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Can LB Council Loosen Some COVID-19 Restrictions? Maybe, But Subject To These Limits, City Attorney Says


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(April 27, 2020) -- Amid vocal social network calls by some to loosen some COVID=19 restrictions in LB (LBREPORT.com coverage here), does LB's policy-setting City Council have the power to do so or to direct city maangement's Health Officer (who ordered the restrictions in the first place) to ease them?

Replying to an emailed inquiry from LBREPORT.com, City Attorney Charles Parkin says (full email reply below) that at this point, CA local jurisdictions can only ease their restrictions in ways that don't leave them less restrictive than the Governor's Stay at Home Order (remain at home except for essential activities or critical infrastructure work.) If/when the Governor lifts or modifies his Order, the City's Health Oficer can evaluuate what measure (in her judgment) she believes remain necessary to prevent COVID-19's spread and may revise her LB order accordingly.

LBREPORT.com provides CIty Attorney Parkin's emailed response in full below (April 27):

Under both the LBMC [Council-enacted Municipal Code] and the California Emergency Services Act (Gov. Code 8550 et seq) a local emergency may only be proclaimed by the City Council. However, in this case the City Council is ratifying a decision made by the City Health Officer since the emergency is a pandemic and related to the public health.

During this proclaimed emergency and even when an emergency has not been proclaimed, the City Health Officer has authority to take whatever measures may be necessary to prevent the spread of a communicable disease or occurrence of additional cases. The Health Officer's Orders may only include measures (as determined by the Health Officer) that prevent the spread of disease. The City Council has the authority to set policy on COVID-19 issues, including but not limited to, an economic recovery plan or employee protections, so long as they are not in conflict with actions taken by the Governor.

On March 17, Council waived the LBMC requirement to redeclare the emergency every 14 days due to the Governor’s waiver of the same requirements under State law.

At this time, all local jurisdictions are limited from easing restrictions to the extent they are less rstrictive than the Governor’s statewide Stay at Home Order requiring all residents to stay home except for essential activities and work at critical infrastructure. Once the Governor’s Order is lifted, it is anticipated the City’s Health Officer will evaluate what measures are necessary to prevent the spread of COVID-19 and to prevent additional COVID-19 cases in our community and revise the City Health Order.








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Support really independent news in Long Beach. No one in LBREPORT.com's ownership, reporting or editorial decision-making has ties to development interests, advocacy groups or other special interests; or is seeking or receiving benefits of City development-related decisions; or holds a City Hall appointive position; or has contributed sums to political campaigns for Long Beach incumbents or challengers. LBREPORT.com isn't part of an out of town corporate cluster and no one its ownership, editorial or publishing decisionmaking has been part of the governing board of any City government body or other entity on whose policies we report. LBREPORT.com is reader and advertiser supported. You can help keep really independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.


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