“[The police] Asked me, are you knowingly going against the order of Gavin News? And I said, ‘Yes,’ ‘said Annie Rammel, co-owner of Oak and Alexi’s restaurant in Carlsbad, a San Diego County beach town, which was the site of widespread disobedience to the 2020 statewide lockdown order.
On December 3, 2020, Governor Gavin Newsom (D) ordered all restaurants in California to stop serving customers personally and to convert their businesses into mere takeouts. This was the third shutdown order of the epidemic. Rammel decided that was enough
“When the same person is telling you and preventing you from opening it, he himself is going to a restaurant and eating inside, not six feet away, it gives you a little fire to tell … it’s not right,” says Ramel. Because, Less than a month ago, citing pictures of masked Newsom dining with lobbyists at an expensive French laundry restaurant.
“I’m going to stand up for my rights. I’m going to stand up for my business that I’ve worked so hard to run and keep, and I’m going to stand up for the community.”
Radamel was skeptical of News’s assurance that the latest order would last only a few weeks and began arranging resistance with other local business owners.
“I told the restaurant owners, if you’re not smart, think it’s only going to be three weeks. It’s definitely going to be a few months. And I was right.”
Rammel and other Carlsbad businesses formed an alliance that eventually numbered in the hundreds.
“We opened up, and because it was crazy [Carlsbad was] In fact the only city that said this word clearly and told the community, the news was that we were going to be open, “says Rammel.” And we will be safe. We’re going to wear masks and sanitize and maintain a distance of six feet and do what we were doing before. But that’s not what we were going to stop. “
Rammel was issued a quote by the San Diego Department of Public Health and the State Alcohol Board, which threatened to revoke his liquor license.
But the county sheriff decided not to enforce the governor’s order. Local police issued him a compliment, but he says they apologized for doing so.
“They said, ‘We just want to let you know we don’t want to do it. We want you guys to stay away from it, sorry sorry,’ since they’re handing me the paper,” Ramel said.
Today, the coalition that disobeyed the governor’s order is suing Newsom and their state and local health departments for lifting fines and compensating those affected by the shutdown. The defendants in the case declined to comment for this story. Whoever wins, the opportunity for executive power in an emergency can have an impact on what actually happens.
“Underground regulations facilitate arbitrary enforcement and undermine the rule of law.”Tony Matt Harrison, who represents the San Diego County business owners. (Harrison is a former senior fellow at the Cause Foundation, a nonprofit that reveals Because And because TV.)
He said Newsom’s emergency orders did not follow proper procedures for issuing new regulations.
“T.Harrison said the most authentic, well-established application of the process is that the law needs to be clear enough so that a reasonable person can understand what is prohibited, ”Harrison said.
Newsmap’s blueprint for the economy, published on August 2, 2020, has created a color-coded tire system that indicates what kind of business can open and in what manner. Harrison says the plan was not legally binding because the governor did not follow proper legal procedures: regulations in California must be submitted to the Secretary of State, who then makes them available to the public for review process. There must also be an explanation with the regulations to explain why they are fair.
“It’s a rule-making rule, a rule for regulators,” Harrison said.
The state argues that the governor was able to avoid this procedure because he issued an emergency order during a public health crisis.
This case is about whether there is a proper process in case of emergency in the state.
Ramel says that despite the governor’s mantra, the rules do not follow science regarding the spread of COVID-19.
“The ban didn’t make sense. We were keeping people safe. Numbers from restaurants, there was no evidence of an outbreak from us,” Ramel said.
Rammel and the coalition lost in the first round when a San Diego Superior Court judge dismissed the coalition’s case. The case is now in the appellate court.
The court has recently shown a willingness to stop administrative activities that hamper the process of making standard rules. A number of measures were overturned by the Trump administration, including a census question about citizenship status, one that would change the deportation procedure, and an executive order that would allow employers to opt out of certain birth control insurance coverage.
Rammel says the fines he still faces for refusing to comply with the governor’s order are several thousand dollars and not a threat to his livelihood. But this is not a fight for money.
“I still feel like our rights are being tested, and it’s scary because we live in America where we were supposed to be free, and we’ll be able to get our rights and choose to be open … and I think right now Threats are being made, ”Ramel says.
Produced by Zach Weissmueller; Dillon Mortensen’s camera; Graphics by Isaac Reese
Photo Credit: Jim Ruiman; Brian Feinzimer / SIPA USA / Newscom; Dean Musgrove / Zumpress / Newscom; Paul Kitagaki Jr. / Zumpress / Newscom