employee or contractor (by specific agreement) designated for this purpose. Such name and contact number of the responsible caretaker/manager shall be posted on site and made available upon request to public health authorities.

ii. To the extent feasible, reservations shall be made by phone or online prior to arrival.

iii. Each room, unit, or Vacation Rental (regardless of size) shall be occupied by no more than one household or living unit, which can include no more than 4 adults and the children of that household.

iv. Reservations and occupancy for each multi-room or multi-unit establishment (i.e., hotel, motel, bed and breakfast, etc.) for any purpose (essential worker, essential travel, and/or tourism) is limited to a maximum of 75% of each establishment’s rooms/units on a daily basis to preserve vacancy for isolation and quarantine purposes and other pandemic response, such as pandemic frontline workers in the event of surge capacity. Any rooms or lodging that are occupied for long term rental shall not be counted in the maximum 75% daily occupancy for Transient Lodging. For Vacation Rentals, a cancellation policy is required to allow any booking impacted by isolation and quarantine for COVID-19 to remain on site for the duration of the duration of the isolation and quarantine period.

v. Reservations and occupancy of rooms or units for each establishment, must be staggered such that each room/unit is vacant for at least 24 hours between each separate occupancy (48 hour vacancy required for all Vacation Rentals) to allow thorough cleaning in a safe manner and disinfection between re-occupancy, and in the case of Vacation Rentals the possible need for extended stay due to isolation and quarantine due to COVID-19.

vi. In the event a guest is determined by a medical professional to require isolation or quarantine for COVID-19, while staying in any transient lodging, each transient lodging operator must agree to cooperate with public health authorities, and to provide and deliver housing, food and essential needs for guests who are required to isolate or quarantine pursuant to the Health Officer’s isolation and quarantine orders, (https://www.mendocinocounty.org/home/showdocument?id=33708), and specifically as follows:

(1) Except for guests who maintain primary residence in Mendocino County, each transient lodging operator, must provide space for all impacted guest(s) in the shared room, by isolating the guest(s) with COVID-19 in a separate room from guests required to quarantine, and deliver food and basic essential needs for all impacted guests in the shared reservation, unless and until all impacted guests are released from any isolation and quarantine orders by the appropriate public health authorities. For those guests who maintain primary


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residence in Mendocino County or at such other location as Public Health determines would be safe to travel, Public Health will authorize their return home for isolation and quarantine purposes

(2) Please reference CDC Guidance (https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/index.html) explaining the necessity for isolation and quarantine for those diagnosed with or who might have been exposed to COVID-19.

(3) The discontinuation of isolation for guests with COVID-19 or related guests under quarantine, must be determined in direct consultation with the Health Officer and public health authorities.

vii. As part of each reservation or booking (and prior to occupancy), each transient lodging operator is required to reach an agreement with guest(s) identifying each adult (with contact mobile phone number(s)) and signed by each adult, including the following provisions:

(1) An agreement to comply with the operative County Shelter-in-Place orders;

(2) An agreement to comply with any and all isolation/quarantine orders and contract tracing required by County public health authorities, in the event a guest is determined by a medical professional to require isolation or quarantine for COVID-19;

(3) An agreement to provide space for guests, without primary residence in Mendocino County, for isolation and/or quarantine purposes in the event a guest is determined by a medical professional to require isolation or quarantine for COVID-19.

(4) An agreement governing the allocation of costs (for housing, food and basic essential needs) in the event a guest, without primary residence in the County, is determined by a medical professional to require isolation or quarantine for COVID-19 during their stay;

(5) A disclaimer that it is the obligation of the guest(s) to fully comply with any such allocation of costs without recourse against the County of Mendocino.

viii. Any rental unit intended for large gatherings, including conferences and meetings, should not be opened until such operations are permitted to resume.

ix. Public saunas, steam rooms and hot tubs should remain closed in any transient lodging establishment. Private hot tubs in such establishments for use by only one household are permitted provided that they are drained and cleaned in between each reservation’s use.

x. Each transient lodging operator must self-certify and prepare a Safe Business Re-opening Plan, including a site specific protection plan (as referenced in Section 6 of this Order) which will be accessible to the public at: https://www.mendocinocountybusiness.org/self-certified-businesses/. Such Safe Business Re-Opening Plan must include the details required by applicable State Guidance and the following additional information:


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(1) Contact information for responsible individual caretaker who will be available on site within one hour in the event of COVID-19 related issues.

(2) A detailed plan for the provision and delivery of housing, food and basic essentials in the event a guest is determined by a medical professional to require isolation or quarantine for COVID-19.

l. Gyms and Fitness Facilities with strict adherence to the COVID-19 Industry Guidance (https://covid19.ca.gov/pdf/guidance-fitness.pdf).

m. Personal care services which includes: (1) personal care that requires touching a client’s face or body, e.g., facials, electrolysis, and waxing; (2) esthetician, skin care, and cosmetology services; (3) electrology; (4) nail salons, body art professionals, tattoo parlors, and piercing shops; (5) and massage therapy (in non-healthcare settings). These personal care services may open with strict adherence to the COVID-19 Industry Guidance: Expanded Personal Care Services (https://covid19.ca.gov/pdf/expanded-personal-services.pdf), including, but not limited to the “Additional Considerations” for each particular field, as noted in the Guidance, and the following requirements:

i. Workers must wear a face covering throughout the entire interaction with the customer. Customers must face coverings at all times while in the facility, except when the face covering must be removed for the performance of services involving that part of the face. Facilities should provide clean face coverings for all staff and make them available to customers, if possible.

ii. Personal care service businesses are required to take additional measures to protect the worker from exposure when working on a customer’s head, face, or mouth. These measures must be in addition to and not a substitute for the use of facial coverings. Such additional protective measures may include installing plexiglass or other physical barrier, or the wearing of face shields by the worker, i.e., a piece of rigid, clear plastic attached to a headband which covers the entire face extending from the forehead to below the chin.

13. For purposes of this Order, clothing sold in businesses allowed to operate under this Order, shall not be sold in any manner which allows the customer to try on before a purchase is made.

14. For purposes of this Order, any business providing food, whether in retail establishment or restaurant, may not allow the provision of food by self-service from the customer, including the handling of shared utensils by customers for self-service of bakery items, deli items, soups, salads, shared condiment dispensers, or other similar food items, which cannot be washed by the customer prior to consumption.

15. For purposes of this Order, residences include hotels, motels, shared rental units and similar

facilities. Residences also include living structures and outdoor spaces associated with those living structures, such as patios, porches, backyards, and front yards.


of 28 July 13, 2020

16. People at high risk of severe illness from COVID-19 and people who are sick are ordered to stay in their residence to the extent possible except as necessary to seek medical care. These people should make a reasonable effort to avoid leaving home by utilizing delivery services, telecommunications, or other means available. Nothing herein prevents a person at high risk of severe illness from leaving home for the reasons otherwise allowed under this Order, if the activity, business, or other permissible conduct cannot reasonably be accomplished at their place of residence. For purposes of this Order, “people at high risk of severe illness” from COVID-19 are people who meet the CDC definition of higher risk. Based upon available information to date, those at high-risk for severe illness from COVID-19 include: a. People aged 65 years and older. b. People who live in a nursing home or long-term care facility. c. Other high-risk conditions could include:

i. People with chronic lung disease or moderate to severe asthma. ii. People who have serious heart conditions. iii. People who are immunocompromised including cancer treatment. iv. People of any age with severe obesity (body mass index [BMI] >40) or certain

underlying medical conditions, particularly if not well controlled, such as those with diabetes, renal failure, or liver disease might also be at risk.

d. Please note, many conditions can cause a person to be immunocompromised, including cancer treatment, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications. For purposes of this Order, an employer shall not knowingly allow an employee to work sick in violation of this section.

17. Recreational sites. For purposes of this Order, all recreational sites, including parks,

playgrounds, beaches, and navigable waterways for recreational purposes may be opened for those outdoor activities allowed under this Order under this conditions that (1) the owner, operator and/or agency responsible for the recreation site has chosen to allow the recreation site to be open, and (2) the owner, operator and/or agency responsible for the recreation site has adopted a social distancing protocol for each such recreation area, which it has publicly posted at the recreational site. Individuals are urged to only use those recreational sites to within fifty (50) miles of their residence, in order to help slow the spread of the virus. Congregational areas in recreation sites, such as picnic tables, canopy areas, and playground equipment are closed, and must be designated as such before a recreational site is opened pursuant to a social distancing protocol. A Social Distancing and Hygiene Protocol for a recreation site shall include: a. Identification, closure, and a means of marking any congregational areas, such as picnic

tables, canopy areas, and playground equipment; b. A method to avoid crowding or the use of the recreation site by any number of people too

large to allow for social distancing; c. A plan for sanitation and/or restrooms that ensures an adequate supply of soap or hand

sanitizer and advises visitors to wash hands frequently, or a plan for notifying visitors of the lack of such facilities;

d. Posting a sign at the entrance of the recreation area informing all that they should: i. avoid entering the recreation site if they have a cough or fever; ii. maintain a minimum six-foot distance from persons who are not part of the same

household or living unit;


of 28 July 13, 2020

iii. sneeze and cough into one’s elbow; iv. not shake hands or engage in any unnecessary physical contact; v. wear facial coverings at all times; vi. not use any facilities or equipment that are closed; and vii. not engage in sports or other activities that use shared equipment.

e. All public pools and Shared Pools (defined as an indoor or outdoor swimming pool that ordinarily involves access or use by more than one household or living unit) may open with strict adherence to the “Additional Considerations for Swimming Pools / Aquatic Venues” referenced in the Industry Guidance: Fitness Facilities (https://covid19.ca.gov/pdf/guidance-fitness.pdf) and as to Outdoor Recreation (https://covid19.ca.gov/pdf/guidance-campgrounds.pdf) and compliance with all of the following requirements:

i. Please note that public saunas, steam rooms, and hot tubs should remain closed. ii. Change the deck layout and other areas surrounding the pool to ensure that the

standing and seating areas can support social distancing requirements. iii. Consider implementing reservations for pool use or implementing other

mechanisms to support social distancing. iv. Cleaning and disinfecting frequently touched surfaces in between each time they

are used (e.g., handrails, kickboards, door handles, surfaces of restrooms, handwashing stations etc.) and for indoor shared pools, ensuring proper ventilation.

v. Increased water sanitation levels (within safe limits), e.g., maintaining proper disinfectant levels (1-10 parts per million free chlorine or 3-8 ppm bromine) and a pH of 7.2-8.

vi. Posting visible markers on the floor to indicate appropriate spacing on the pool deck, entrances, etc., to ensure that staff, patrons, and swimmers stay at least six feet apart from one another, both in and out of the water.

vii. Lower the pool occupancy to reduce crowding and prohibit parties and activities that promote group gathering. Only the following permissible group activities may occur per pool, and at separate times than general public use:

a. By Childcare Unit or Children’s Extracurricular Unit at one time with breaks in between each unit to allow for proper and thorough cleaning and sanitation. Childcare provider, swim team coach, and/or swim instructor is counted as part of the Childcare Unit or Children’s Extracurricular Activity Unit and also, not change groups more than once every 4 weeks;

b. By a Work Group of up to 12 individuals for lifeguard training; c. For pool-based physical therapy or exercise (as recommended for health

reasons) for up to 12 individuals at one time, per pool, with all individuals maintaining at least six feet physical distance from each other;

d. For lap swimming by all individuals, limited to one swimmer per lane, except members of the same household, living unit or Stable Bubble may occupy a single lane. Any lap swimming must occur at fixed time(s) when there are no other groups present, such as a Childcare Unit or Children’s Extracurricular Unit.

e. Additionally pools can be reserved by Stable Bubble, for exclusive use by only that Stable Bubble.

f. For the purposes of this section, a public recreation area that has no owner, operator, and/or responsible agency (such as unmanaged land subject to the public trust doctrine), shall be considered to have adopted a social distancing protocol when it is accessed


of 28 July 13, 2020

through property whose owner, operator and/or responsible agency has adopted a social distancing protocol under this section. In the event of crowding, recreation sites may be closed by the Health Officer on a case by case basis.

18. Government agencies and other entities operating shelters and other facilities that house or

provide meals or other necessities of life for individuals experiencing homelessness must take appropriate steps to help ensure compliance with Social Distancing Requirements, including the adopting and posting of a Social Distancing and Hygiene Protocol and adequate provision of hand sanitizer, soap and water, or other disinfectant. Also, individuals experiencing homelessness who are unsheltered and living in encampments should, to the maximum extent feasible, abide by 12 foot by 12 foot distancing for the placement of tents, and government agencies should provide restroom and hand washing facilities for individuals in such encampments as set forth in Centers for Disease Control and Prevention Interim Guidance Responding to Coronavirus 2019 (COVID-19) Among People Experiencing Unsheltered Homelessness (https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/unsheltered-homelessness.html).

19. To the extent the Sheriff or any chief of police has any questions regarding the definitions under this Order, the Health Officer hereby delegates authority to County Counsel to answer such questions in writing.

20. Pursuant to Government Code sections 26602 and 41601, Health and Safety Code section

101029 and Penal Code section 409.5(a), the Health Officer requests that the Sheriff and chiefs of police in the County ensure compliance with and enforce this Order. The violation of any provision of this Order constitutes an imminent threat to public health and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.

21. This Order is effective for the period beginning at 11:59 p.m. on July 13, 2020, and may be

rescinded, superseded, or amended in writing by the Health Officer. 22. This Order revokes and replaces the Order of the Health Officer originally issued on July 3,

2020, and all previous Shelter in Place Orders. 23. Copies of this Order shall promptly be: (1) made available at County of Mendocino Executive

Office, County Administration Building, 501 Low Gap Road, Ukiah, California 95482 (2) posted on the County website www.mendocinocounty.org and (3) provided to any member of the public requesting a copy of this Order.

24. If any provision of this Order to the application thereof to any person or circumstance is held to

be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.

Date:__7.13.2020_______________ Issued by:______________________________________ Noemi Doohan M.D. PhD., Time:___6:30 p.m.______________ Health Officer, County of Mendocino


of 28 July 13, 2020

APPENDIX A-1 to Health Officer’s Order SOCIAL DISTANCING AND HYGIENE PROTOCOL

COVID-19 PREVENTION Business name: Facility Address: Approximate gross square footage of space open to the public: Signage:

☐Signage at each public entrance of the facility to inform all employees and customers that they

should: avoid entering the facility if they have a cough or fever; maintain a minimum six-foot distance from one another; sneeze and cough into a cloth or tissue or, if not available, into one’s elbow; and not shake hands or engage in any unnecessary physical contact.

☐Signage posting a copy of the Social Distancing Protocol at each public entrance to the facility.

Measures To Protect Employee Health (check all that apply to the facility):

☐Everyone who can carry out their work duties from home has been directed to do so.

☐All employees have been told not to come to work if sick.

☐Symptom checks are being conducted before employees may enter the work space.

☐All desks or individual work stations are separated by at least six feet.

☐Break rooms, bathrooms, and other common areas are being disinfected frequently, on the

following schedule:

☐Break rooms:

☐Bathrooms:

☐Other ( ):

☐Disinfectant and related supplies are available to all employees at the following location(s):

☐Hand sanitizer effective against COVID-19 is available to all employees at the following

location(s):

☐Soap and water are available to all employees at the following location(s):

☐Copies of this Protocol have been distributed to all employees.

☐ Describe other measures:

Measures To Prevent Crowds From Gathering (check all that apply to the facility):

☐Limit the number of customers in the store at any one time to [insert maximum number here], which

allows for customers and employees to easily maintain at least six-foot distance from one another at all practicable times.

☐Post an employee at the door to ensure that the maximum number of customers in the facility

set forth above is not exceeded.

☐Placing per-person limits on goods that are selling out quickly to reduce crowds and lines.

Explain:


of 28 July 13, 2020

☐Optional—Describe other measures:

Measures To Keep People At Least Six Feet Apart (check all that apply to the facility):

☐Placing signs outside the store reminding people to be at least six feet apart, including when in

line.

☐Placing tape or other markings at least six feet apart in customer line areas inside the store and

on sidewalks at public entrances with signs directing customers to use the markings to maintain distance.

☐Separate order areas from delivery areas to prevent customers from gathering.

☐All employees have been instructed to maintain at least six feet distance from customers and

from each other, except employees may momentarily come closer when necessary to accept payment, deliver goods or services, or as otherwise necessary.


Measures To Prevent Unnecessary Contact (check all that apply to the facility):

☐Preventing people from self-serving any items that are food-related.

☐Lids for cups and food-bar type items are provided by staff; not to customers to grab.

☐Bulk-item food bins are not available for customer self-service use.

☐Not permitting customers to bring their own bags, mugs, or other reusable items from home that

must be handled by employees. Customers bringing their own reusable items that do not require handling by employees is permissible.

☐Providing for contactless payment systems or, if not feasible, sanitizing payment systems

regularly. Describe:

☐Optional—Describe other measures (e.g. providing senior-only hours):

Measures To Increase Sanitization (check all that apply to the facility):

☐ Businesses and facilities re-opening should comply with the CDC Reopening Guidance for

Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools and Homes (https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html)

☐Disinfecting wipes that are effective against COVID-19 are available near shopping carts and

shopping baskets.

☐Employee(s) assigned to disinfect carts and baskets regularly.

☐Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the

entrance of the facility, at checkout counters, and anywhere else inside the store or immediately outside where people have direct interactions.

☐Disinfecting all payment portals, pens, and styluses after each use.

☐Disinfecting all high-contact surfaces frequently.


* Any additional measures not included here should be listed on separate pages, which the business should attach to this document.


of 28 July 13, 2020

You may contact the following person with any questions or comments about this protocol: Name: Phone number:


of 28 July 13, 2020

APPENDIX A-2

Signs can be downloaded at: https://www.mendocinocounty.org/business/business-resource-for-covid-19

Download 8.5 x 11 Download 8.5 x 11 Download 11 x 17 Download 11 x 17


of 28 July 13, 2020

APPENDIX B to Health Officer Order CONSTRUCTION SAFETY PROTOCOL COVID-19 PREVENTION

The following are required elements of a Social Distancing and Hygiene Protocol for construction businesses engaged in allowed construction activity under this Order.

1. If requested, submit to the appropriate County Representative the new or updated

Social Distancing Protocol consistent with these guidelines;

2. Establish an assembly point for staff, before the start of work each day that complies with the recommended social distancing parameters;

3. Establish a daily screening protocol for arriving staff, to ensure that potentially infected staff

do not enter the work site. If workers leave and re-enter the work site during the shift, re- screen individuals prior to re-entry into the work site;

4. Provide a daily tailgate session reviewing site protocols to mitigate potential spread of the

virus. As information is changing continuously regarding COVID-19, these tailgates should occur daily and contractors should document attendance and require worker signatures;

5. Designate a Site Safety Rep (SSR) to monitor and implement all recommended safety

practices regarding the COVID-19 virus with all contractor staff members. Labor supervisors must have the authority, through consultation with the SSR, to halt all activities that do not adhere to the COVID-19 safety practices. The SSR should have training commensurate with this hazard and all required industrial hygiene practices that may be required on the job site. This person will be responsible to maintain supplies of disinfectants and make sure that workers follow decontamination, hand washing, and distancing;

6. For work sites where multiple employers share the same work space, inform all employers

about each Social Distancing Protocol and site-specific COVID-19 Construction Field Safety Requirements. Where one contractor enters the space of another contractor, the most stringent protocol or guideline will be followed. Stagger the trades as needed to reduce density and maintain social distancing and separation of at least 6 feet. Minimize interactions when picking up or delivering equipment or materials;

7. Regularly clean and sanitize trailers, toilets, and other enclosed spaces;

8. Social distancing must be maintained in elevators and lifts. Establish a regular cleaning and

disinfection schedule for elevators and lifts. Identify other “choke points” or “high-risk areas” where persons may come into close contact, and take appropriate steps to maintain social distancing and hygiene;

9. Establish a cleaning and decontamination protocol prior to entry and exit of the job site.

Establish a similar cleaning protocol within the job site area;


CARMEL J. ANGELO

Chief Executive Officer Clerk of the Board

CONTACT INFORMATION

501 Low Gap Road Room 1010 Ukiah, California 95482

TELEPHONE: (707) 463-4221 FAX: (707) 463-7237

Email: [email protected] Web: www.mendocinocounty.org

/government/board-of-supervisors

COUNTY OF MENDOCINO BOARD OF SUPERVISORS

THE BOARD OF SUPERVISORS

CARRE BROWN JOHN MCCOWEN JOHN HASCHAK DAN GJERDE TED WILLIAMS First District Second District Third District Fourth District Fifth District

10. Establish cleaning and/or hand washing stations within the work areas. They should be of sufficient quantity to allow staff to remain within the work areas without exiting into break areas. It is critical to adequately maintain these stations continuously;

11. Establish adequate time in the workday to allow for proper cleaning and decontamination

including prior to leaving the job site for the day;

12. Ensure easy access to parking, since public transit may be limited;

13. Assign a second safety officer to the construction site to ensure protocols are being followed;

14. Ensure all persons utilize appropriate personal protective equipment, including facial coverings or masks, depending on the nature of the work; and

15. Establish a Code of Safety Practices that will at a minimum require staff/labor to follow the

following practices during the course of their work:

a. If you feel sick, or have been exposed to anyone who is sick with COVID-19, stay at home. You may be required to provide COVID-19 test result showing a negative result (not infected with COVID-19) before being allowed to return to work. This is critical to preventing spread of the virus.

b. Wash hands frequently for at least 20 seconds with soap and water. Avoid touching your face with un-sanitized hands. Avoid touching common surfaces with bare hands.

c. Constantly observe your work distances in relation to other staff. Maintain the recommended minimum 6 feet separation from one another at all times feasible. Do not shake hands or make other unnecessary direct contact with other staff.

d. Do not carpool with other staff unless they are family members living within your household. Do not share phones. Use of microwaves, water coolers, and other similar group equipment for breaks is suspended until further notice.

e. Clean and disinfect personal tools prior to use, as well as group tools.

f. Disposable paper towels and similar waste must be deposited in non-touch waste bins.

g. Do not cough or sneeze into your hand; rather, direct coughs and sneezes into a cloth or tissue or, if not available, the crook of your arm at your elbow; follow established CDC guidelines.

h. Workers should change work clothes and shoes prior to arriving at home. All clothing should not be shook out. Launder work clothes separate from other laundry.


of 28 July 13, 2020

APPENDIX C-1 to Health Officer Order RECREATIONAL SAFETY PROTOCOL COVID-19 PREVENTION

(GOLF) Golf Site Requirements Use of golf courses and driving ranges authorized by this Order shall

comply with the following requirements: 1. All employees will be trained on proper sanitation, as outlined by the CDC. 2. Staff will regularly sanitize all touch points. 3. All employees and customers will be required to follow Federal, State, and local

guidelines for social distancing, e.g., by maintaining at least 6-foot distance from others. 4. Tee reservations must be limited to four players or less, to ensure social distancing

requirements can be met at all times. 5. No shared equipment. 6. Walking or single rider only on carts (unless by family members currently sheltering in the

same residence). 7. Carts to be cleaned and sanitized with soap, bleach or disinfectant after after-each use. 8. Mendocino County residents only. 9. No tournament style events. 10. No private lessons, group instruction or clinics. 11. No private club cleaning by personnel. 12. Check in for round must require no physical interaction with golf site staff, who must stay

six feet or more from golfers. 13. Remove hand towels, ice chests with water, seed/sand bottles, on-course bunker rakes,

community tees, and scorecards and pencils. 14. Public drinking fountains and ball washers are to be covered and closed. 15. Cups must be raised, inverted or otherwise altered so that the ball can easily be picked up

without touching the cup. 16. Flag sticks must be removed or designed as no touch and left in at all times. 17. Driving Range Restrictions:

a. Hitting stations will be a minimum of six feet apart. b. Balls will be thoroughly cleaned with soap, bleach or disinfectant after each pick of the

range and before they are placed back on the range. c. All range staff attendants must wear gloves and must wear face coverings in

compliance with current health officer orders. d. Golf clubs shall not be shared or rented. e. Range buckets must be disinfected after each golfer use.

18. Post, in areas visible to all workers, required hygienic practices including not touching face with unwashed hands or with gloves; washing hands with soap and water for at least 20 seconds; use of hand sanitizer with at least 60% alcohol, cleaning and disinfecting frequently touched objects and surfaces such as workstations, keyboards, telephones, handrails, machines, shared tools, and doorknobs; covering the mouth and nose when coughing or sneezing as well as other hygienic recommendations by the CDC.

19. Golf courses and driving ranges shall designate a site-specific COVID-19 supervisor to enforce this guidance. The designated COVID-19 supervisor shall be present on site at all times during golfing activities. The COVID19 supervisor can be an on-site worker who is designated to carry this role.


EXHIBIT “E”


Gavin Newsom O @Gavin Newsom - May 30

Millions of people are lifting their voices in anger -- rightfu lly outraged at the systemic racism that persists in America.

Our state and nation must build f rom this moment -- united and more resolved than ever -- to address the reality of racism and its root causes.

Q 3.6K t_l, 4K (:? 19.SK

Gavin Newsom O @Gavin Newsom - Jun 5 Protesters have the right to protest peacefully -- not be harassed. Not be shot at by rubber bu llets or tear gas.

Today I am calling for the creation of a new statewide standard for use of force in protests. Acts of v iolence against peaceful protesters will not be tolerated.

Q 8.SK t.1, 26.6K (:? 122.4K

V

V


Gavin Newsom Retweeted

ABC30 Fresno0 @ABC30 · Jun 19 V

A day before Juneteenth, the City of Fresno officially made June 18th "Black Lives Matter Day" in the city - and hundreds came together to paint the street in front of City Hall.

Hundreds gather to paint Black Lives Matter street art

Hundreds of people grabbed their brushes and their chalk and gathered to paint "Black Lives Matter· on a normally busy street in Fresno.

c9 a bc30.com

Q 73 t.l, 238 C'.) 975


EXHIBIT “F”


7/12/2020 Governor Newsom Statement on Demonstrations Across California and the Passing of Federal Officer | California Governor

https://www.gov.ca.gov/2020/05/30/governor-newsom-statement-on-demonstrations-across-california-and-the-passing-of-federal-officer/ 1/1

Governor Newsom Statement onDemonstrations Across California and thePassing of Federal O�icer

Published: May 30, 2020

State is actively monitoring violent extremist organizations ahead of activities this evening

SACRAMENTO – Governor Gavin Newsom issued the following statement today on the demonstrations across California:

“Over the last few days, we have seen millions of people li� their voices in anger, rightfully outraged at how systemic racism is allowed to persist. Everysingle day, people of color are disadvantaged and discriminated against. Black and Latino men in particular face mortal danger all across this countrysimply because of their race. Every person who has raised their voice should be heard.

“I want to thank all those who helped protect human life last night and today – from community members who exercised their right to protest peacefullyand encouraged others to do the same, to the law enforcement o�icers who faced what were, at times, challenging conditions.

“In California and across the country, there are indications that violent actors may be attempting to use these protests for their own agendas. We areclosely monitoring organizing by violent extremist organizations ahead of tonight. To those who seek to exploit Californians’ pain to sow chaos anddestruction, you are not welcome. Our state and nation must build from this moment united and more resolved than ever to address racism and its rootcauses.”

The Governor also issued a statement today on the passing of a federal o�icer in Oakland:

“This is a moment of pain for our state and nation. We are also mourning the tragic loss of a federal security o�icer and wounding of another in Oakland.Jennifer and I send our sincere condolences to their families, friends and colleagues. No one should rush to conflate this heinous act with the protestslast night. A federal investigation is underway, and we should let that process play out.”

###


JS44 (Rev. 02/19) CIVIL COVER SHEET

The JS 44 civil cover sheet and the inrormation contained herein neither rralace nor supplement the filing and service ol pjeadings or other papers as rrauired by law, ccep* osprovided by local rules of court. This form, approved by the Judicial Conference of the United Stales in September 1974, is required for the use of the Clerk of Coun for thepurpose ofinitiating the civil docket sheet. (SKIi INSTRUCTIONS ON NRAT I'AUK OF 'THIS FORM.)

I. (a) PLAINTIFFS

River of Life Church Assembly of God. Calvary Chapel of Ukiah andCalvary Chapel Fort Bragg

DEFENDANTS

Gavin Newsom, Sonia Angell, M.D.. NoemI Dooham. M.D. andNgoc-Phuong Luu. M.D.

Cntmty of Residence of First Listed Defendant SacramentOmVFITIN us I'UINTIFF CASTS)

(c) Attomcvs (Ftrm f^ame. AUUrexs, and Tdcfihnne Number)TyVr&Bursch.LLPRobert H. Tyler25028 Las Brisas Road. Murrieta. CA 92562; (951) 600-2733

(IN US. PUINTIFFCASFS ONLY)

NOTE: IN LAND CONDE.MNATION CASES. USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

Attorneys (1/ Kmmn)

II. BASIS OF JURISDICTION (Plaeean "X" in One Bar Only)

O 1 U.S. Govcmraent 8 3 Federnl QuestionPloinliff /(/.X davemmem Noi a Party)

G 2 U.S. Government 0 4 DiversityDefendant (Indicate (Utizensftip of Parties in hem III)

III. CITIZENSHIP OF PRINCIPAL PARTIESr/'/flce<»i X"lnOneBoxforrlam,lff(For Un-enity Cases Onir) ami One Bar fur Oe/endani)

PTE DEF PTF DEF

Citizen of Tliis Stale 0 1 O 1 Incoiporated or Prineipal Place 0 4 0 4of Business In Utis State

Citizen of Anotlicr State O 2 O 2 Incoiporated unJ Principal Place 0 5 0 5of Bttsiness In Another Slate

Citizen or Subject of a O 3 0 3 Foreign Nation 0 6 0 6

IV. NATURE OF SUIT (Phcc an "X" in One Box Only)CONTRACT TORTS FORPEITURE/PKNALTV

Click here for: Nature of Suil Code Descriptions.BANKRIIPTCV | OTHER STATUTES"

110 Insurance

120 Marine

130 Miller Act

140 Negotiable Instrument150 Recovery of Overpayment

&. Enforcement ofJudgment151 Medicare Act

152 Recovery of DefaultedStudent Loans

(Excludes Veterans)

153 Recovery of Overpaymentof Veteran's Benefits

160 Stockholders' Suits

190 Other Contract

195 Contract Product Liability196 Franchise

c REALPROPERTV

PERSONAL INJURY

□ 310 Airplane0 315 Airplane Product

Liability□ 320 Assault, Libel &

SlanderG 330 Federal Eraplo>'ers'

LiabilityG 340 MarineG 345 Marine Product

LiabtliiyG 350 Motor VehicleG 355 Motor Vehicle

Product LiabilityG 360 Other Personal

InjuryG 362 Personal Injiuy -

Medical Malpractice

PERSONAL INJURYG 365 Personal Injury -

Product Liability□ 367 Health Care/

PharmaceuticalPersonal InjuryProduct Liabilt^'

G 36S Asbestos PersonalInjuiy ProductLiability

PERSONAL PROPERTYG 370 Other FraudG 371 Truth in LendingG 380 Other Personal

Property DamageG 385 Property Damage

Product Ltabili^'

G 625 Drug Related Seizureof Property 21 USC 881

G 690 Other

G 422 Appeal 28 USC 158G 423 Withdrawal

28 USC 157

PROPERTY RIGHTS

G 820 CopyrightsG 830 PatentG 835 Patent * Abbreviated

New Dnig ApplicationO 840 Trademark

lABOR

CIVIL RIGHTS

G 210 Land CondemnationG 220 ForeclosureG 230 Rent Lease & Ejectment□ 240 Torts to LandG 245 Tort Product Liability□ 290 All Other Real lYopcrty

01440 Other Civil RightsG 441 VotingG 442 EmploymentG 443 Housing/

Accommodations

G 445 Amcr. w/Disabilitics <Employment

G 446 Amer w/Disabilities <Other

G 448 Education

PRISONER PETmONS

Habeas Corpus:G 463 Alien DetaineeG 510 Motions to Vacate

SentenceG 530 GeneralG 535 Death Penally

Other:G 540 Mandamus & OtherG 550 Civil RightsG 555 Prison ConditionO 560 Civil Detainee -

Conditions ofConliRcmcni

G 710 Fair Labor StandardsAct

O 720 Labor/ManagementRelations

G 740 Railway Labor ActG 751 Family and Methcal

Leave Act

G 790 Other Labor LitigationG 791 Employee Retirement

Income Security Act

SQCIALSKCURrTV

O 861 HIA (13950)G 862 Black Lung (923)G 863 DIWC/DIWW (405(g))□ 864 SSID Title XVIG 865 RSI (405(g))

FEDERAL TAX SUITS

G 870 Taxes (U.S. PlaintifTor Defendant)

O 871 IRS—Third Party26 USC 7609

IMMIGRATi^G 462 Naturalization ApplicationG 465 Other Immigration

Actions

G 375 False Claims ActO 376 Qui Tarn (31 USC

3729(a))G 400 State RcapportiomnentG 410 AntitrustG 430 Banks and BankingG 450 CommerceG 460 DeportationG 470 Racketeer Influenced and

Corrupt OrganizationsG 480 Consumer CreditG 485 Telephone Consumer

Protection ActO 490 Cable/Sot TVG 850 ScGurilics/Commodilies/

ExchangeG 890 Other Statutory ActionsG 891 Agriciiliural ActsG 893 Environmental MattersG 895 Freedom of Infcnnaiion

Act

G 896 ArbitrationG 899 Administrative Procedure

Act/Kcvicw or Appeal ofAgency Decision

G 950 Constitutionality ofState Statutes

V. ORIGIN (Tlacn an "X" In One Box Only)a 1 Original □ 2 Removed from

Proceeding State Courta 3 Remanded from

Appellate Court□ 4 Reinstated or

ReopenedCJ 5 Transferred from

Another DistrictI'Peclfi)

O 6 MultidistrictLitigation -Transfer

□ S MultidistrictI.itigation -Direct File

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Oo aoleitejurixdlcthmtlsiatiues unlea iBpenity):42 U.S.C. Section 1983Brief description of cause:Religious singing and chanting ban - First and Fouileenth Amendment violations

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23. F.R.Cv.P.

DEMAND S CHECK YES only if demanded in complaint:JURY DEMAND: □ Yes >^No

VIII. RELATED CASE(S)IF ANY

(See muntcuonsj:JUDGE DOCKET NUMBER

DATE

07/15/2020SIGNATURE OF ATTORNEY OK RECORD

fsl Robert H. Tyler, Esq.FOR OrriCE USE ONLY

RECEIPTS AMOUNT APPLYING IFP JUDGE MAG. JUDGE


case 2:20-cv-01431-kjm-dmc document 1 filed 07/15/20 page 1 … · 6 hours ago · 2 . verified...

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