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"Bu t no one wants to take personal responsibility. That wasn't my fault and nothing to do with me," says Bianco. "Making someone wear a mask or close their business has absolutely nothing to do with someone that is overweight, diabetic, unhealthy heart-wise, possibly cancer going through treatments with a weak immune system, then going out into public and putting themselves at risk. Yet Bianco says the responsibility doesn't rest with him. And in several California counties, hospitals are completely out of ICU capacity. A new, more easily transmissible strain has appeared in the state. Yet he remains committed to staying open and was emboldened by Sheriff Bianco's public statements.īut California is reaching record levels of COVID infections. He says he's received visits from the health department, alcohol and beverage control, and angry citizens over the past several months, and he's faced threats of fines because his patio isn't COVID-compliant. We're allowing that bending to occur with the individuals," says Rose. "At this point with this shutdown, we really have just kind of decided…we are at this point, no longer bending. He also spent about $35,000 converting a previously indoor space into an open-air patio and keeps the restaurant doors open whenever possible. Rose is even permitting his customers to dine inside, though he's spaced out the tables and installed extra ventilation.

County's outdoor dining ban on the grounds that there's a lack of scientific evidence to justify it. Do you shut your doors and lose all your inventory and let your staff go in hopes that somebody along the way knew what they were talking about?" says Rose.Ĭalifornia's order to stop outdoor dining has generated outrage, controversy, and legal challenges. "At that point, you have to make a decision. "I've been playing by the rules way too long….It's getting to a point of ridiculousness," says owner Diego Rose, who says he tried converting the restaurant to takeout-only in March and began losing money every day of operation. Several restaurants in Riverside County are defying the ban, including Marla's Cocina and Cantina in the city of Beaumont. But there's no evidence that the shutdown has stemmed the growth in cases, hospital admissions, or fatalities On December 3, Newsom's stay-at-home order barred in-person dining of any kind at restaurants where hospital ICU capacity has fallen below 15 percent, as it has in four out of five California regions. "A s a law enforcement officer, we're given very broad discretion on enforcement….W e don't have to arrest just because there is a law."

Some of the sheriffs believe that it's a constitutional violation," says Bianco. Sheriffs in Los Angeles County, El Dorado County, Orange County, and even the governor's home county of Sacramento, have also said they will not enforce aspects of the lockdown order.īianco says county sheriffs are acting within their legal authority.

Newsom's "dictatorial attitude toward California residents while dining in luxury, traveling, and keeping his business open and his kids in private school is very telling about his attitude towards California residents, his feelings about the virus, and it is extremely hypocritical," said Riverside County Sheriff Chad Bianco in a December 4 video announcing that his department wouldn't be enforcing the governor's latest order. Gavin Newsom has imposed some of the most stringent COVID-19 restrictions in America, and some Golden State residents are starting to revolt.