PetitionCal. Super. - 6th Dist.April 9, 202010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 4/9/2020 2:28 PM C.D. Michel - SBN 144258 Clerk of Court Sean A. Brady - SBN 262007 Superior Court of CA, MICHEL & ASSOCIATES, P.C. 200V365840 180 E. Ocean B1Vd., Suite 200 Long Beach, CA 90802 Telephone: (562) 2 1 6-4444 Facsimile: (562) 216-4445 Email: cmichel@michellawvers.com Reviewed By: L Del Mundo Attorneys for Petitioners-Plaintiffs IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LOKEY FIREARMS, a sole proprietorship; Case No.: 200V365840 FFLGUARD, LLC, a Delaware limited liability company; and CALIFORNIA RIFLE PETITION FOR WRIT OF MANDATE & PISTOL ASSOCIATION, AND/OR PROHIBITION OR OTHER INCORPORATED, a California corporation, APPROPRIATE RELIEF; COMPLAINT FOR DECLARATORY AND INJUNCTIVE Petitioners-Plaintiffs, RELIEF V. UNLIMITED JURISDICTION COUNTY OF SANTA CLARA; SARA H. CODY, M.D., in her official capacity as Health Officer 0f the County of Santa Clara; LAURIE SMITH, in har official capacity as Sheriff 0f the County 0f Santa Clara; JEFF ROSEN, in his official capacity as District Attorney for the County of Santa Clara; and DOES 1-25, Respondents-Defendants. 1 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PlaintiffS-Petitioners Lokey Firearms, FFLGuard, LLC, and the California Rifle & Pistol Association, Incorporated (collectively “Plaintiffs” 0r “Petitioners”), by and through their counsel, bring this Petition for Writ of Mandate and/or Prohibition or Other Appropriate Relief; Complaint for Declaratory and Injunctive Relief against Defendants-Respondents County of Santa Clara, Sara H. Cody, M.D., Laurie Smith, and James R. Williams, and DOES 1-25 (collectively “Defendants,” “Respondents,” 0r “the County”) their employees, agents, and successors in office, and in support thereof allege the following. INTRODUCTION 1. The COVID-19 pandemic has undeniably posed unprecedented challenges t0 our government officials who are understandably imposing significant measures that are genuinely designed to promote public safety in this time 0f crisis. Even in trying times likes these, however, we remain a country 0f law and order. Indeed, an ordered legal system is potentially even more important in such times. While government has more leeway in times 0f emergency, it cannot abrogate limits 0n its authority in the name 0f public safety. That, however, is precisely what Respondents have done. Petitioners respectfully urge this Court t0 restore those limits. 2. In response to the COVID-19 pandemic, Respondent Santa Clara County recently enacted public health orders that have forced any store that sells firearms or ammunition t0 cease operations and close t0 the public indefinitely, citing the Covid-19 public health crisis. Santa Clara County began ordering firearm businesses to close on or about March 26, 2020, (the “County’s Order”) and it has not given any indication when such stores may be allowed t0 re- open. Pursuant to these orders and their enforcement, gun stores operating in Santa Clara County, including Petitioners, will be subj ect to civil penalties, including fines and suspension of business license, as well as criminal penalties, including arrest and prosecution, for continuing t0 operate. 3. The County’s Order is unlawfill. It violates an express order by the State Public Health Officer and Director that workers in “16 critical infrastructure sectors” identified by the federal government continue t0 be allowed t0 work during the COVID-19 crisis. For “workers supporting the operation 0f firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges . . .” are among those sectors so identified. 2 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The County’s Order is also preempted by state law. California comprehensively regulates the sale of firearms. With the exception of transfers between parents and offspring, there is n0 lawful way for a California resident to acquire a firearm without going in person t0 a dealer Who possesses both a federal and state license t0 sell firearms. (Pen. Code, §§ 26500, 27545.) The County’s Order closing the only stores that have those licenses is thus effectively a ban on the sale 0f firearms in Santa Clara County. By banning gun sales, the County’s Order is preempted because it contradicts numerous state laws, and because it seeks to regulate in a field that has been both expressly and impliedly preempted by state law. 5. The County’s Order also violates the California Constitution twice over. First, by depriving Petitioner Lokey Firearms of their license t0 operate a gun store without due process 0f law. Second, by depriving members and supporters of Petitioner California Rifle & Pistol Association, Incorporated (“CRPA”) from taking receipt 0f their lawfully purchased property, i.e., firearms they are entitled t0 pick but are located in shuttered Santa Clara County gun stores under the County’s Order. 6. Petitioners bring this petition seeking a peremptory writ 0fmandamus and stay of enforcement to prevent Respondents from enforcing the County’s Order. Extraordinary writ relief is warranted in this case because there is no plain, speedy and adequate remedy in the ordinary course 0f law t0 relieve Petitioners of their injury caused by the County’s Order, and because Respondents have a clear, present, and ministerial duty not to enforce the County’s Order against Petitioners or anyone at any time, because it imposes an unlawful mandate and is thus invalid. 7. A stay 0f enforcement is necessary to prevent gun store owners and operators located in Santa Clara County, including Petitioners, from being subjected to criminal or civil penalties, under the County’s invalid Order during the course of this litigation. 8. Writ relief and injunctive relief are necessary t0 prevent Respondents from enforcing the County’s unlawful Order permanently. AUTHENTICOUNTY OF EXHIBITS 9. A11 accompanying exhibits are true and correct copies 0f the original documents. The exhibits are incorporated herein by reference as though fully set forth in this petition and 3 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 complaint. PARTIES I. Petitioners-Plaintiffs 10. Petitioner-Plaintiff Lokey Firearms is a sole proprietorship and California licensed firearms dealer located in Morgan Hill, California. On April 1, 2020, Lokey Firearms was ordered by the Office of the District Attorney 0f the County 0f Santa Clara t0 close its business as a result 0f the County’s public health order. In follow up communications, the Office 0f the District Attorney stated to Petitioner-Plaintiff’ s counsel that if Lokey Firearms remains open for retail sales, they may be subject t0 civil and/or criminal penalties. But for this order, Lokey Firearms would immediately open its store t0 sell firearms and other goods but refrains from doing so for fear of criminal and/or civil penalties under the County’s Order. 11. Petitioner-Plaintiff FFLGuard, LLC (“FFLGuard”) is a Delaware limited liability company located at 244 Fifth Ave., Suite 1960, New York, New York 10001. FFLGuard offers a cooperative compliance and legal defense membership program for licensed operators 0f gun stores, providing members With lawyers, subject matter experts, professionals and para- professionals Who are specialists in the area of firearms law and compliance. Its program further engages in legal advocacy for members affected by laws in the members’ respective states where they conduct business, including California. This case falls squarely Within the interest of FFLGuard and its members Who are licensed gun dealers Whose stores have been or may become closed as a result of a municipal health order issued in response to C0Vid-19. 12. Petitioner-Plaintiff California Rifle and Pistol Association, Incorporated (“CRPA”) is a California corporation and non-profit membership organization dedicated to the preservation and advancement of the Second Amendment rights 0f its individual members and the public. CRPA promotes the responsible use 0f firearms for lawful purposes including self-defense, hunting, and shooting sports. CRPA provides education, training, and organized competition for adult and junior shooters. CRPA’S membership is comprised 0f a diverse cross-section of the general public, including competitive and recreational shooters, hunters, youth, women, law enforcement, firearm experts, trainers, and loving parents Who choose t0 own a firearm. CRPA 4 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 members Who reside in the County 0f Santa Clara seek t0 lawfully acquire firearms and ammunition. CRPA members who reside outside the County 0f Santa Clara travel t0 the County t0 purchase firearms and ammunition from licensed vendors, including Petitioners Lokey Firearms. Under the County’s Order, CRPA members are indefinitely precluded from purchasing 0r retrieving already-purchased firearms from licensed vendors located in the County of Santa Clara, including from Petitioner Lokey Firearms. In this suit, CRPA represents the interests of its members and supporters, including individuals and licensed gun store owners Who are too numerous to conveniently bring into this action individually. These members’ interests include lawful access to firearms and ammunition within the County 0f Santa Clara. II. Respondents-Defendants 13. Respondent-Defendant County 0f Santa Clara is a legal subdivision 0f the State 0f California whose officials, employees, and agents enacted and enforce the County’s Order t0 close gun stores Within its borders. 14. Respondent-Defendant Sara H. Cody, M.D., is the Health Officer 0f the County 0f Santa Clara and is sued in her official capacity. As Health Officer, it is her duty pursuant t0 Section A18-30 0f the County of Santa Clara Ordinance Code to observe and enforce orders, quarantine regulations, rules prescribed by the State Health Department and other rules and regulations issued under the provisions 0f the Health and Safety Code, among other duties. 15. Respondent-Defendant Laurie Smith is Sheriff of the County of Santa Clara and is sued in her official capacity. As Sheriff she is responsible for enforcement 0f the County’s Order that Petitioners challenge as unlawful. Sheriff Smith enforces the County’s Order through employees, agents, and representatives 0f the Santa Clara County Sheriff’s Office. 16. Respondent-Defendant Jeff Rosen is the duly elected District Attorney for the County 0f Santa Clara. As District Attorney, he is responsible for prosecuting any Violations 0f the orders from the Health Officer for the County of Santa Clara which Petitioners challenge as unlawful. 17. The true names or capacities, Whether individual, corporate, associate 0r otherwise of the Respondents-Defendants named herein as Does 1-25, are presently unknown to Plaintiffs- 5 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioners, Who therefore sue said Defendants-Respondents by such fictitious names. Plaintiffs- Petitioners pray for leave to amend this Petition/Complaint to show the true names or capacities of these Defendants-Respondents if and when the same have been determined. JURISDICTION AND VENUE 18. This Court has jurisdiction under sections 525, 526, 1060, 1085, and 1087 of the California Code of Civil Procedure and other applicable laws and constitutional provisions. This Court also has jurisdiction because Plaintiffs/Petitioners lack a “plain, speedy, and adequate remedy, in the ordinary course 0f law.” (Code CiV. Proc., § 1086.) 19. Because this action is brought against public officers of the County 0f Santa Clara and against the County itself, this action is properly brought in the County 0f Santa Clara. (Cal. Code of CiV. Proc., §§ 393, subd. (b), 394 subd. (21).) Further, several of the Plaintiffs/Petitioners reside 0r are located in Santa Clara County and the claims at issue in this litigation arise in Santa Clara County. FACTUAL BACKGROUND I. Applicable Legal Principles 20. Any person Who desires a declaration of his or her rights or duties can bring an action in the superior court for a declaration 0f his 0r her rights and duties. “The declaration may be either affirmative or negative in form and effect, and the declaration shall have the force of a final judgment.” (Code CiV. Proc., § 1060.) 21. Under California law, a local government’s enforcement activity is preempted if it “duplicates, contradicts, 0r enters an area fully occupied by general law, either expressly 0r by legislative implication.” (Sherwin- Williams C0. v. County ofSanta Clara (1993) 4 Ca1.4th 893, 897.) 22. California Government Code section 53071 provides: “It is the intention 0f the Legislature to occupy the whole field of regulation 0f the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive 0f all local regulations, relating t0 registration 0r licensing 0f 6 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 commercially manufactured firearms, by any political subdivision as defined in Section 1721 0f the Labor Code.” 23. Section 7 0f Article I 0f the California Constitution provides, in relevant part: “A person may not be deprived 0f life, liberty, 0r property without due process 0f law . . ..” II. California’s Statutory Scheme for Firearm Sales 24. With very limited exceptions, all lawful firearm transactions conducted in California must be processed by a properly licensed firearms dealer (an “FFL”). (Pen. Code, §§ 26500, 27545.) To become an FFL, one must obtain a federal license, any necessary local license, a valid seller’s permit issued by the State Board 0f Equalization, and a valid certificate 0f eligibility issued by the California Department 0f Justice, Bureau 0f Firearms (“DOJ”), and be listed 0n DOJ’S Centralized List 0f Firearm Dealers. (Pen. Code, §§ 27600-26705; See also Cal. Code Regs. tit. 11, §§ 4016-4024.) Such licenses must be renewed annually. (Ibid.) 25. T0 even be eligible to attempt t0 purchase a firearm in California, an individual must have a valid firearm safety certificate (“FSC”), which can only be obtained through an FSC instructor certified by the DOJ. (Pen. Code, §§ 27540, 31610-31670.) Obtaining an FSC requires securing a minimum passing score on a written test and payment of a fee. (Pen. Code, § 31645, subd. (a), 3 1 650.) 26. Once an FSC holder, a prospective firearm purchaser must provide the FFL With personal information, including clear evidence of identity and age. (Pen. Code, § 27540.)1 This information is inserted into a Dealer Record 0f Sale (“DROS”), which is used t0 complete the background check that a purchaser generally must undergo prior to taking delivery of a firearm. (Pen. Code, §§ 28205 subd. (c), 28220.) A DROS must be submitted to DOJ Via the DROS Entry System (“DES”). (Pen. Code, §, 28205 subd. (c); see also Cal. Code Regs., tit. 11 §§ 4200-4240.) Generally, only FFLs and their employees have access t0 DES and can submit a DROS t0 DOJ. (Cal. Code Regs., tit. 11 § 4210, subd. (a).) DOJ will then use the DROS to examine its records and the National Instant Criminal Background Check System (“NICS”) t0 determine the 1 If the transaction involves a handgun, the purchaser must also present additional documentation indicating they are a California resident. (Pen. Code, § 268455.) 7 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 purchaser’s eligibility t0 acquire and possess firearms. (Pen. Code, § 28220.) The purchaser is required to pay a $3 1 .19 fee in addition to other statutorily mandated fees for this process. (Pen. Code, § 28233, subd. (a).) 27. After purchasing a firearm, a purchaser must generally return to the FFL at least 10 days later before taking receipt of it, during which time the FFL maintain possession of it. (Pen. Code, § 27540, subd. (a).) Assuming the purchaser passes the background check and completes a safe-handling demonstration, the FFL Will release custody 0f the firearm, along With a DOJ- approved firearm safety device. (Pen. Code, § 23635.) 28. Nothing in state law expressly grants local government or officials authority t0 ban firearm sales within their jurisdictions. State law does, however, expressly state that “[n]0 permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required 0f any United States Citizen 0r legal resident over the age 0f 18” in California who is not otherwise prohibited from owning 0r possessing firearms. (Pen. Code, § 25605, subd. (b).) III. State Emergency Orders 29. In response to the novel coronavirus (COVID-19) pandemic, Governor Gavin Newsom proclaimed a State of Emergency on March 4, 2020. (See Exhibit A.) Then, on March 19, 2020, Governor Newsom issued Executive Order N-33-20 directing California residents “t0 immediately heed the current State public health directives” developed by the Department 0f Public Health. (See Exhibit B.) Contained in Executive Order N-33-20 is an order from the State Public Health Officer and Director indefinitely ordering “all individuals living in the State 0f California to stay home 0r at their place 0f residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors . . ..” (Ibid.) That order clarified that Californians working in the “16 critical infrastructure sectors” identified by the federal government “may continue their work because 0f the importance 0f these sectors t0 Californian’s health and well-being.” (Ibid.; See also Exhibit C.) On March 28, 2020, Christopher C. Kreps, Director 0f the federal Cybersecurity and Infrastructure Security Agency (“CISA”), issued an advisory memorandum expressly clarifying that CISA considers “workers supporting the operation offirearm 0r ammunition product manufacturers, retailers, importers, distributors, 8 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and shooting ranges” to be part 0f the nation’s “Essential Critical Infrastructure Workforce.” (See Exhibit D.) IV. Santa Clara’s Policy Ordering Gun Stores t0 Close 30. Prior t0 Governor Newsom proclaiming a State 0f Emergency, Public Health Officers of Respondent Santa Clara County announced a legal order directing Santa Clara County residents to shelter at home for three weeks beginning March 17, 2020, with the exception 0f conducting “essential activities”. (See Exhibit E.) At the time, the order defined “essential activities” as those “necessary for the health and safety for individuals and their families.” (Ibid.) California licensed firearm dealers operating in Santa Clara County were not expressly listed among these activities. (Ibid.) The order does, however, list the following businesses as “essential”: o Other establishments engaged in the retail sale 0f . . .household consumer products . . . This includes stores that sell products necessary to maintaining the safety 0f residences. o Other service providers who provide services that are necessary to maintaining the safety and essential operation 0f residences, Essential Activities, and Essential Businesses. o Business that supply other essential businesses with the support or supplies necessary t0 operate; o Businesses that ship goods t0 residences. (Ibid.) 31. The original order was set to expire at 11:59 P.M. 0n April 7, 2020, unless extended, rescinded, superseded, 0r amended in writing. (Ibid.) 32. On March 30, 2020, Respondent Santa Clara County issued a joint press release stating they updated their existing shelter at home order t0 be extended until at least May 1, 2020. (See Exhibit F.) The following day, Respondent Santa Clara County issued an updated order extending its duration until May 3, 2020. (Ibid.) This new order also added “clarifying language around essential business and activities, as well as some new directives.” (Ibid.; See also Exhibit G.) Once again, however, California licensed firearm dealers operating in Santa Clara County were not expressly listed among those activities deemed essential. (See Exhibit H.) 33. Failure t0 comply With Respondent Santa Clara County’s order “constitutes an 9 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 imminent threat and menace t0 public health, constitutes a public nuisance, and is punishable by fine, imprisonment, 0r both.” (Ibid.) 34. On March 25, 2020, Governor Newsom was asked whether his office or the state 0f California would provide official guidance on Whether California licensed firearm dealers and/or licensed ammunition vendors are “essential businesses” allowed t0 remain open during the COVID-19 crisis. In response t0 this question, Governor Newsom stated that he believes “in people’s right t0 bear arms” but that he would “defer t0 the sheriff in this instance, and [] defer t0 sheriffs in their respective jurisdictions for that clarification.” (See Exhibit I.) 35. On April 1, the Office of the District Attorney 0f Santa Clara County ordered Petitioner Lokey Firearms t0 close their retail business 0r face civil and/or criminal penalties. The Office of the District Attorney later stated to Petitioner-Plaintiffs counsel that if Lokey Firearms remains open for retail sales, they may be subj ect t0 civil and/or criminal penalties. Fearing criminal or civil penalties for refusing t0 comply with the officers’ order, Petitioners closed their stores. Respondents also maintain a website that, as 0f April 6, 2020, states that firearm retailers “are not essential businesses under [the County’s] Order.” (See Exhibit J.) Respondents have therefore adopted a policy of closing all gun stores in the County of Santa Clara. THE COUNTY’S ORDER CLOSING STORES THAT SELL FIREARMS IS UNLAWFUL ON MULTIPLE GROUNDS Order 0f the State Public Health Officer and Director 36. Contained in Executive Order N-33-20 is an order from the State Public Health Officer and Director indefinitely ordering “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 . . ..” That Health Department order contained in Executive Order N-33-20 clarified that Californians working in the “1 6 critical infrastructure sectors” identified by the federal government “may continue their work because 0f the importance 0f these sectors t0 Californian’s health and well-being.” 37. Christopher C. Kreps, Director 0f the federal Cybersecurity and Infrastructure Security Agency (“CISA”), issued a memorandum clarifying the list ofjob descriptions that CISA 10 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 considers part 0f the nation’s “Essential Critical Infrastructure Workforce” and “1 6 critical infrastructure sectors” t0 expressly include “workers supporting the operation offirearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” 38. Under federal law CISA’S “list is advisory in nature” and “is not, nor should it be considered, afederal directive.” Nonetheless, it has the effect 0f a mandatory directive in California because, through Executive Order N-33-20 the State Public Health Officer and Director has ordered that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed to continue working. 39. California has incorporated the federal guidelines, including the recent clarifications t0 those guidelines by CISA that expressly include gun stores are critical infrastructure, into its order by referencing them and mandating that they all be complied with. The operation 0f firearm retailers and ranges seeking t0 perform their jobs and duties within one 0f the 16 federally identified sectors is thereby protected by the State Public Health Officer and Director’s order. 40. The State of California implicitly recognizes the critical nature of preserving and facilitating the lawful transfer of firearms for law enforcement, security, and public safety while under the threat 0f COVID-19. Even under the current circumstances, the State has chosen to ensure that its firearm and ammunition transfer workforce and systems at DOJ have been and remain available and functioning to facilitate lawful transfers 0f firearms and ammunition. 41. The State Public Health Officer and Director’s order also expressly incorporates Government Code section 8665, which states that: “[a]ny person who violates any 0f the provisions 0f this chapter or Who refuses or willfully neglects to obey any lawful order or regulation promulgated 0r issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine 0f not t0 exceed one thousand dollars.” It is thus a crime for anyone, including local officials, to refuse t0 comply with that order. Preemption 42. Well over a decade ago, the question 0f whether state law preempts local bans 0n selling firearms was unequivocally answered by an appellate court, Which held that it does on 11 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 various grounds. Fiscal v. County and County ofSan Francisco (2008) 158 Cal.App.4th 895. 43. The County’s Order is effectively a local ban on the sale of firearms. California law requires firearms t0 be transferred through an FFL. If FFLs like Petitioner Lokey Firearms are closed, there is n0 way to lawfully sell firearms. 44. The County’s Order is thus preempted for the same reasons the local firearm sales ban was deemed preempted in Fiscal, because it contradicts numerous state laws, and because it attempts t0 regulate in a field that has been both expressly and impliedly preempted by state law. Specifically, the County’s Order: a. contradicts Penal Code § 25605, subd. (b), which provides: “N0 permit or license t0 purchase, own, possess, keep, 0r carry, either openly 0r concealed, shall be required 0f any United States Citizen 0r legal resident over the age 0f 18” in California who is not otherwise prohibited from owning 0r possessing firearms; b. violates Government Code section 53071 because that provision expressly preempts “all local regulations, relating t0 registration or licensing of commercially manufactured firearms,” and the County’s Order effectively cancels Petitioners licenses t0 sell firearms; c. duplicates and contradicts the Unsafe Handgun Act as codified in Penal Code sections 3 1 900 through 321 10; and d. seeks t0 nullify a statewide, carefully-crafted and comprehensive system for regulating firearm sales that clearly indicates the State’s intent that it be free from local regulation and is thus impliedly preempted. (See Pen. Code, §§ 26500- 28490) 45. No provision in California law conferring local officials with emergency powers relieves those officials 0f their duty t0 adhere t0 preemption principles. Due Process 46. The County’s Order nullifies Petitioner Lokey Firearm’s license t0 sell firearms. 47. Petitioners have a property interest in their license Which they cannot be deprived of Without due process. 12 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. The County’s Order provided Petitioner Lokey Firearms n0 reasonable notice before its store was ordered closed. 49. The County’s Order provided Petitioner Lokey Firearms no opportunity t0 be heard before its store was ordered closed. 50. The County’s Order arbitrarily targets gun stores for closure. 5 1. The County’s Order deprives members and supporters of Petitioner CRPA of their property, firearms that are being held at shuttered Santa Clara FFLs and thus inaccessible. 52. Members and supporters of Petitioner CRPA have a property interest in their firearms that are being held at shuttered Santa Clara FFLs and thus inaccessible, Which they cannot be deprived 0f Without due process. 53. The County’s Order provided members and supporters 0f Petitioner CRPA no reasonable notice before their property was made inaccessible. 54. The County’s Order provided members and supporters 0f Petitioner CRPA no opportunity t0 be heard before their property was made inaccessible. 55. The County’s Order arbitrarily targets the property 0fmembers and supporters 0f Petitioner CRPA for deprivation. ABSENCE OF ADEQUATE LEGAL REMEDY 56. Petitioners have no plain, speedy, and adequate remedy in the ordinary course 0f law because the Order prohibits them from operating their gun-store businesses, which they are lawfully licensed t0 d0 by the State of California and the federal government. Petitioners have no ordinary remedy available t0 them t0 prevent from being subjected t0 serious harm, namely criminal arrest and prosecution and/or civil penalties, including suspension of their business licenses, under an unconstitutionally preempted ordinance. If Petitioners are denied the requested relief, they will be forced t0 forego activities they are entitled, and duly licensed t0 perform under state law. FIRST CAUSE OF ACTION (FOR WRIT OF MANDATE) VIOLATION OF STATE ORDER 57. Plaintiffs re-allege all prior paragraphs and incorporate them fully herein. 13 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58. The County’s Order requiring gun stores to close is invalid because it contradicts the order issued by the State Public Health Officer and Director mandating that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” 59. Respondents have a clear, present, and ministerial duty not t0 enforce the County’s Order against Petitioners 0r anyone at any time because it contradicts the order issued by the State Public Health Officer and Director mandating that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, which includes “workers supporting the operation 0f firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges” and is therefore invalid and unenforceable. 60. Petitioners are beneficially interested in the outcome 0f these proceedings because they are subject to the County’s Order and will benefit from the issuance 0f a writ commanding Respondents not to enforce an unlawful policy. 61. Petitioners have a clear, present, and legal right for the Respondents t0 stop enforcing the County’s Order because it is invalid and unenforceable. 62. Respondents have a present legal duty not t0 enforce policies like the County’s Order that unlawfully contradict state law, and Respondents have the ability t0 cease enforcing the County’s Order immediately. 63. Respondents have failed and refused to abide by provisions 0f the order issued by the State Public Health Officer and Director mandating that Californians working in the “1 6 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, which includes “workers supporting the operation 0f firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges” which prohibit municipalities from enacting policies like the County’s Order. 64. Peremptory writ relief is necessary because Petitioners have no plain, speedy, 0r adequate legal remedy to prevent the ongoing harm caused by Respondents’ enforcement 0f the 14 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 County’s Order in contradiction 0f the State Public Health Officer and Director mandating that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed to continue working, which includes “workers supporting the operation 0f firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” 65. Accordingly, Petitioners seek a writ 0f mandate, pursuant t0 Code 0f Civil Procedure sections 1085 and 1087, commanding Respondents t0 immediately and totally cease enforcing the County’s Order because it contradicts the State Public Health Officer and Director mandating that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, which includes “workers supporting the operation of firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” SECOND CAUSE OF ACTION (FOR DECLARATORY AND INJUNCTIVE RELIEF) VIOLATION OF STATE ORDER 66. Plaintiffs re-allege all prior paragraphs and incorporate them fully herein. 67. The County’s Order requiring gun stores to close is invalid because it contradicts the order issued by the State Public Health Officer and Director mandating that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” 68. Plaintiffs seek declaratory relief because they contend the County’s Order contradicts the order issued by the State Public Health Officer and Director mandating that Californians working in the “1 6 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, which includes “workers supporting the operation 0f firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges,” and is therefore invalid and unenforceable. Defendants dispute this contention and contend that the County’s Order does not contradict the state’s order and is valid and enforceable 15 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 law. An active controversy now exists between Plaintiffs and Defendants as to Whether the County’s Order is valid and enforceable. 69. T0 resolve this controversy, Plaintiffs request that, pursuant to California Code 0f Civil Procedure section 1060, this Court declare that the County’s Order is invalid and unenforceable. 70. Plaintiffs also seek injunctive relief pursuant t0 sections 525 and 526 0f the Code 0f Civil Procedure because the County’s Order contradicts the order issued by the State Public Health Officer and Director mandating that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, which includes “workers supporting the operation 0f firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” 71. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order 0f this Court, Will continue t0 cause irreparable injury t0 Plaintiff Lokey Firearms who Will be forced t0 cease the lawful operation 0f their firearm and ammunition business or face criminal arrest and prosecution and/or civil penalties for Violating a policy that contradicts state mandates. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order 0f this Court, Will continue t0 cause irreparable injury to members and supporters of Plaintiff CRPA, Who Will be indefinitely unable t0 exercise their rights under California law and the Second Amendment to lawfully acquire new or retrieve already-purchased firearms Within the County of Santa Clara. 72. Defendants’ wrongful conduct will be 0f a continuing and indefinite nature for which Plaintiffs Will have no adequate remedy at law in that it Will be impossible for them to determine monetary damages caused by Defendants’ wrongful conduct. 73. Accordingly, Plaintiffs seek a preliminary and permanent injunction forbidding Defendants from enforcing the County’s Order because it contradicts the order issued by the State Public Health Officer and Director mandating that Californians working in the “16 critical infrastructure sectors” identified by the federal government be allowed t0 continue working, 16 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which includes “workers supporting the operation 0f firearm 0r ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” THIRD CAUSE OF ACTION (FOR WRIT OF MANDATE) PREEMPTION - CONTRADICTION OF STATE LAW 74. Petitioners re-allege all prior paragraphs and incorporate them fully herein. 75. The County’s Order requiring gun stores t0 close is invalid because it contradicts state law and is therefore preempted. 76. Respondents have a clear, present, and ministerial duty not to enforce the County’s Order against Petitioners 0r anyone at any time because it contradicts state law and it therefore violates the California Constitution. 77. Petitioners are beneficially interested in the outcome 0f these proceedings because they are subject to the County’s Order and will benefit from the issuance 0f a writ commanding Respondents not to enforce an unconstitutional policy that contradicts state law. 78. Petitioners have a clear, present, and legal right for the Respondents to stop enforcing the County’s Order because it contradicts state law. 79. Respondents have a present legal duty not to enforce policies like the County’s Order that unconstitutionally contradict state law, and Respondents have the ability to cease enforcing the County’s Order immediately. 80. Respondents have failed and refused to abide by provisions of the California Constitution which prohibit municipalities from enacting policies like the County’s Order that contradict state law. 8 1. Peremptory writ relief is necessary because Petitioners have n0 plain, speedy, or adequate legal remedy t0 prevent the ongoing harm caused by Respondents’ enforcement 0f the County’s Order in contradiction of state law. 82. Accordingly, Petitioners seek a writ 0f mandate, pursuant t0 Code 0f Civil Procedure sections 1085 and 1087, commanding Respondents to immediately and totally cease enforcing the County’s Order because it contradicts state law. / / / 1 7 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOURTH CAUSE OF ACTION (FOR DECLARATORY AND INJUNCTIVE RELIEF) PREEMPTION - CONTRADICTION OF STATE LAW 83. Plaintiffs re-allege all prior paragraphs and incorporate them fully herein. 84. The County’s Order requiring gun stores t0 close is invalid because it contradicts state law and is therefore preempted. 85. Plaintiffs seek declaratory relief because they contend the County’s Order contradicts, and is therefore preempted by, California law. Defendants dispute this contention and contend that the County’s Order does not contradict state law. An active controversy now exists between Plaintiffs and Defendants as to Whether the County’s Order contradicts state law. 86. To resolve this controversy, Plaintiffs request that, pursuant t0 California Code of Civil Procedure section 1060, this Court declare that the County’s Order contradicts state law and is therefore preempted and unconstitutional. 87. Plaintiffs also seek injunctive relief pursuant t0 sections 525 and 526 0f the Code 0f Civil Procedure because the County’s Order contradicts state law. 88. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order 0f this Court, Will continue to cause irreparable injury t0 Plaintiff Lokey Firearms Who Will be forced to cease the lawful operation of their firearm and ammunition business or face criminal arrest and prosecution and/or civil penalties for Violating a policy that contradicts state mandates. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order of this Court, Will continue to cause irreparable injury to members and supporters of Plaintiff CRPA, who will be indefinitely unable to exercise their rights under California law and the Second Amendment t0 lawfully acquire new 0r retrieve already-purchased firearms Within the County of Santa Clara. 89. Defendants’ wrongful conduct Will be 0f a continuing and indefinite nature for which Plaintiffs Will have n0 adequate remedy at law in that it Will be impossible for them t0 determine monetary damages caused by Defendants’ wrongful conduct. 90. Accordingly, Plaintiffs seek a preliminary and permanent injunction forbidding Defendants from enforcing the County’s Order because it contradicts state law. 18 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIFTH CAUSE 0F ACTION (FOR WRIT 0F MANDATE) FIELD PREEMPTION - EXPRESS 91. Petitioners re-allege all prior paragraphs and incorporate them fully herein. 92. The County’s Order is unconstitutional because it regulates in a field that has been expressly preempted by section 53071 of the California Government Code; specifically, the “licensing of commercially manufactured firearms.” 93. Respondents have a clear, present, and ministerial duty not to enforce the County’s Order against Petitioners 0r anyone at any time because it is expressly preempted by state law and is therefore unconstitutional. 94. Petitioners are beneficially interested in the outcome of these proceedings because they are subj ect t0 the County’s Order and will benefit from the issuance of a writ commanding Respondents not to enforce an unconstitutional ordinance that is expressly preempted by section 53071 of the California Government Code. 95. Petitioners have a clear, present, and legal right for Respondents t0 stop enforcing the County’s Order because it violates the California Constitution due to express preemption by section 53071 of the California Government Code. 96. Respondents have a present legal duty not to enforce ordinances like the County’s Order that are expressly preempted by state law, and Respondents have the ability t0 immediately cease enforcing the County’s Order. 97. Respondents have failed and refused to abide by provisions of the California Constitution which prohibit municipalities from enacting policies like the County’s Order that are expressly preempted by state law. 98. Peremptory writ relief is necessary because Petitioners have n0 plain, speedy, or adequate legal remedy t0 prevent the ongoing harm caused by Respondents’ enforcement 0f the County’s Order in Violation 0f California Government Code section 53071. 99. Accordingly, Petitioners seek a writ of mandate, pursuant to Code of Civil Procedure sections 1085 and 1087, commanding Respondents to immediately stop enforcing the County’s Order at any time because it is expressly preempted by state law. 19 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SIXTH CAUSE OF ACTION (FOR DECLARATORY AND INJUNCTIVE RELIEF) FIELD PREEMPTION - EXPRESS 100. Plaintiffs re-allege all prior paragraphs and incorporate them fully herein. 101. The County’s Order is unconstitutional because it regulates in a field that has been expressly preempted by section 53071 0f the California Government Code. 102. Plaintiffs seek declaratory relief because they contend the County’s Order is expressly preempted by section 53071 of the California Government Code. Defendants dispute this contention and contend that the County’s Order is not expressly preempted by state law. An active controversy now exists between Plaintiffs and Defendants as to whether the County’s Order is expressly preempted by state law. 103. T0 resolve this controversy, Plaintiffs request that, pursuant t0 California Code 0f Civil Procedure section 1060, this Court declare that the County’s Order is expressly preempted by state law and is therefore unconstitutional. 104. Plaintiffs also seek injunctive relief pursuant t0 sections 525 and 526 0f the Code of Civil Procedure because the County’s Order is expressly preempted by state law. 105. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order 0f this Court, Will continue to cause irreparable injury to Plaintiff Lokey Firearms who will be forced t0 cease the lawful operation of their firearm and ammunition business or face criminal arrest and prosecution and/or civil penalties for Violating a policy that is expressly preempted by section 53071 0f the Government Code. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order 0f this Court, will also continue t0 cause irreparable injury to members and supporters 0f Plaintiff CRPA, Who will be indefinitely unable t0 exercise their rights under California law and the Second Amendment t0 lawfully acquire new or retrieve already-purchased firearms within the County of Santa Clara. 106. Defendants’ wrongful conduct Will be of a continuing and indefinite nature for which Plaintiffs will have no adequate remedy at law, in that it will be impossible for them to determine monetary damages caused by Defendants’ wrongful conduct. /// 20 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 107. Accordingly, Plaintiffs seek a preliminary and permanent injunction forbidding Defendants from enforcing the County’s Order because it is expressly preempted by state law. SEVENTH CAUSE OF ACTION (FOR WRIT OF MANDATE) FIELD PREEMPTION - IMPLIED 108. Petitioners re-allege all prior paragraphs and incorporate them fully herein. 109. The County’s Order is impliedly preempted by state law because it attempts to regulate in a field that has been fully occupied, to the exclusion of local regulation, by a consortium 0f state statutes and regulations, including but not limited to sections 26500-28490 0f the California Penal Code, and title 11, sections 4016-4024 of the California Code 0f Regulations. 110. The County’s Order is impliedly preempted because it seeks t0 regulate in a field that has been partially occupied by state laws that indicate an intent t0 preempt local bans 0n the sale of firearms. 111. By ordering gun stores to close, Respondents are effectively banning the sale of firearms with the County 0f Santa Clara. 112. Respondents have a clear, present, and ministerial duty not t0 enforce the County’s Order against Petitioners, or anyone at any time because it is impliedly preempted by state law and is therefore unconstitutional. 113. Petitioners are beneficially interested in the outcome 0f these proceedings because they are subject to the County’s Order and will benefit from the issuance of a writ commanding Respondents not to enforce an unconstitutional government policy like the County’s Order that is impliedly preempted by state law. 114. Petitioners have a clear, present, and legal right for the Respondents t0 stop enforcing the County’s Order because it is impliedly preempted by state law. 115. Respondents have a present legal duty not t0 enforce ordinances like the County’s Order that are impliedly preempted by state law in Violation 0f the California Constitution, and Respondents have the ability to immediately cease enforcing the County’s Order. / / / / / / 21 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 116. Respondents have failed and refiJsed to abide by provisions 0f the California Constitution which prohibit Respondents from enacting and enforcing the County’s Order because it is impliedly preempted by state law. 117. Respondents’ enactment and enforcement 0f the County’s Order is, and Will be, 0f a continuing nature for Which Petitioners have n0 plain, speedy, or adequate legal remedy. 118. Accordingly, Petitioners seek a writ 0f mandate, pursuant t0 Code 0f Civil Procedure sections 1085 and 1087, commanding Respondents to immediately stop enforcing the County’s Order at any time because it is impliedly preempted by state law. EIGHTH CAUSE OF ACTION (FOR DECLARATORY AND INJUNCTIVE RELIEF) FIELD PREEMPTION - IMPLIED 119. Plaintiffs re-allege all prior paragraphs and incorporate them fully herein. 120. The County’s Order is impliedly preempted because it attempts t0 regulate in a field that has been fully occupied, to the exclusion of local regulation, by a consortium 0f state statutes and regulations, including but not limited t0 sections 26500-28490 0f the California Penal Code, and title 11, sections 4016-4024 of the California Code 0f Regulations. 121. The County’s Order is impliedly preempted because it seeks to regulate in a field that has been partially occupied by state laws that indicate an intent to preempt local bans on the sale 0f firearms. 122. By ordering gun stores t0 close, Respondents are effectively banning the sale of firearms with the County of Santa Clara. 123. Plaintiffs seek declaratory relief because they contend the County’s Order is impliedly preempted by California law. Defendants dispute this contention and contend that the County’s Order is not impliedly preempted by state law. An active controversy now exists between Plaintiffs and Defendants as t0 Whether the County’s Order is impliedly preempted by state law. 124. T0 resolve this controversy, Plaintiffs request that, pursuant to California Code of Civil Procedure section 1060, this Court declare that the County’s Order is impliedly preempted by state law and is therefore unconstitutional. 22 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 125. Plaintiffs also seek injunctive relief pursuant t0 sections 525 and 526 of the Code 0f Civil Procedure because the County’s Order is impliedly preempted by state law. 126. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order 0f this Court, Will continue to cause irreparable injury t0 Plaintiff Lokey Firearms Who Will be forced t0 cease the lawful operation of their firearm and ammunition business or face criminal arrest and prosecution and/or civil penalties for Violating a policy that contradicts state law. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order 0f this Court, Will also continue to cause irreparable injury t0 members and supporters of Plaintiff CRPA, Who will be indefinitely unable t0 exercise their rights under California law and the Second Amendment t0 lawfully acquire new 0r retrieve already-purchased firearms Within the County of Santa Clara. 127. Defendants’ wrongful conduct will be 0f a continuing and indefinite nature for which Plaintiffs Will have n0 adequate remedy at law, in that it will be impossible for them t0 determine monetary damages caused by Defendants’ wrongful conduct. 128. Accordingly, Plaintiffs seek a preliminary and permanent injunction forbidding Defendants from enforcing the County’s Order because it is impliedly preempted by state law. NINTH CAUSE OF ACTION (FOR DECLARATORY AND INJUNCTIVE RELIEF) VIOLATION OF CALIFORNIA CONST., ART. I, SEC. 7(a) 129. Plaintiffs re-allege all prior paragraphs and incorporate them fully herein. 130. Article I, Section 7(a) 0f the California Constitution provides, in relevant part, that: “A person may not be deprived 0f life, liberty, 0r property without due process 0f law . . ..” 13 1. The County’s Order deprives Plaintiff Lokey Firearms of their property Without due process 0f law by closing their store and prohibiting them from operating, thereby nullifying their license t0 operate. 132. The County’s Order deprives members and supporters 0f PlaintiffCRPA of their property, firearms that are being held at shuttered Santa Clara FFLs and thus inaccessible, Without due process 0f law. /// 23 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 133. Plaintiff Lokey Firearms seek declaratory relief because they contend the County’s Order deprives them of their property without due process of law by closing their store and prohibiting them from operating thereby nullifying their license t0 operate. Members and supporters 0f PlaintiffCRPA seek declaratory relief because they contend the County’s Order deprives them of their property, firearms that are being held at shuttered Santa Clara FFLs and thus inaccessible. Defendants dispute these contentions and contend that the County’s Order provides Plaintiffs due process. An active controversy now exists between Plaintiffs and Defendants as t0 Whether the County’s Order is lawful. 134. To resolve this controversy, Plaintiffs request that, pursuant to California Code of Civil Procedure section 1060, this Court declare that the County’s Order deprives Plaintiffs of their property without due process 0f law and is therefore unconstitutional. 135. Plaintiff Lokey Firearms also seek injunctive relief pursuant t0 sections 525 and 526 0f the Code 0f Civil Procedure because the County’s Order deprives Plaintiff Lokey Firearms of their property Without due process 0f law by closing their store and prohibiting them from operating, thereby nullifying their license t0 operate, and is therefore unconstitutional. Members and supporters of PlaintiffCRPA seek injunctive relief pursuant to sections 525 and 526 0f the Code of Civil Procedure because the County’s Order deprives them 0f their property, firearms that are being held at shuttered Santa Clara FFLS and thus inaccessible. 136. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order of this Court, will continue to cause irreparable injury to Plaintiff Lokey Firearms who will be forced t0 cease the lawful operation 0f their firearm and ammunition business or face criminal arrest and prosecution and/or civil penalties for Violating a policy that contradicts state law. Defendants’ enactment and enforcement 0f the County’s Order, unless enjoined by order of this Court, Will also continue t0 cause irreparable injury t0 members and supporters 0f Plaintiff CRPA, who will be indefinitely unable to exercise their rights under California law and the Second Amendment to lawfillly acquire new 0r retrieve already-purchased firearms Within the County 0f Santa Clara. / / / 24 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 137. Defendants’ wrongful conduct will be 0f a continuing and indefinite nature for which Plaintiffs will have n0 adequate remedy at law, in that it will be impossible for them to determine monetary damages caused by Defendants’ wrongful conduct. 138. Accordingly, Plaintiffs seek a preliminary and permanent injunction forbidding Defendants from enforcing the County’s Order because it is unconstitutional. PRAYER FOR RELIEF Wherefore Plaintiffs/Petitioners pray for the following relief: 1. A declaration that the County’s Order violates the State’s Order and is therefore invalid as set forth above; 2. A declaration that the County’s Order is preempted by state law and therefore invalid as set forth above; 3. A declaration that the County’s Order violates due process under the California Constitution and is therefore invalid as set forth above; 4. Issuance of stay of enforcement ordering Defendants/Respondents t0 immediately cease enforcing the County’s Order pending resolution 0f this action; 5. Issuance 0f a peremptory writ 0f mandate commanding Defendants/Respondents to cease enforcing the County’s Order at any time; 6. Issuance of a preliminary injunction immediately prohibiting Defendants/Respondents from enforcing the County’s Order pending resolution of this action; 7. Issuance of a permanent injunction prohibiting Defendants/Respondents from enforcing the County’s Order; 8. Award of damages according to proof under section 1095 of the California Code of Civil Procedure, or any other applicable provision; 9. Costs and attorneys’ fees as provided for by law; and / / / / / / / / / / / / 25 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Such other relief as this Court deems just and proper. Dated: April 9, 2020 MICHEL & ASSOCIATES. P.C.fig/f Sean A. Brady Attorneys for Petitioners-Plaintiffs 26 PETITION FOR WRIT OF MANDATE / COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, Ryan Lokey, declare: I am the Owner of Lokey Firearms, one of the petitioners in this action. As the Owner, I am authorized t0 make this verification 0n behalf 0f Lokey Firearms. I have read the above PETITION FOR WRIT OF MANDATE AND/OR PROHIBITION OR OTHER APPROPRIATE RELIEF; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF and know its contents. A11 facts alleged in the petition regarding the particular circumstances 0f Lokey Firearms 0r its employees are within my personal knowledge and I know these facts t0 be true. As t0 all other facts alleged therein, I am informed and believe, and 0n those grounds allege, that those matters are also true. I declare under the penalty 0f perjury that the foregoing is true and correct and that this declaration was executed on 04/04/2020 , at Morgan Hi" , California. WL&@ Ryag Lokey a Declarant 27 VERIFICATION DocuSign Envelope ID: 64F79DCD-03B8-4259-8DFE-F3D87BA10496 OO\]O\UI-I>UJN \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, Chris Chiafullo, declare: I am the Managing Member 0fFFLGuard, LLC (“FFLGuard”), one of the petitioners in this action. As the Managing Member, I am authorized t0 make this verification on behalf 0f FFLGuard. Ihave read the above PETITION FOR WRIT OF MANDATE AND/OR PROHIBITION OR OTHER APPROPRIATE RELIEF; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF and know its contents. A11 facts alleged in the petition regarding the particular circumstances of FFLGuard or its employees are within my personal knowledge and I know these facts to be true. As t0 all other facts alleged therein, I am informed and believe, and on those grounds allege, that those matters are also true. I declare under the penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 9, 2020 , at New York CiW: New York- DocuSigned by: Ums UuafiAlLo 180286EQSBC147E... Chris Chiafullo Declarant 28 VERIFICATION VERIFICATION I, Mike Barranco. declare: I am the Vice President 01’ C‘alimmm Rifle & Pistol Association. Incorporated (“CRPA”). one oi‘thc petitioners in this action. .v\:-, Viv- President. f- am authorized t0 make this verification on bchalfofCRPA. l have read Ihc above PETITION FOR WRIT OF MANDATE AND/OR PROHIBITION OR OTHER APPROPRikTE RELIEF: COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF and know its contents. All facts alleged in the petition regarding the particular circumsiunnw 01‘ CRPA or its members are within my personal knowledge and I know those facts :u hg- h'uc. ‘xs io aH mhcr facts alleged therein, I am infonned and believe. and 0n those grounds allcgc. 11ml 111050 matters arc also true. I declare under the penalty 0f perjury that thc foregoing is true and correct and that this declaration was executed on A Pm L. r) 3 , 2,020 , at 1vaE , California. ”27¢, wig ~K.\ Mike Barranco Declarant 29 ‘ "VERIFICATION“ EXHIBIT A 3O EXECUTIVE DEPARTMENT STATE OF CALIFORNIA PROCLAMATION OF A STATE OF EMERGENCY WHEREAS in December 2019, on outbreak of respiratory illness due ’ro o novel coronovirus (a disease now known as COVlD-I 9), was first identified in Wuhan City, Hubei Province, Chino, and has spread outside of Chino, impacting more than 75 countries, including the United States; 0nd WHEREAS The State of California has been working in close collaboration with the national Centers for Disease Control 0nd Prevention (CDC), with the United States Health 0nd Human Services Agency, 0nd with local health departments since December 2019 To monitor 0nd plan for fhe potential spread of COVID-19 f0 the United States; 0nd WHEREAS on January 23, 2020, The CDC activated its Emergency Response System fo provide ongoing support for the response to COVID- 19 across the country; 0nd WHEREAS on January 24, 2020, The California Departmenf of Public Health activated ifs Medical and Health Coordination Center and on March 2, 2020, The Office of Emergency Services activated the State Operations Center To support 0nd guide state 0nd local actions to preserve public health; and WHEREAS the California Department of Public Health hos been in regular communication with hospitals, clinics and other health providers 0nd has provided guidance 10 heolfh facilities and providers regarding COVlD-l 9; 0nd WHEREAS os of March 4, 2020, across The globe, there ore more than 94,000 confirmed cases of COVID-l 9, tragically resulting in more than 3,000 deaths worldwide; and WHEREAS 05 of March 4, 2020, there are 129 confirmed cases of COVlD-19 in the United States, including 53 in California, 0nd more than 9,400 Californians across 49 counties ore in home monitoring based on possible ’rroveI-bosed exposure fo the virus, 0nd officials expect ’rhe number of cases in California, the United States, 0nd worldwide to increase; 0nd WHEREAS for more Than a decode California hos had o robust pandemic influenza plan, supported loco! governments in the development of Iocol plans, 0nd required ’rhot state 0nd local plans be regularly updated 0nd exercised; 0nd WHEREAS California hos o strong federal, s’rote 0nd Iocol public health 0nd heol’rh core delivery system that hos effectively responded to prior events including the H1 N1 influenza virus in 2009, 0nd most recently Ebola; 0nd 31 WHEREAS experts anticipate that while a high percen’roge of individuals affected by COVID-l? will experience mild fIU-like symptoms, some will hove more serious symptoms and require hospitalization, particularly individuals who ore elderly or already hove underlying chronic health conditions; 0nd WHEREAS i1 is imperative To prepare for and respond To suspected or confirmed COVlD-19 cases in California, 10 implement measures to mitigate the spread of COVID-19, and 10 prepare to respond To 0n increasing number of individuals requiring medical core 0nd hospitalization; and WHEREAS if COVID-19 spreads in California 01 a rote comparable to the rote of spread in other countries, the number of persons requiring medical core may exceed locolly available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and sofe’ry of The people of California, and limits the spread of infection in our communities and within the healthcore delivery system; and WHEREAS personal protective equipment (PPE) is not necessary for use by the general population but appropriate PPE is one of the most effective ways to preserve 0nd protect California's heolthcore workforce at this critical Time 0nd to prevent The spread of COVID-l 9 broadly; 0nd WHEREAS state 0nd local health departments musf use all available preventative measures to combat the spread of COVID-1 9, which will require access To services, personnel, equipment, facilities, 0nd other resources, potentially including resources beyond those currently available, f0 prepare for and respond to any potential cases 0nd the spread of The virus; 0nd WHEREAS | find That conditions of Government Code section 8558(b), relating to 1he declaration of o State of Emergency, hove been met; 0nd WHEREAS | find That the conditions caused by COVID-1 9 ore likely to require the combined forces of o mutual aid region or regions to appropriately respond; and WHEREAS under 1he provisions of Government Code section 8625(c), | find ’rhot local authority is inodequoie to cope with the threat posed by COVID-19; 0nd WHEREAS under the provisions of Government Code section 8571, | find that strict compliance with various statutes 0nd regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate ’rhe effects of the COVID-1 9. NOW, THEREFORE, l, GAVIN NEWSOM, Governor of The State of California, in accordance wi’rh the authority ves’red in me by the State Constitution and s1ofu1es, including The California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY 10 exist in California. IT IS HEREBY ORDERED THAT: 1. In preparing for 0nd responding To COVID-19, all agencies of ’rhe s’rote government use and employ state personnel, equipment, 0nd facilities or perform any 0nd all activities consistent with fhe direction of the Office of Emergency Services 0nd The State Emergency Plan, as well as the California Department of Public Health 0nd the Emergency Medical Services Authority. Also, oll residents ore to heed the advice of emergency officials with regard to this emergency in order 10 protect Their safety. As necessary ’ro assist local governments and for The protection of public health, state agencies sholl enter into contracts To arrange for the procurement of materials, goods, 0nd services needed To assist in preparing for, containing, responding To, mitigating the effects of, 0nd recovering from the spread of COVlD-1 9. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, ore suspended 10 The extent necessary to address the effects of COVID-19. Any out-of-sfofe personnel, including, but not limited 10, medical personnel, entering California to assist in preparing for, responding to, mitigating ’rhe effects of, 0nd recovering from COVID-1 9 shall be permitted ’ro provide services in The some manner as prescribed in Government Code section 179.5, with respect fo licensing 0nd certification. Permission for any such individual rendering service is subject To the approval of the Director of the Emergency Medical Services Authority for medical personnel and The Director of the Office of Emergency Services for non-medicol personnel 0nd shall be in effect for a period of ’rime not to exceed The duration of this emergency. The fime limitation set forth in Penal Code section 396, subdivision (b), prohibiting price gouging in fime of emergency is hereby waived as it relates to emergency supplies 0nd medical supplies. These price gouging protections shall be in effect Through September 4, 2020. . Any sfoTe-owned properties that the Office of Emergency Services determines are suitable for use To assist in preparing for, responding to, mitigating The effec’rs of, or recovering from COVID-19 shall be mode available to The Office of Emergency Services for This purpose, notwithstanding ony state or local low That would restrict, delay, or otherwise inhibit such use. Any fairgrounds that The Office of Emergency Services determines are suitable to assist in preparing for, responding to, mitigating The effects of, or recovering from COVID-l 9 shall be mode available ’ro the Office of Emergency Services pursuant ’ro the Emergency Services ACT, Government Code section 8589. The Office of Emergency Services shall notify The fairgrounds of the intended use and con immediately use The fairgrounds without The foirground boorfiof directors' approval, 0nd om~mask» m w.W « notwithstanding any state or local low that would restrict, delay, or otherwise inhibit such use. The 30-day time period in Heol’rh and Safety Code section 101 080, within which o local governing authority must renew o local health emergency, is hereby waived for The duration of This statewide emergency. Any such local health emergency will remain in effect until each local governing authority Terminates ifs respective local health emergency. . The 60-day time period in Government Code section 8630, within which local government authorities must renew o local emergency, is hereby waived for ’rhe duration of This statewide emergency. Any local emergency proclaimed will remain in effect until each local governing authority terminates its respective local emergency. The Office of Emergency Services shall provide assistance ’ro local governments That hove demonstrofed extraordinary or disproporfionofe impacts from COVlD-1 9, if appropriate and necessary, under the authority of the California Disaster Assistance Act, Government Code section 8680 e’r seq., 0nd California Code of Regulations, Title 19, section 2900 e1 seq. 10. To ensure hospitals 0nd other health facilities are able 10 H adequately treat patients legally isolated as o result of COVID- 19, The Director of The California Department of Public Health may waive ony of The licensing requirements of Chapter 2 of Division 2 of the Health and Safety Code 0nd accompanying regulations with respect ’ro ony hospital or health facility identified in Health 0nd Safety Code section 1250. Any waiver shall include alternative measures 1hoT, under 1he circumstances, will allow the facilities To treat legally isolated patients while protecting public health 0nd safety. Any facilities being granted o waiver shall be established 0nd operated in accordance wiTh The facility’s required disaster ond moss casualty plan. Any waivers granted pursuant f0 This paragraph shall be posted on the Department‘s website. .To support consistent practices across California, state departments, in coordination with the Office of Emergency Services, shall provide Updated 0nd specific guidance relating to preventing 0nd mitigating COVID-19 to schools, employers, employees, first responders 0nd community core facilities by no later Than March 10, 2020. 12.To promptly respond for the protection of public health, state entities ore, notwithstanding any other state or local low, authorized to shore relevant medical information, limited ’ro the patienf's underlying health conditions, oge, current condition, date of exposure, and possible contact Tracing, as necessary 1o address the effect of the COVID-19 outbreak with state, local, federal, and nongovernmental partners, with such information 10 be used for the limited purposes of monitoring, investigation and control, 0nd Treatment and3cioordinofion of core. The gum. «gugfimrm m nofificofion requirement of Civil Code section 1798.24, subdivision (i), is suspended. 13.Nofwi1hs’randing Health and Safety Code sections 1797.52 0nd 1797.21 8, during fhe course of This emergency, cmy EMT-P licensees shall hove The ou’rhori’ry To Transport patients 10 medical facilities other than acute core hospitals when approved by The California EMS Aufhoriwry. In order To carry out this order, To the extent ’rho’r The provisions of Health 0nd Sofe’ry Code sections 1797.52 and 1797.21 8 may prohibit EMT-P licensees from Transporting patients to facilities other fhon acute core hospitals, Those statutes ore hereby suspended until the termination of this State of Emergency. 14.The Department of Social Services may, to The extent The Department deems necessary ’ro respond 10 the threat of COVID-l 9, waive any provisions of The Health 0nd Sofe’ry Code or Welfare and Institutions Code, 0nd accompanying regulations, interim licensing standards, or ofher wrifien policies or procedures with respect 10 The use, licensing, or approval of facilities or homes within The Department's jurisdiction set forth in the California Community Core Facilities AC1 (Health 0nd SafeTy Code section 1500 e1 seq.), the California Child Doy Core Facilities ACT (Health 0nd Safety Code section 1596.70 e1 seq.), 0nd fhe California Residential Core Facilities for The Elderly Act (Health and Safety Code section 1569 e1 seq.). Any waivers granted pursuant ’ro ’rhis paragraph shall be posted on the Department's website. l FURTHER DIRECT that cs soon as hereafter possible, ’rhis proclamation be filed in the Office of fhe Secretory of State and That widespread publicity and notice be given of ’rhis proclamation. IN WITNESS WHEREOF I hove hereunto seir my hand and caused The Greo’r Seal of the State of ' mic 10 b affixed this 41h day rch 2020 N NEW3>OM ernor of California ATTEST: ALEX PADILLA Secretory of State 35 EXHIBIT B 36 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-33-20 WHEREAS on March 4, 2020, | proclaimed o S’ro’re of Emergency ’ro exist in California Gs o result of ’rhe Threat of COVID-19; 0nd WHEREAS in o shor’r period of Time, COVID-19 hos rapidly spread throughout California, necessitating Updo’red 0nd more sTringen’r guidance from federal, s’rcfie, 0nd locol public heolTh officials; 0nd WHEREAS for The preservation of public heol’rh 0nd sofe’ry Throughout The enfire SToTe of California, I find i’r necessary for oll Californians ’ro heed ’rhe S’ro’re public heol’rh directives from ’rhe Depor’rmen’r of Public Heol’rh. NOW, THEREFORE, |, GAVIN NEWSOM, Governor of The SToTe of California, in accordance wi’rh The authority vested in me by The S’ro’re Cons’ri’ru’rion 0nd s’rotu’res of The STote of California, 0nd in por’riculor, Government Code secTions 8567, 8627, 0nd 8665 do hereby issue The following Order ’ro become effective immedio’rely: IT IS HEREBY ORDERED THAT: 1) To preserve The public heol’rh cmd sofe’ry, 0nd To ensure ’rhe heol’rhcore delivery sysTem is copoble of serving oll, 0nd prioritizing Those o’r the highest risk 0nd vulnerability, oll residents ore directed ’ro immedio’rely heed ’rhe current S’ro’re public heol’rh directives, which l ordered The Depor’rmem of Public Heol’rh ’ro develop for ’rhe current sto’rewide sfo’rus of COVID-19. Those directives ore consistent wi’rh ’rhe March 19, 2020, Memorandum on Identification of Essential Cri’ricol Infros’rrUC’rure Workers During COVlD-19 Response, found CIT: hfios://covid19.co.qov/. Those direcfives follow: ORDER OF THE STATE PUBLIC HEALTH OFFICER Morch 19, 2020 To protect public health, | os S’rofe Public Health Officer 0nd Director of The California Depor’rment of Public Heol’rh order oll individuals living in The S’ro’re of California ’ro s’roy home or 0T ’rheir place of residence except as needed ’ro maintain continuity of operations of The federal critical infros’rruc’rure sectors, Gs ou’rlined 0T hfiQsfiwwwciso.govflden’rifying-crificoI-infrostructure-during-covid-1 9. In addition, 0nd in consul’rofion with The Director of ’rhe Governor's Office of Emergency Services, l moy designo’re oddi’rionol sectors os critical in order To pro’rec’r The health 0nd welI-being of oll Californians. PursuonT ’ro The authority under ’rhe Heol’rh 0nd Sofe’ry Code 1201 25, 120140, 131080, 120130(c), 120135, 120145, 120175 0nd 120150, This order is ’ro go in’ro effect immediately 0nd sholl s’roy in effect unfil further notice. The federal government hos identified 16 critical infrostruc’rure sec’rors whose osse’rs, systems, 0nd networks, whether physical or vir’ruol, ore considered so vi’rol To The United S’ro’res tho’r Their incopoci’ro’rion or «fifl destruction would hove c1 debilitating effect on security, economic security, public health or safety, or ony combination Thereof. I order That Californians working in These 16 critical infrastructure sectors moy continue their work because of the importance of These sectors To Californians” health 0nd welI-being. This Order is being issued ’ro protect the public health of Californians. The California Department of Public Heoh‘h looks To establish consistency across The sToTe in order To ensure That we mitigate The impact of COVlD-I 9. Our goal is simple, we wont ’ro bend the curve, 0nd disrupt the spread of the virus. The supply chain must continue, 0nd Californians must hove access To such necessities Gs food, prescriptions, 0nd health core. When people need ’ro leave their homes or places of residence, whether ’ro obtain or perform The functions above, or to otherwise facilitate authorized necessary activities, they should of oll times practice social distancing. 2} The heoh‘hcore delivery system shall prioritize services 1‘0 serving those who ore the sickest 0nd shall prioritize resources, including personal protective equipment, for the providers providing direct core To them. 3) The Office of Emergency Services is directed To Toke necessary steps To ensure compliance with this Order. 4) This Order shall be enforceable pursuant to California low, including, bu’r not limited to, Government Code section 8665. IT IS FURTHER ORDERED fho’r Gs soon os hereafter possible, this Order be filed in ’rhe Office of ’rhe Secretory of S’rofe 0nd fhof widespread publicity 0nd notice be given of This Order. This Order is no’r intended to, 0nd does not, create ony rights or benefits, substantive or procedural, enforceable cn‘ low or in equity, against The State of California, its agencies, departments, entities, officers, employees, or ony other person. IN WITNESS WHEREOF I hove hereunto set my hand 0nd caused The Gre TSeol ofthe tote of ' d his 19th doy ' GAv NEwson'A ' e nor of California ATTEST: ALEX PADILLA Secretory of S’ro’re ~*fiw38 EXHIBIT C 39 CISA WEfiilWHflfiTfiLlE-“TUEE IDENTIFYING CRITICAL INFRASTRUCTURE DURING COVlD-19 Essential Critical} r3 Infrastructure "mm Worker5 5’5““ : Nuclear Reactors. Materials 8: Wasfe Q {HER MWNUACTURE NOTE: This information was originally posted on March 19 and was updated on March 28. Expand All Sections Guidance on the Essential Critical Infrastructu re Workforce 16 Critical Infrastructu re Sectors Frequently Asked Questions 40 TLP:WHITE EXHIBIT D 41 U.S. Department of Homeland Security Cybersecurity & Infrastructure Security Agency Oflice 0fthe Director Washington, DC 20528 9%.» ’° CISA1:0 -9 {:- & a-d) CYBER+IN FRASTRUCTURE March 28, 2020 ADVISORY MEMORANDUM 0N IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-l9 RESPONSE FROM: Christopher C. Krebs Director Cybersecun'ty and Infrastructure S curity Agency (CISA) As the Nation comes together to slow the spread 0f COVID-19, 0n March 16th the President issued updated Coronavirus Guidance for America that highlighted the importance of the critical infrastructure workforce. The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security’s authorities t0 secure critical infrastructure. Consistent With these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an “Essential Critical Infrastructure Workforce” advisory list. This listis intendedto help State, local, tribal andterritofial officials as they work to protect their communities, while ensuring continuity 0f functions critical t0 public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based 0n the specific COVID-19-related concerns 0f particularjurisdictions. This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended t0 be the exclusive list 0f critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add 0r subtract essential workforce categories based on their own requirements and discretion. The advisorylist identifies workers who conduct a range ofoperations and services that are typically essential to continued critical infrastructure Viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers Who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, 42 and public works. State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Similarly, while adhering to relevant public health guidance, critical infrastructure owners and operators are expected to use their own judgement on issues of the prioritization of business processes and workforce allocation to best ensure continuity 0f the essential goods and services they support. A11 decisions should appropriately balance public safety, the health and safety 0f the workforce, and the continued delivery of essential critical infrastructure services and functions. While this advisory list is meant to help public officials and employers identify essential work functions, it allows for the reality that some workers engaged in activity determined to be essential may be unable to perform those functions because of health-related concerns. CISA will continue t0 work with our partners in the critical infrastructure community t0 update this advisory list if necessary as the Nation’s response to COVID-19 evolves. Should you have questions about this list, please contact CISA at CISA.CAT(chisa.dhs.gov. Attachment: “Guidance 0n the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0” 43 HEF‘END mnAY,SECURETeM R Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0 (March 28, 2020) THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community weII-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations. This advisory guidance and accompanying list are intended to support state, local, tribal, territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response. This document gives advisory guidance on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. CISA will continually solicit and accept feedback on the list and will evolve the list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work with partners on how they are using this list and share those lessons learned and best practices broadly. Feedback can be sent to CISA.CAT@CISA.DHS.GOV. CONSIDERATIONS FOR GOVERNMENT AND BUSINESS This list was developed in consultation with federal agency partners, industry experts, and State and local officials, and is based on several key principles: 1. Response efforts to the COVID-19 pandemic are locally executed, state managed, and federally supported. 2. Everyone should follow guidance from the CDC, as well as State and local government officials, regarding strategies to limit disease spread. 3. Workers should be encouraged to work remotely when possible and focus on core business activities. In- person, non-mandatory activities should be delayed until the resumption of normal operations. 4. When continuous remote work is not possible, businesses should enlist strategies t0 reduce the likelihood of spreading the disease. This includes, but is not necessarily limited to, separating staff by off-setting shift hours or days and/or social distancing. These steps can preserve the workforce and allow operations to continue. 5. All organizations should implement their business continuity and pandemic plans or put plans in place if they do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the CONNECT WITH US Linkedin.com/company/cybersecurity- www.clsa.gov and-infrastructure-security-agency For more Informatlon- ll. CISAOAT@G j : Essential Critical Infrastructure Workforce health and safety of the employees. 6. Reliance on technology and just-in-time supply chains means that certain workers must be able to access certain sites, facilities, and assets to ensure continuity of functions. 7. Government employees, such as emergency managers, and the business community need to establish and maintain lines ofcommunication. 8. When government and businesses engage in discussions about essential critical infrastructure workers,they need to consider the implications of business operations beyond the jurisdiction where the asset or facility is located. Businesses can have sizeable economic and societal impacts as well as supply chain dependencies that are geographicallydistributed. 9. Whenever possible, jurisdictions should align access and movement control policies related to critical infrastructure workers to lowerthe burden of workers crossingjurisdictional boundaries. IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS The following list of identified essential critical infrastructure workers is intended to be overly inclusive reflecting the diversity of industries across the United States. Essential Critical Infrastructure mméum Workers ‘ h , 8W” 7 Huflear Reactovs, 7v Matarlab fl Waste B’lflél-MFRHRJCW CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_govFor more lnformatlon, emall CISA.CAT@clsa.dhs.gov fl Facebook_com/CISA Essential Critical Infrastructure Workforce HEALTHCARE/ PUBLIC HEALTH o Workers who perform critical clinical research, development, and testing needed for COVID-19 response. o Healthcare providers and Caregivers including physicians, dentists, psychologists, mid-Ievel practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, optometrists, speech pathologists, chiropractors, and diagnostic and therapeutictechniciansand technologists. o Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technolog)’, nutritionists, sanitarians, respiratorytherapists, etc.). o Workers in other medical and biomedical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Nursing Care Facilities, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical good and supplies). o Manufacturer workers for health manufacturing (including biotechnology companies), materials and parts suppliers, logistics and warehouse operators, distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietarysupplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products. o Public health / community health workers, includingthose who compile, model, analyze and communicate public health information. o Blood and plasma donors and the employees of the organizations that operate and manage related activities. o Workers who manage health plans, billing, and health information, who cannot practically work remotely. o Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practically work remotely. o Workers performing information technologiand cybersecurityfunctions at healthcare and public health facilities, who cannot practically work remotely. o Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely. o Pharmacyemployees necessaryto maintain uninterru pted prescription filling. o Workers performing mortuary funeral, cremation, burial, cemetery, and related services, including funeral homes, crematoriums, cemeteryworkers, and coffin makers. o Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental/behavioral health services to the family mem bers, responders, and survivors of an incident. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_govFor more lnformatlon, emall CISA.CAT@clsa.dhs.gov fl Facebook_com/CISA Essential Critical Infrastructure Workforce LAW ENFORCEMENT, PUBLIC SAFETY, AND OTHER FIRST RESPONDERS Public, private, and voluntary personnel (front line and management) in emergency management, law enforcement, fire and rescue services, emergency medical services, and private security, to include public and private hazardous material responders, air medical service providers (pilots and supporting technicians), corrections, and search and rescue personnel. 911 call center employees and Public Safety Answering Points who can't perform their duties remotely. Fusion Centeremployees. Workers - including contracted vendors - who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations (to include electronic security and life safety security personnel). Workers supporting the manufacturing of safety equipment and uniforms for law enforcement, public safety personnel, and first responder. Workers supporting the operation of firearm 0r ammunition product manufacturers, retailers,importers, distributors, and shooting ranges. Public agency workers responding to abuse and neglect of children, elders, and dependentadults. Workers who support weather disaster/ natural hazard mitigation and preventionactivities. Security staff to maintain building access control and physical securitymeasures. FOOD AND AGRICULTURE Workers supporting groceries, pharmacies, convenience stores, and other retail (including unattended and vending) that sells human food, animaI/pet food and pet supply, and beverage products, including retail customer support service and information technology support staff necessary for online orders, pickup and delivery. Restaurant carry-out and quick serve food operations, including dark kitchen and food prep centers, and carry- out and delivery food employees. Food manufacturer employees and their supplier employees-to include those employed in food ingredient production and processing facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food; beverage production facilities; and the production of food packaging. Farmers, farm workers, and agribusiness support services to include those employed in auction and sales: grain and oilseed handling, processing and distribution; animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce ourfood supplydomestically and for export. Farmers, farm workers, support service workers, and their supplier employees to include those engaged in producingand harvesting field crops; commodity inspection; fuel ethanol facilities; biodiesel and renewable diesel facilities; storage facilities; and other agricultural inputs. Employees and firms supporting the distribution of food, feed, and beverage and ingredients used in these products, including warehouse workers, vendor- managed inventory controllers and blockchain managers. Workers supporting the sanitation and pest control of all food manufacturing processes and operations from wholesale to retail. Employees in cafeterias used to feed employees, particularly employee populations sheltered against COVID-19. Workers in animal diagnostic and food testing laboratories in private industries and in institutions of higher education. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov For more lnformatlon, and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_gov emall CISA.CAT@clsa.dhs.gov fl Facebook,com/CISA Essential Critical Infrastructure Workforce Government, private, and non-governmental organizations’ workers essential for food assistance programs (including school lunch programs) and governmentpayments. Employees of companies engaged in the production, storage, transport, and distribution of chemicals, medicines, vaccines, and othersubstances used by the food and agriculture industry, including seeds, pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids. Animal agriculture workers to include those employed in veterinary health (including those involved in supporting emergency veterinary or livestock services); raising 0f animals for food; animal production operations; livestock markets; slaughter and packing plants, manufacturers, renderers, and associated regulatory and government workforce. Transportation supporting animal agricultural industries, including movement of animal medical and reproductive supplies and materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, live animals, animal by-products, and deceased animals fordisposal. Workers who support sawmills and the manufacture and distribution of fiber and forest products, including, but not limited to timber, paper, and other wood andfiberproducts. Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessaryfor agricultural production anddistribution. ENERGY Workers supporting the energy sector, regardless of the energy source (including but not limited to nuclear, fossil, hydroelectric, or renewable), segment of the system, or infrastructure the worker is involved in, or who are needed to monitor, operate, engineer, and maintain the reliability, safety, environmental health, and physical and cyber security of the energy system. Energy/commodity trading/scheduling/marketing functions, who can't perform their dutiesremotely. IT and OT technology for essential energy sector operations including support workers, customer service operations; energy management systems, control systems, and Supervisory Control and Data Acquisition SCADA systems, and energy sector entity data centers; cybersecurity engineers; and cybersecurity risk management. Workers supporting the energy sector through renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, ocean, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. Workers and security staff involved in nuclear re-fueling operations. Providing services related to energy sector fuels (including, but not limited, petroleum (crude oil), natural gas, propane, natural gas liquids, other liquid fuels, nuclear, and coal), supporting the mining, processing, manufacturing, construction, logistics, transportation, permitting, operation/maintenance, security, waste disposal and storage, and monitoring of support for resources. Environmental remediation/monitoring, limited to immediate critical needs technicians. Manufacturing and distribution 0f equipment, supplies, and parts necessaryto maintain production, maintenance. restoration, and service at energy sector facilities (across all energy sector segments). Electricity industry: Workers who maintain, ensure, or restore, or are involved in the development, transportation, fuel procurement, expansion, or operation of the generation, transmission, and distribution of electric power, including call centers, utility workers, engineers, retail electricity, constraint maintenance, and fleet maintenance technicians- who cannot perform their dutiesremotely. Workers at coal mines, production facilities, and those involved in manufacturing, transportation, permitting, operation/maintenance and monitoring at coal sites which is critical to ensuring the reliability of the electrical system. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov For more lnformatlon, and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_gov emall CISA.CAT@clsa.dhs.gov fl Facebook,com/CISA Essential Critical Infrastructure Workforce Workers who produce, process, ship and handle coal used for power generationand manufacturing. Workers needed for safe and secure operations at nuclear generation to include but not limited to, the broader nuclear supply chain, parts to maintain nuclear equipment, fuel manufacturers and fuel components used in the manufacturing of fuel. Workers at renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. Workers at generation, transmission, and electric black startfacilities. Workers at Reliability Coordinator, Balancing Authorities, and primary and backup Control Centers, including but not limited to independent system operators, regional transmission organizations, and local distribution control centers. Mutual assistance personnel which may include workers from outside of the state or local jurisdiction. Vegetation management and traffic control for supporting thosecrews. Environmental remediation/monitoring workers limited to immediate critical needstechnicians. Instrumentation, protection, and controltechnicians. Essential support personnel for electricity operations. Generator set support workers such as diesel engineers used in powergeneration including those providing fuel. Petroleum industry: Workers for onshore and offshore petroleum drilling operations; platform and drilling construction and maintenance; transportation (including helicopter operations), maritime transportation, supply, and dredging operations; maritime navigation; well stimulation, intervention, monitoring, automation and control, extraction, production; processing; waste disposal, and maintenance, construction, and operations. Workers for crude oil, petroleum and petroleum product storage and transportation, including pipeline, marine transport, terminals, rail transport, storage facilities and racks and roadtransport for use as end- use fuels such as gasoline, diesel fuel, jet fuel, and heating fuels or feedstocks for chemical manufacturing. Petroleum and petroleum product security operations center employees and workers who support maintenance andemergency response services. Petroleum and petroleum product operations control rooms/centers and refinery facilities. Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them. Supporting new and existing construction projects, including, but not limited to, pipeline construction. Natural Gas, Natural Gas Liquids (NGL), Propane, and other liquid fuels Workers who support onshore and offshore drilling operations, platform and drilling construction and maintenance; transportation (including helicopter operations); maritime transportation, supply, and dredging operations; maritime navigation; natural gas and natural gas liquid production, processing, extraction, storage and transportation; well intervention, monitoring, automation and control; waste disposal, and maintenance, construction, and operations. Transmission and distribution pipeline workers, including compressor stations and any other required, operations maintenance, construction, and support for natural gas, natural gas liquid, propane, and other liquid fuels. Natural gas, propane, natural gas liquids, and other liquid fuel processing plants, including construction, maintenance, and support operations. Natural gas processing plants workers, and those that deal with natural gasliquids. Workers who staff natural gas, propane, natural gas liquids, and other liquid fuel security operations centers, operations dispatch and control rooms/centers, and emergency response and customer emergencies (including leak calls)operations. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov For more information, and-infrastructure-security-agency a @CISAgov | @cyber | @uscert_gov email eISA.CAT@cisa.dhs.gov fl Facebook.com/CISA Essential Critical Infrastructure Workforce chemical manufacturing, or use in electricitygeneration. o Dispatch and control rooms and emergency response and customer emergencies, including propane leak calls. o Propane gas service maintenance and restoration, including call centers. o Propane, natural gas liquids, and other liquid fuel distribution centers. o Propane gas storage, transmission, and distribution centers. o Supporting new and existing construction projects, including, but not limited to, pipeline construction. o Ethanol and biofuel production, refining, and distribution. o Workers in fuel sectors (including, but not limited to nuclear, coal, and gas types and liquid fuels) supporting the mining, manufacturing, logistics, transportation, permitting, operation/maintenance, and monitoring of support for resources. WATER AND WASTEWATER Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including: o Operational staff at waterauthorities. o Operational staff at community watersystems. o Operational staff at wastewater treatment facilities. o Workers repairing water and wastewater conveyances and performing required sampling or monitoring, including field staff. o Operational staff for water distribution and testing. o Operational staff at wastewater collection facilities. o Operational staff and technical support for SCADA Control systems. o Chemical and equipment suppliers to water and wastewater systems and personnel protection. o Workers who maintain digital systems infrastructure supporting water and wastewater operations. TRANSPORTATION AND LOGISTICS o Employees supporting or enabling transportation functions, including truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, Department of Motor Vehicle (DMV) employees, towing/recovery services, roadside assistance workers, intermodal transportation personnel, and workers who maintain and inspect infrastructure (including those that require cross-jurisdiction travel). o Workers supporting the distribution of food, pharmaceuticals (including materials used in radioactive drugs) and other medical materials, fuels, chemicals needed for water or water treatment and energy Maintenance and operation of essential highway infrastructure, including roads, bridges, and tunnels (e.g., traffic operations centers and moveable bridge operators). o Employees of firms providing services, supplies, and equipment that enable warehouse and operations. including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. Includes cold- and frozen-chain logistics for food and critical biologic products. o Mass transit workers and providing critical transit services and/or performing critical or routine maintenance to mass transit infrastructure orequipment. o Employees supporting personal and commercial transportation services - including taxis, delivery services, vehicle rental services, bicycle maintenance and car-sharing services, and transportation network providers. o Workers responsible for operating and dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment. o Maritime transportation workers, including dredgers, port workers, mariners, ship crewmembers, ship pilots and tug boat operators, equipment operators (to include maintenance and repair, and maritime-specific medical CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_govFor more lnformatlon, emall CISA.CAT@clsa.dhs.gov fl Facebook_com/CISA Essential Critical Infrastructure Workforce providers), ship supply, chandler, and repaircompanies. Workers including truck drivers, railroad employees and contractors, maintenance crew, and cleaners supporting transportation of chemicals, hazardous, medical, and waste materials to support critical infrastructure, capabilities, functions, and services, including specialized carriers, crane and rigging industryworkers. Bus drivers and workers who provide or support intercity, commuter and charter bus service in support of other essential services or functions. Automotive repair, maintenance, and transportation equipment manufacturing and distribution facilities (including those who repair and maintain electric vehicle charging stations). Transportation safety inspectors, including hazardous material inspectors and accident investigator inspectors. Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distributionoperations. Postal, parcel, courier, last-mile delivery, and shipping and related workers, to include privatecompanies. Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, bicycles, and the equipmentand infrastructure that enables operations that encompass movement of cargo and passengers. Airtransportation employees, including airtraffic controllers and maintenance personnel, ramp workers, aviation and aerospace safety, security, and operations personnel and accident investigations. Workers who support the operation, distribution, maintenance, and sanitation, of airtransportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on- and off- airport facilitiesworkers. Workers supporting transportation via inland waterways such as barge crew, dredging, river port workers for essential goods. Workers critical to rental and leasing of vehicles and equipment that facilitate continuity of operations for essential workforces and other essential travel. Warehouse operators, including vendors and support personnel critical for business continuity (including HVAC & electrical engineers; security personnel; and janitorial staff) and customer service for essential functions. PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues. Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVlD-19 response. Workers who support, such as road and line clearing, to ensure the availability of and access to needed facilities, transportation, energy and communications. Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste, including landfilloperations. Workers who support the operation, inspection, and maintenance of essential dams, locks and levees. Workers who support the inspection and maintenance of aids to navigation, and other government provided services that ensure continued maritimecommerce. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov For more lnformatlon, and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_gov emall CISA.CAT@clsa.dhs.gov fl Facebook,com/CISA Essential Critical Infrastructure Workforce COMMUNICATIONS AND INFORMATION TECHNOLOGY Communications: Maintenance of communications infrastructure- including privately owned and maintained communication systems- supported by technicians, operators, call -centers, wireline and wireless providers, cable service providers, satellite operations, Internet Exchange Points, Points of Presence, Network Access Points, back haul and front haul facilities, and manufacturers and distributors of communications equipment. Government and private sector employees (including government contractors) with work related to undersea cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and covers, submarine cable depots and submarine cable shipfacilities. Government and private sector employees (including government contractors) supporting Departmentof Defense internet and communications facilities. Workers who support radio, television, and media service, including, but not limited to front-Iine news reporters, studio, and technicians for newsgathering, and reporting, and publishing news. Network Operations staff, engineers and/or technicians to include IT managers and staff, HVAC & electrical engineers, security personnel, software and hardware engineers, and database administrators that manage the network or operate facilities. Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables, buried conduit, small cells, other wireless facilities, and other communications sector-related infrastructure. This includes construction of new facilities and deployment of new technology as these are required to address congestion or customer usage due to unprecedented use of remote services. Installation, maintenance and repair technicians that establish, support or repair service as needed. Central office personnel to maintain and operate central office, data centers, and other network office facilities, critical support personnel assisting front lineemployees. Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, logistics, and troubleshooting. Workers providing electronic security, fire, monitoring and life safety services, and to ensure physical security, cleanliness and safety of facilities and personnel, including temporary licensing waivers for security personnel t0 work in other States ofMunicipalities. Dispatchers involved with service repair and restoration. Retail customer service personnel at critical service center locations for onboarding customers, distributing and repairing equipment and addressing customer issues in order to support individuals’ remote emergency communications needs, supply chain and logistics personnel to ensure goods and products are on-boarded to provision these front-line employees. External Affairs personnel to assist in coordinating with local, state and federal officials to address communications needs supporting COVID-19 response, public safety, and nationalsecurity. Information Technology: Workers who support command centers, including, but not limited to Network Operations Command Centers, Broadcast Operations Control Centers and Security Operations Command Centers. Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT managers and purchasers, data transfer solutions engineers, software and hardware engineers, and database administrators, for all industries (including financialservices). CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov For more lnformatlon, and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_gov emall CISA.CAT@clsa.dhs.gov fl Facebook,com/CISA Essential Critical Infrastructure Workforce o Workers who support client service centers, field engineers, and other technicians and workers supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware andsoftware, support services, research and development, and information technology equipment (to include microelectronics and semiconductors), and HVAC and electrical equipment for critical infrastructure, and test labs and certification agencies that qualify such equipment(to include microelectronics, optoelectronics, and semiconductors) for critical infrastructure, including data centers. o Workers needed to preempt and respond to cyber incidents involving critical infrastructure, including medical facilities, SLTI' governments and federal facilities, energy and utilities, and banks and financial institutions, securities/other exchanges, other entities that support the functioning of capital markets, public works, critical manufacturing, food & agricultural production, transportation, and other critical infrastructure categories and personnel, in addition to all cyber defense workers (who can't perform their dutiesremotely). o Suppliers, designers, transporters and otherworkers supporting the manufacture, distribution and provision and construction of essential global, national and local infrastructure for computing services (including cloud computing services and telework capabilities), business infrastructure, financial transactions/services, web- based services, and critical manufacturing. o Workers supporting communications systems and information technology- and work from home solutions- used by law enforcement, public safety, medical, energy, public works, critical manufacturing, food & agricultural production, financial services, education, and other critical industries andbusinesses. o Employees required in person to support Software as a Service businesses that enable remote working, performance of business operations, distance learning, media services, and digital health offerings, or required for technical support crucial for business continuity and connectivity. OTHER COMMUNITY- OR GOVERNMENT-BASED OPERATIONS AND ESSENTIAL FUNCTIONS o Workers to ensure continuity of building functions, including but not limited to security and environmental controls (e.g., HVAC), the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure. o Elections personnel to include both public and private sector elections support. o Workers supporting the operations of the judicial system. o Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and communications networks. o Trade Officials (FTA negotiators; international data flow administrators). o Employees necessary to maintain news and media operations across various media. o Employees supporting Census 2020. o Weatherforecasters. o Clergy for essential support. o Workers who maintain digital systems infrastructure supporting other critical government operations. o Workers who support necessary credentialing, vetting and licensing operations for critical infrastructure workers. o Customs and immigration workers who are critical to facilitating trade in support of the national emergency response supply chain. o Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions. o Staff at government offices who perform title search, notary, and recording services in support of mortgage and real estate services and transactions. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_govFor more lnformatlon, emall CISA.CAT@clsa.dhs.gov fl Facebook_com/CISA Essential Critical Infrastructure Workforce Residential and commercial real estate services, including settlementservices. Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and construction for essential products, services, and supply chain and COVID 19 reliefefforts. CRITICAL MANUFACTURING Workers necessary for the manufacturing of metals (including steel and aluminum), industrial minerals, semiconductors, materials and products needed for medical supply chains, and for supply chains associated with transportation, energy, communications, information technology, food and agriculture, chemical manufacturing, nuclear facilities,wood products, commodities used as fuel for power generation facilities, the operation of dams, water and wastewater treatment, processing and reprocessing of solid waste, emergency services, and the defense industrial base. Additionally, workers needed to maintain the continuity of these manufacturing functions and associated supply chains, and workers necessary to maintain a manufacturing operation in warm standby. Workers necessary for the manufacturing of materials and products needed to manufacture medicalequipment and personal protective equipment(PPE). Workers necessary for mining and production of critical minerals, materials and associated essential supply chains, and workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for mining production anddistribution. Workers who produce or manufacture parts or equipment that supports continued operations for any essential services and increase in remote workforce (including computing and communication devices, semiconductors, and equipment such as security tools for Security Operations Centers (SOCs) ordatacenters). HAZARDOUS MATERIALS Workers who manage hazardous materials associated with any other essential activity, including but not limited to healthcare waste (medical, pharmaceuticals, medical material production), testing operations (laboratories processing test kits), and energy (nuclear facilities) Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing tests Workers who support hazardous materials response and cleanup. Workers who maintain digital systems infrastructure supporting hazardous materials management operations. FINANCIAL SERVICES Workers who are needed to provide, process and maintain systems for processing, verification, and recording of financial transactions and services, including payment, clearing, and settlement; wholesale funding; insurance services; consumer and commercial lending; and capital markets activities). Workers who are needed to maintain orderly market operations to ensure the continuity of financial transactions and services. Workers who are needed to provide business, commercial, and consumer access to bank and non-bank financial services and lending services, including ATMs, lending and money transmission, and to move currency, checks, securities, and payments (e.g., armored cash carriers). Workers who support financial operations and those staffing call centers, such as those staffing data and security operations centers, managing physical security, or providing accounting services. Workers supporting production and distribution of debit and creditcards. Workers providing electronic point of sale support personnel for essentialbusinesses and workers. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov For more lnformatlon, and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_gov emall CISA.CAT@clsa.dhs.gov fl Facebook,com/CISA Essential Critical Infrastructure Workforce CHEMICAL Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, paintingsand coatings,textiles, buildingmaterials, plumbing, electrical, and pa per products. Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items. Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, disinfectants, fragrances, and packaging that prevents the contamination of food, water, medicine, among others essential. Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections. Workers who support the production and transportation of chlorine and alkali manufacturing, singIe-use plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine, and other essential products, including glass container manufacturing. DEFENSE INDUSTRIAL BASE Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military. These individuals include, but are not limited to, space and aerospace; mechanical and software engineers (various disciplines), manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers; and sanitary workers who maintain the hygienic viability of necessaryfacilities. Personnel working for companies, and their subcontractors, who perform under contract or sub-contract to the Department of Defense, as well as personnel at government-owned/contractor- operated and government- owned/government-operated facilities, and who provide materials and services to the Department of Defense, including support for weapon systems, software systems and cybersecurity, defense and intelligence communications and surveillance, space systems and other activities in support of our military, intelligence and space forces. COMMERCIAL FACILITIES Workers who support the supply chain of building materials from production through application/installation, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coatings, and employees who provide services that enable repair materials and equipment for essential functions. Workers supporting ecommerce through distribution, warehouse, call center facilities, and other essential operational support functions. Workers in hardware and building materials stores, consumer electronics, technology and appliances retail, and related merchant wholesalers and distributors - with reduced staff to ensure continued operations. Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers, furnaces and other heating, cooling, refrigeration, and ventilation equipment. RESIDENTIAL/SHELTER FACILITIES AND SERVICES Workers in dependent care services, in support of workers in other essential products and services. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov For more lnformatlon, and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_gov emall CISA.CAT@clsa.dhs.gov fl Facebook,com/CISA Essential Critical Infrastructure Workforce o Workers who support food, shelter, and social services, and other necessities of life for needy groups and individuals, including in-need populations and COVID-19 responders (including travelling medical staff). o Workers in animal shelters. o Workers responsible for the leasing of residential properties to provide individuals and families with ready access to available housing. o Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency “at-home" situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessaryservices. o Workers performing housing construction related activities to ensure additional units can be made available to combat the nation’s existing housing supplyshortage. o Workers performing services in support of the elderly and disabled populations who coordinate a variety of services, including health care appointments and activities of dailyliving. o Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, but fundamentally should continue and serve the construction of housing (e.g., allow qualified private third-party inspections in case of governmentshutdown). HYGIENE PRODUCTS AND SERVICES o Workers who produce hygiene products. o Workers in laundromats, laundry services, and drycleaners. o Workers providing personal and household goods repair and maintenance. o Workers providing disinfection services, for all essential facilities and modes of transportation, and supporting the sanitation of all food manufacturing processes and operations from wholesale toretail. o Workers necessary for the installation, maintenance, distribution, and manufacturing of water andspace heating equipment and its com ponents. o Support required for continuity of services, including commercial disinfectant services, janitoriaI/cleaning personnel, and support personnel functions that need freedom of movement to access facilities in support of front-Iine employees. CONNECT WITH US m Linkedin.com/company/cybersecurity-www.cisa.gov and-infrastructure-security-agency a @ClSAgov | @cyber | @uscert_govFor more lnformatlon, emall CISA.CAT@clsa.dhs.gov fl Facebook_com/CISA EXHIBIT E 57 Santa Clara County SCCg '- fiuEBn El; cHy Go to Provider Site lam searching for... n Services V Health&SafetyAlerts Healthlnformation V Diseaselnformation V News 8L Events Home News How Do |...? Seven Bay Area QU‘C" ”"ks Jurisdictions Order Newsments Residents to Stay Home home page FOR IMMEDIATERELEASE Press Releases for the News Media March 16, 2020 NEWS RELEASE Media Policy News AnnouncementsCOVID-l9 spread reduces activity to only most essential needs. from Otheernty Departments Santa Clara, CA - Seven health officers within six Bay Area counties are ta king a bold, unified step to slow the spread of novel coronavirus (COVID-l9) and preserve critical health care capacity across the region. On March l6, the Public health officers ofAlameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties announced, with the City of Berkelseg, a legal order directing their respective residents to shelter at home for three weeks beginning March 17. The order limits activity, travel and business functions to only the most essential needs. The guidance comes after substantial input from the U.S. Centers for Disease Control and Prevention (CDC) and best practices from other health officials around the world. Scientific evidence shows social distancing is one of the most effective approaches to slow the transmission of communicable disease. The shelter-at-home order follows new data of increasing local transmission of COVID-19, including 258 confirmed cases of COVID-19 with 4 deaths shared by the seven jurisdictions, as of March 15. The Bay Area’s collected confirmed cases is more than half of California’s case count. This does not account forthe rapidly increasing number of assumed cases of community transmission. As testing capacity increases, the number of laboratory-confirmed COVID-19 cases is expected to increase markedly. “Temporarily changing our routine is absolutely necessary to slow the spread of this pandemic,” said Dr. Sara Cody, Santa Clara County Public Health Officer. “The Health Officers from the largestjurisdictions in the San Francisco Bay Area are united and we are taking this step together to offer the best protection to our respective communities.” The order defines essential activities as necessary forthe health and safety for individuals and their families. Essential businesses allowed to operate during the recommended action include health care operations; businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; fresh and non-perishable food retailers (including convenience stores); pharmacies; child care facilities; gas stations; banks; laundry businesses and services necessary for maintaining the safety, sanitation and essential operation of a residence. In addition, health care, lawsad1d safety, and essential government functions will continue under the recommended action. Forthe full list, please see section 10 of the order. “While the goal is to limit groups congregating together in a way that could fu rther spread the virus, it is not complete social shutdown,” said Dr. Matt Willis, Marin County’s Public Health Officer. “You can still complete your most essential outings or even engage in outdoor activity, so long as you avoid close contact.” On January 30, the World Health Organization declared the outbreak a public health emergency of international concern, and the United States followed the next day by declaring a federal public health emergency. On February 26, the federal Centers for Disease Control and Prevention (CDC) confirmed community transmission of COVID-19 in the San Francisco Bay Area, meaning the afflicted patient had no signs of associating with anyone who had been diagnosed with the virus. This collective legal order comes one day after Governor Gavin Newsom ordered older adults, age 65 and older, stay home. “Limiting interpersonal interactions is a proven strategy to slow and reduce viral spread and protect the most vulnerable among us -- individuals who are 60 years of age and older, people with chronic and underlying medical conditions, and people experiencing homelessness.” Dr. Erica Pan said, “Our counties share borders and many people live in one county and work in another. It’s absolutely critical for us to be aligned on COVlD-19 mitigation efforts.” For more information about COVlD-l9 activities in these areas, visit the Alameda, Contra Costa, Marin, Santa Clara, San Francisco, San Mateo, or Berkeley COVlD-19 websites. ### 60 Public Health Website: www.sccphd.org/coronavirus Follow our Twitter for updates: @HealthySCC Public Health Facebook: www.facebook.com/sccpublichealth o Read the full text of the Shelter in Place Order. Last updated: 3/16/2020 4:34 PM Report a problem with this page All Content Copyright© 2020 , County of Santa Clara, CA 61 EXHIBIT F 62 Santa Clara County SCCgOV .- I fiuEButéfl c Go to Provider Site lam searching for... a Services V Health&SafetyAlerts Healthlnformation V Diseaselnformation V News 8L Events Home News How Do |...? Joint Press Release - QuickLinks Seven Bay Area NeWS&Events Jurisdictions to Update homepage Shelter-in-Place Order in Coming Days Press Releases for the News Media FOR IMMEDIATEREL54$E . I Medla Pollcy March 30, 2020 . News Santa Clara County, CA - The Public Health Orderfor . . , . Announcements people to shelter-In-place safely In thelr homes WIll soon _ . from Other County be extended untll at least May l. Publlc Health orders are Departments issued by the respective Health Officers of each jurisdiction. The Bay Area is fortunate to have a group of dedicated public health leaders who are working together to address the interconnectedness of our region. We have said an extension might be expected as we work together to slow the spread of the COVID-19 disease. Additional details about the updated order will be available when it is finalized in the next day or two. 63 For more information about COVlD-l9 activities in these areas, Alameda, Contra Costa, Marin, Santa Clara, San Francisco, San Mateo, or Berkeley COVlD-19 websites. ### Follow our Twitter for updates: @HealthySCC Public Health Website: http://www.sccphd.org/coronavirus Public Health Facebook: https://www.facebook.c0m/sccpublichealth Full Link to Public Health Data Dashboard: https://www.sccgov.org/sites/phd/Diseaselnf ormation/novel-coronavirus/Pages/dashboard.aspx Last updated: 3/30/2020 12:21 PM Report a problem with this page All Content Copyright© 2020 , County of Santa Clara, CA 64 EXHIBIT G 65 Santa Clara County SCCg '- I fiuEButéfl c Go to Provider Site lam searching for... a Services V Health&SafetyAlerts Healthlnformation V Diseaselnformation V News 8L Events Home News Bay Area Health Officers QuickLinks Issue Updated Stay-at- Newsuvents Home order With NeW homepage Restrictions to Last Through May 3 Press Releases. for the News Medla How Do |...? More time and additional restrictions needed to slow the spreadandreduce future impact Media Poucy on local hospitals from COVID-19 News For Immediate Release Announcements from Other County March 31,2020 Departments Health officers in seven Bay Areajurisdictions are extending a previous stay-at-home orderthrough May 3, 2020 in order to preserve critical hospital ca pacity across the region. The previous three-week order was set to expire on April 7. While the prior order has been effective in reducing the rate of transmission of the novel coronavirus (COVlD-19), it is not enough. There has been a significant increase in the number of positive cases, hospitalization afldeaths from COVID-19, which is beginning to strain healthcare FESOUI'CES. The health officers have determined that more and stricter social distancing is needed to slow the rate of spread, prevent deaths, and stop the health care system from becoming overwhelmed. "Extending the stay-at-home order should reduce the number of sick patients seeking care at one time, giving us time to acquire more medical supplies for providers who will be providing care to people sick with COVID-19. The extension will allow doctors and nurses to better treat those who do get sick, and save countless lives," said Dr. Chris Farnitano, health officer for Contra Costa County. The new stay-at-home order will supersede the previous order and go into effect at 11:59 p.m. on Tuesday, March 31. It is a complement to the indefinite statewide stay-at- home order issued by Gov. Gavin Newsom earlier this month. Like the previous local order, the new order requires people to stay at home except for doing essential activities, such as grocery shopping, in six counties: Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara, as well as the city of Berkeley. Non- essential businesses will remain closed. The new order adds some clarifying language around essential business and activities, as well as some new directives, including: o Use of playgrounds, dog parks, public picnic areas, and similar recreational areas is prohibited. These areas must be closed to public use. o Use ofshared public recreational facilities such as golf courses, tennis and basketball courts, pools, and rock walls is prohibited. These facilities must be closed for recreational use. 67 o Sports requiring people to share a ball or other equipment must be limited to people in the same household o Requires essential businesses to develop a social distancing protocol before April 3 o Most construction-residential and commercial-is prohibited o Funerals limited to no more than 10 people attending o Essential businesses expanded to include service providers that enable residential transactions (nota ries, title companies, Realtors, etc.); funeral homes and cemeteries; moving companies, rental car companies and rideshare services that specifically enable essential activities o Essential businesses that continue to operate facilities must scale down operations to their essential component only Social distancing is the most powerful tool to slow the spread of COVlD-l9, a virus so new that it has no approved medicines or vaccines. "What we need now, for the health ofall ourcommunities, is for people to stay home,” said Dr. Grant Colfax, director of the San Francisco Department of Public Health. “Even though it has been difficult, the Bay Area has really stepped up to the challenge so far, and we need to reaffirm ourcommitment. We need more time to flatten the curve, to prepare our hospitals for a surge, and to do everything we can to minimize the harm that the virus causes to our communities." For more information about COVlD-19 activities in these areas, Alameda, Contra Costa, Marin, Santa Clara, San Francisco, San Mateo, or Berkeley COVID-19 websites. ### 68 Follow our Twitter for updates: @HealthySCC Public Health Website: http://www.sccphd.org/coronavirus Public Health Facebook: https://www.facebook.com/sccpublichealth Full Link to Public Health Data Dashboard: https://www.sccgov.org/sites/phd/Diseaselnf ormation/novel-coronavirus/Pages/dashboard.aspx o Link to full text ofthe Order Last updated: 3/31/2020 12:14 PM Report a problem with this page All Content Copyright© 2020 , County of Santa Clara, CA 69 EXHIBIT H 7O Santa Clara County SCCg '- PUBL'C . . . HEAL 1H Go to Prowder Slte lam searching for... Services V Health & Safety Alerts Health Information V Disease Information v How Do |...? Novel Coronavirus (COVID-1 9) Home Disease Information Novel Coronavirus (COVID-19) Order of the Health Namath" Officer of the County of . Novel CoronaVIrus Sa nta Cla ra (covm-19) Home Public Health ORDER OF THE HEALTH OFFICER OF THE COUNTY Orders OF SANTA CLARA DIRECTING ALL INDIVIDUALS LIVING IN THE COUNTY TO CONTINUE SHELTERING AT THEIR PLACE OF RESIDENCE EXCEPT FOR ESSENTIAL NEEDS; CONTINUING TO EXEMPT HOMELESS INDIVIDUALS FROM THE ORDER BUT URGING GOVERNMENT AGENCIES T0 Coronavirus Facts Learn What to Do PROVIDE THEM SHELTER AND HAND SANITATION Press ArChiVes FACILITIES; RESTRICTING ACCESS TO RECREATION AREAS; REQUIRING ESSENTIAL Our County BUSINESSES TO IMPLEMENT SOCIAL DISTANCING Response PROTOCOLS; CLARIFYING AND FURTHER LIMITING ESSENTIAL BUSINESS ACTIVITIES, INCLUDING CONSTRUCTION; AND DIRECTING ALL QU‘Ck Links BUSINESSES AND GOVERNMENTAL OPERATIONS To FURTHER CEASE NON-ESSENTIAL :fyou think you are OPERATIONS sick 71 DATE OF ORDER: MARCH 31, 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, etseq.; Cal. Penal Code §§ 69, 148(a)(1); Santa Clara County Ordinance Code § A1-28.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF SANTA CLARA (“HEALTH OFFICER”) ORDERS: l. This Order supersedes the March l6, 2020 Order of the Health Officer directing all individuals to shelter in place (“Prior Shelter Order”). This Order clarifies, strengthens, and extends certain terms of the Prior Shelter Order to increase social distancing and reduce person-to-person contact in order to further slow transmission of Novel Coronavirus Disease 2019 (“COVID-19”). As of the effective date and time of this Order set forth in Section l6 below, all individuals, businesses, and government agencies in the County of Santa Clara (“County”) are required to follow the provisions of this Order. 2. The intent of this Order is to ensure that the maximum number of people shelter in their places of residence to the maximum extent feasible to slow the spread of COVID-19 and mitigate the impact on delivery of critical healthca re services to those in need. All provisions of this Order must be interpreted to effectuate this intent. Failure to comply with any of the provisions of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both. 3. All individuals currently living within the County are ordered to shelter at their place of resiplzence. They Donations Updates on County Services Information for Healthcare Providers 2-1-1 for Coronavirus Questions CDPH Novel Coronavirus Info CDC Novel Coronavirus Updates may leave their residence only for Essential Activities, Essential Governmental Functions, Essential Travel, to work for Essential Businesses, or to perform Minimum Basic Operations for non- essential businesses, all as defined in Section l3. Individuals experiencing homelessness are exempt from this Section, but are strongly urged to obtain shelter, and governmental and other entities are strongly urged to, as soon as possible, make such shelter available and provide handwashing or hand sanitation facilities to persons who continue experiencing homelessness. . When people need to leave their place of residence for the limited purposes allowed in this Order, they must strictly comply with Social Distancing Requirements as defined in Section l3.k, except as expressly provided in this Order. .All businesses with a facility in the County, except Essential Businesses, as defined in Section l3.f, are required to cease all activities at facilities located within the County except Minimum Basic Operations, as defined in Section l3.g. For clarity, all businesses may continue operations consisting exclusively of owners, employees, volunteers, or contractors performing activities at their own residences (i.e., workingfrom home). All Essential Businesses are strongly encouraged to remain open. But Essential Businesses are directed to maximize the number of employees who work from home. Essential Businesses may only assign those employees who cannot perform theirjob duties from home to work outside the home. All Essential Businesses shall prepare, post, and implement a Social Distancing Protocol at each of their facilities at which they are maintaining operations, as specified in Section 13.h. Businesses that include an Essential Business component at their facilities alongside non-essential components Kilst, to the extent feasible, scale down their operations to the Essential Business component only; provided, however, that mixed retail businesses that are otherwise allowed to operate under this Order may continue to stock and sell non-essential products. Essential Businesses must follow industry-specific guidance issued by the Health Officer related to COVID-19. .All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes expressly permitted in this Order. Nothing in this Order prohibits members of a single household or living unit from engaging in Essential Travel or Essential Activities together. .All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or public transit, except Essential Travel, as defined below in Section 13.i, is prohibited. People may use public transit only for purposes of performing Essential Activities or to travel to and from work to operate Essential Businesses, maintain Essential Governmental Functions, or to perform Minimum Basic Operations at non-essential businesses. Transit agencies and people riding on public transit must comply with Social Distancing Requirements, as defined in Section l3.k, to the greatest extent feasible. This Order allows travel into or out of the County only to perform Essential Activities, operate Essential Businesses, maintain Essential Governmental Functions, or perform Minimum Basic Operations at non-essential businesses. .This Order is issued based on evidence of increasing occurrence of COVID-19 within the County and throughout the Bay Area, scientific evidence and best practices rega rding the most effective approaches to slow the transmission Gil communicable diseases generally and COVID-19 specifically, and evidence that the age, condition, and health of a significant portion of the population of the County places it at risk for serious health complications, including death, from COVID-19. Due to the outbreak of the COVID-19 disease in the general public, which is now a pandemic according to the World Health Organization, there is a public health emergency throughout the County. Making the problem worse, some individuals who contract the virus causing the COVID-19 disease have no symptoms or have mild symptoms, which means they may not be aware they carry the virus and are transmitting it to others. Because even people without symptoms can transmit the infection, and because evidence shows the infection is easily spread, gatherings and other interpersonal interactions can result in preventable transmission of the virus. This public health emergency has substantially worsened since the County issued the Prior Shelter Order on March l6, 2020, with a significant escalation in the number of positive cases, hospitalizations, and deaths, and increasing strain on health care resources. At the same time, evidence suggests that the restrictions on mobility and social distancing requirements imposed by the Prior Shelter Order are slowing the rate of increase in community transmission and confirmed cases by limiting interactions among people, consistent with scientific evidence of the efficacy of similar measures in other parts of the country and world. The scientific evidence shows that at this stage of the emergency, it remains essential to continue to slow virus transmission as much as possible to protect the most vulnerable, to prevent the health care system from being overwhelmed, and to prevent deaths. Extension of the Prior Shelter Order and strengthening of its restrictions are necessary to further reduce the spread of the COVIQ-bl9 disease, 10. ll. preserving critical and limited healthcare capacity in the County and advancing toward a point in the public health emergency where transmission can be controlled. .This Order is also issued in light of the existence, as of March 29, 2020, of 848 cases of COVID-19 in the County, as well as at least 2,092 confirmed cases (up from 258 confirmed cases on March 15, 2020,just before the Prior Shelter Order) and at least 51 deaths (up from three deaths on March 15, 2020) in the seven Bay Area jurisdictions jointly issuing this Order, including a significant and increasing number of suspected cases of community transmission and likely further significant increases in transmission. This Order is necessary to slow the rate of spread, and the Health Officerwill re-evaluate it as further data becomes available. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom, the February 3, 2020 Proclamation by the Director of Emergency Services Declaring the Existence of a Local Emergency in the County, the February 3, 2020 Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID-19) issued by the Health Officer, the February 10, 2020 Resolution of the Board of Supervisors of the County of Santa Cla ra Ratifying and Extendingthe Declaration ofa Local Health Emergency, and the February 10, 2020 Resolution of the Board of Supervisors of the County of Santa Clara Ratifying and Extendingthe Proclamation ofa Local Emergency. This Order is issued in light of evidence that the Prior Shelter Order has been generally effective in increasing social distancing, but that at this time additional restrictions are necessary t66urther 12. mitigate the rate of transmission of COVID-19, to prevent the health care system from being overwhelmed, and prevent death. This Order comes after the release of substantial guidance from the County Health Officer, the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health officials throughout the United States and around the world, including an increasing number of orders imposing similar social distancing requirements and mobility restrictions to combat the spread and harms of COVID-19. The Health Officer will continue to assess the quickly evolving situation and may modify or extend this Order, or issue additional Orders, related to COVID-19, as changing circumstances dictate. This Order is also issued in light of the March l9, 2020 Order of the State Public Health Officer (the “State Shelter Order”) , which set baseline statewide restrictions on non-residential business activities effective until further notice, as well as the Governor’s March l9, 2020 Executive Order N-33-20 directing California residents to follow the State Shelter Order. The State Shelter Order was complementary to the Prior Shelter Order. This Order adopts in certain respects more stringent restrictions addressing the particular facts and circumstances in this County, which are necessary to control the public health emergency as it is evolving within the County and the Bay Area. Without this tailored set of restrictions that further reduces the number of interactions between persons, scientific evidence indicates that the public health crisis in the County will worsen to the point at which it may overtake available health care resources within the County and increase the death rate. Also, this Order enumerates additional restrictions on non-work- related travel not covered by the State Shelter Order, including limiting such travel to performance of Essential Travel or Essential Activities; sets forth mandatory Social Distancing Requirements for all individuals in the County when engaged in activities outside their residences; and adds a mechanism to ensure that Essential Businesses comply with the Social Distancing Requirements. 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. l3. Definitions and Exemptions. a. Forthe purposes of this Order, individuals may leave their residence only to perform the following “Essential Activities.” But people at high risk of severe illness from COVID-19 and people who are sick are strongly urged to stay in their residence to the extent possible, except as necessary to seek or provide medical care or Essential Governmental Functions. Essential Activities are: i. To engage in activities or perform tasks important to their health and safety, or to the health and safety of their family or household members (including pets), such as, by way of example only and without limitation, obtaining medical supplies or medication, or visiting a health care professional. ii. To obtain necessary services or supplies for themselves and their fa7rgily or household members, or to deliverthose 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, products needed to work from home, or products necessary to maintain the habitability, sanitation, and operation of residences. To engage in outdoor recreation activity, including, by way of example and without limitation, walking, hiking, bicycling, and running, in compliance with Social Distancing Requirements and with the following limitations: A. Outdoor recreation activity at parks, beaches, and other open spaces must be in conformance 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 entra nts, closing the area to vehicular access and parking, or closure to all public access; B. Use of recreational areas with high- touch equipment or that encourage gathering, including, but not limited to, playgrounds, outdoor gym equipment, picnic areas, dog parks, and barbecue areas, is prohibited outside of residences, and all such areas shall be closed to public access includiag by signage and, as appropriate, by physical barriers; C. Use of shared facilities for recreational activities outside of residences, including, but not limited to, golf courses, tennis and pickle ball courts, rock parks, climbing walls, pools, spas, shooting and archery ranges, gyms, disc golf, and basketball courts is prohibited and those areas must be closed for recreational purposes, including by signage and, as appropriate, by physical barriers. Such facilities may be repurposed during the emergency to provide essential services needed to address the COVID-19 pandemic; and D. Sports or activities that include the use of shared equipment may only be engaged in by members of the same household or living unit. iv. To perform work for an Essential Business or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations, as defined in this Section. v. To provide necessary care for a family member or pet in another household who has no other source of care. vi. To attend a funeral with no more than 10 individuals present. .To move residences, but only if it is notVI possible to defer an already planned move, if the move is necessitated by safety, sanitation, or habitability reasons, or if the move is necessary to preserve access to shelter. When m%\6ng into or out of the Bay Area region, individuals are strongly urged to quarantine for l4 days. To quarantine, individuals should follow the guidance of the United States Centers for Disease Control and Prevention. b. Forthe purposes of this Order, individuals may leave their residence to work for, volunteer at, or obtain services at “Healthcare Operations,” including, without limitation, hospitals, clinics, COVID-19 testing locations, dentists, pharmacies, blood banks and blood drives, pharmaceutical and biotechnology companies, other healthca re facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. This exemption for Healthcare Operations shall be construed broadly to avoid any interference with the delivery of healthcare, broadly defined. “Healthcare Operations” excludes fitness and exercise gyms and similar facilities. c. Forthe purposes of this Order, individuals may leave their residence to provide any services or perform any work necessa ry to the operation and maintenance of “Essential Infrastructure,” including airports, utilities (including water, sewer, gas, and electrical), oil refining, roads and highways, public transportation, solid waste facilities (including collection, removal, disposal, and processing facilities), cemeteries, mortuaries, crematoriums, and telecommunications systems (including the provision of essential global, national, and local infrastructu re for internet, computing 81 services, business infrastructure, communications, and web-based services). . For the purposes of this Order, all first responders, emergency management personnel, emergency dispatchers, court personnel, and law enforcement personnel, and others who need to perform essential services are categorically exempt from this Order to the extent they are performing those essential services. Further, nothing in this Order shall prohibit any individual from performing or accessing “Essential Governmental Functions,” as determined by the governmental entity performing those functions in the County. Each governmental entity shall identify and designate appropriate employees, volunteers, or contractors to continue providing and carrying out any Essential Governmental Functions, including the hiring or retention of new employees or contractors to perform such functions. Each governmental entity and its contractors must employ all necessa ry emergency protective measures to prevent, mitigate, respond to and recover from the COVID-19 pandemic, and all Essential Governmental Functions shall be performed in compliance with Social Distancing Requirements to the greatest extent feasible. . For the purposes of this Order, a “business” includes any for-profit, non-profit, or educational entity, whether a corporate entity, organization, partnership or sole proprietorship, and regardless of the nature of the service, the function it performs, or its corporate or entity structure. . For the purposes of this Order, “Essential Businesses” are: 82 Healthcare Operations and businesses that operate, maintain, or repair Essential Infrastructure; . Grocery stores, certified fa rmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of unprepared food, canned food, dry goods, non- alcoholic beverages, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, as well as hygienic products and household consumer products necessary for personal hygiene or the habitability, sanitation, or operation of residences. The businesses included in this subparagraph (ii) include establishments that sell multiple categories of products provided that they sell a significant amount of essential products identified in this subparagraph, such as liquor stores that also sell a significant amount of food. Food cultivation, including farming, livestock, and fishing; .Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; . Construction, but only of the types listed in this subparagraph below: A. Projects immediately necessa ry to the maintenance, operation, or repair of Essential Infrastructure; B. Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is 83 directly related to the COVID-19 response; C. Affordable housing that is or will be income-restricted, including multi- unit or mixed-use developments containing at least 10% income- restricted units; D. Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency; E. Shelters and temporary housing, but not including hotels or motels; F. Projects immediately necessa ry to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs; G. Construction necessary to ensure that existing construction sites that must be shut down under this Order are left in a safe and secure manner, but only to the extent necessary to do so; and H. Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed; vi. Newspapers, television, radio, and other media services; vii. Gas stations and auto-supply, auto-repair (including, but not limited to, for cars, trucks, motorcycles and motorized scooters), and automotiveglfalerships, but only for the purpose of providing auto-supply and auto-repair services (and not, by way of example, car sales or car washes). This subparagraph (vii) does not restrict the on-line purchase of automobiles if they are delivered to a residence or Essential Business; viii. Bicycle repair and supply shops; ix. Banks and related financial institutions; X. Service providers that enable residential transactions (including rentals, leases, and home sales), including, but not limited to, real estate agents, escrow agents, notaries, and title companies, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in person visits are not allowed when the occupant is still residing in the residence); xi. Hardware stores; xii. Plumbers, electricians, exterminators, and other service providers who provide services that are necessa ry to maintaining the habitability, sanitation, and operation of residences and Essential Businesses, but not for cosmetic or other purposes; xiii. Arborists, landscapers, gardeners, and similar service professionals, but only to the limited extent necessary to maintain the habitability, sanitation, operation of businesses or residences, or the safety of residents, employees, or the public (such as fire safety or tree trimm'ggg to prevent xiv. XV. xvi. xvii. xviii. xix. a dangerous condition), and not for cosmetic or other purposes (such as Upkeep); Businesses providing mailing and shipping services, including post office boxes; Educational institutions-including public and private K-12 schools, colleges, and universities-for purposes of facilitating distance learning or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible; Laundromats, drycleaners, and laundry service providers; Restaurants and other facilities that prepare and serve food, but only for delivery or carry out. Schools and other entities that typically provide free food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or members of the public on a pick-up and take-away basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site; Funeral home providers, mortuaries, cemeteries, and crematoriums, to the extent necessa ry for the transport, preparation, or processing of bodies or remains; Businesses that supply other Essential Businesses with the support or supplies necessary to operate, but only to the extent that they support oggupply these XX. xxi. xxii. xxiii. xxiv. XXV. xxvi. xxvii. Essential Businesses. This exemption shall not be used as a basis for engaging in sales to the general public from retail storefronts; Businesses that have the primary function of shipping or delivering groceries, food, or other goods directly to residences or businesses. This exemption shall not be used to allow for manufacturing or assembly of non- essential products or for other functions besides those necessa ry to the delivery operation; Airlines, taxis, rental car companies, rideshare services (including shared bicycles and scooters), and other private transportation providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order; Home-based care for seniors, adults, children, and pets; Residential facilities and shelters for seniors, adults, and children; Professional services, such as legal, notary, or accounting services, when necessa ry to assist in compliance with non-elective, legally required activities; Services to assist individuals in finding employment with Essential Businesses; Moving services that facilitate residential or commercial moves that are allowed underthis Order; Childcare facilities providing services that enable owners, employees, volunteers, and contractors for Essential Businesses, Essential Governmental Functions, or Minimum Basic Operations to work as allowed underW5 Order. Child ren of owners, employees, volunteers, and contractors who are not exempt under this Order may not attend childcare facilities. To the extent possible, childcare facilities must operate under the following conditions: A. Childcare must be carried out in stable groups of 12 or fewer (“stable” means that the same 12 or fewer children are in the same group each day). B. Children shall not change from one group to another. C. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other. D. Childcare providers shall remain solely with one group of children. g. Forthe purposes of this Order, “Minimum Basic Operations” means the following activities for businesses, provided that owners, employees, and contractors comply with Social Distancing Requirements as defined this Section, to the extent possible, while ca rrying out such operations: i. The minimum necessary activities to maintain and protect 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 directly to residences or businesses; and related functions. .The minimum necessary activities to facilitate owners, employees, and contractors of the business being able to continue to work remotelyggom their residences, and to ensure that the business can deliver its service remotely. h. For the purposes of this Order, all Essential Businesses must prepare and post by no later than 11:59 p.m. on April 2, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by the public or employees. The Social Distancing Protocol must be substantially in the form attached to this Order as Appendix A. The Social Distancing Protocol must be posted at or near the entrance of the relevant facility, and shall be easily viewable by the public and employees. A copy of the Social Distancing Protocol must also be provided to each employee performing work at the facility. All Essential Businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand. The Social Distancing Protocol must explain how the business is achieving the following, as applicable: i. Limiting the number of people who can enter into the facility at any one time to ensure that people in the facility can easily maintain a minimum six-foot distance from one another at all times, except as required to complete the Essential Business activity; 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 disinfecta nt at or near the entrance of the facility and in other appropriate areas for use %the public and employees, and in locations where there is high-frequency employee interaction with members ofthe 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; and vi. Posting a sign at the entrance of the facility informing all employees and customers that they should: avoid entering the facility if they have a cough orfever; maintain a minimum six-foot distance from one another; sneeze and cough into one’s elbow; not shake hands or engage in any unnecessary physical contact. 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). i. For the purposes of this Order, “Essential Travel” means travel for any of the following purposes: i. Travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses, or Minimum Basic Operations. ii. Travel to care for any elderly, minors, dependents, or persons with disabilities. iii. Travel to or from educational institutions for purposes of receiving n96terials for distance lea rning, for receiving meals, and any other related services. iv. Travel to retu rn to a place of residence from outside the County. v. Travel required by law enforcement or court order. vi. Travel required for non-residents to return to their place of residence outside the County. Individuals are strongly encouraged to verify that their transportation out of the County remains available and functional prior to commencing such travel. vii. Travel to manage after-death arrangements and burial. viii. Travel to arrange for shelter or avoid homelessness. ix. Travel to avoid domestic violence or child abuse. x. Travel for pa rental custody arrangements. Xi. Travel to a place to temporarily reside in a residence or other facility to avoid potentially exposing others to COVID-19, such as a hotel or other facility provided by a governmental authority for such purposes. j. For purposes of this Order, “residences” include hotels, motels, shared rental units and similar facilities. Residences also include living structu res and outdoor spaces associated with those living structu res, such as patios, porches, backyards, and front yards that are only accessible to a single family or household unit. k. For purposes of this Order, “Social Distancing Requirements” means: i. Maintaining at least siX-foot social distancing from individualgi/vho are not part of the same household or living unit; ii. Frequently washing hands with soap and water for at least 20 seconds, or using hand sanitizer that is recognized by the Centers for Disease Control and Prevention as effective in combatting C0VID-19; iii. Covering coughs and sneezes with a tissue or fabric or, if not possible, into the sleeve or elbow (but not into hands); and iv. Avoiding all social interaction outside the household when sick with a fever or cough. 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 Essential Businesses, Essential Governmental Functions, or provide for Minimum Basic Operations; or as otherwise expressly provided in this Order. l4. 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 adequate provision of hand sanitizer. 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 Guidagzce Responding to Coronavirus 2019 (COVlD-19) Among People Experiencing Unsheltered Homelessness (https://www.cdc.gov/coronavirus/2019-ncov/need- extra-precautions/unsheltered- homelessness.html). 15. Pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all 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 and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both. l6. This Order shall become effective at 11:59 p.m. on March 31, 2020 and will continue to be in effect until 11:59 p.m. on May 3, 2020, or until it is extended, rescinded, superseded, or amended in writing by the Health Officer. 17. Copies of this Order shall promptly be: (1) made available at the County Government Center at 70 W. Hedding Street, San José, California; (2) posted on the County Public Health Department website (sccphd.org); and (3) provided to any member of the public requesting a copy of this Order. l8. If any provision of this Order to its application to any person or circumstance is held to be invalid, the reminder 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. IT Is so ORDERED: 93 Sara H. Cody, M.D. Health Officer of the County of Santa Clara Dated: 3/31/2020 Approved as to form and legality: James R. Williams County Counsel Dated: 3/31/2020 0 Official Order [PDF] o Appendix A: Social Distancing Protocol [PDF] 0 One Page Executive Summary o Executive Summary Last updated: 4/4/2020 12:22 PM Report a problem with this page All Content Copyright© 2020 , County of Santa Clara, CA 94 EXHIBIT I 95 FULL CORONAVIRUS COVERAGE V - Sacramentu Cuntra Caste San Fra ncisco Alameda San Mates: S a nta Clara Santa Cruz More COVlD-19 cases and deaths in Bay Area over weekend 10:03 AM Why do so many 'essenfial' workers get paid so little? Trump's coronavirus commentary bolsters attack ads Trump touts unproven drug, blocks Fuuci from quesfion about it Southern Calif. county orders all residents f0 wear masks SF's Palace of Fine Arts will be temporary homeless shelter SFGATE https://www.sfgate.com/politics/article/Gavin-Newsom-gun-store-closures-Second-Amendment-1 51 57244.php Gov. Gavin Newsom says state won't issue guidance on whether gun stores are essential businesses By Eric Ting, SFGATE Published 3:37 pm PDT, Wednesday, March 25, 2020 96 IMAGE 1 OF 64 Gov. Gavin Newsom updates the state's response to the coronavirus at the Governor's Office of Emergency Services in Rancho Cordova, Calif., Monday, March 23, 2020. California Gov. Gavin Newsom will not offer official guidance on whether gun stores can be classified as essential businesses and remain open during the state's shelter-in-place order. Newsom was asked about the issue after Los Angeles County reversed course on a move to close gun stores amid the spread 0f coronavirus in the region and the county's shelter-in-place order. L.A. County Sheriff Alex Villanueva initially ordered the closing of gun stores, but legal counsel for the county determined gun stores are essential businesses and must remain open. Villanueva then rescinded the order. During his Wednesday press conference, Newsom was asked whether the state would issue an official guidance for localities t0 follow, but Newsom said no guidance would be coming. "I belive in people's right to bear arms and I believe people are exercising that right," Newsom said of reports 0f increased sales at gun stores. "But I'll defer to the sheriff in this instance, and I'll defer to sheriffs in their respective jurisdictions for that clarification." 97 Many have questioned whether the forced closure of gun stores runs afoul of the U.S. Constitution's Second Amendment and Supreme Court precedent. The U.S. Supreme Court held in District ofColumbia v. Heller (2008) that the Second Amendment guarantees an individual the right to bear arms for self-defense purposes, and multiple groups stated they would bring legal challenges against localities closing gun stores. These groups argue that forcing gun stores to close would violate an individual's right to seek means of self-defense during a crisis. “There are far more important things that the sheriff can be doing than sending uniformed officers to gun stores telling them they’re going to be shut down by force,” said Sam Paredes, executive director of Gun Owners of California. “We’ve got lots 0f stories from people who said, ‘I’d never thought I’d own a firearm, and nowI want them more than anything in the world.” The full text 0f the Los Angeles County legal opinion that held gun stores were essential businesses was not released to the public. The Associated Press contributed to this report. MORE CORONAVIRUS COVERAGE: Sign upfor 'The Daily’ newsletterfor the latest on coronavirus here. o What you need to know about Bay Area shelter in place orders due to coronavirus n 'I cry every moming': Delfina owner heartbroken over closing restaurants, laying offworkers n Boba Guys founder on what it’s like to fire 400 people, shutter 17 locations in a single day o UC San Francisco accepting mask donations o 'Mom, what's happening to our city?': My apocalyptic bike ride on Valencia with my son o Legendary SF concert venue Slim's to close o 401-roomW Hotel San Francisco temporarily closes due t0 lack ofdemand o Can you leave your county if a shelter-in-place order is in effect in the Bay Area? 0 Can you ride your bike in counties with shelter-in-place orders? 0 'Quarantine shaming': People navigate new social nagxs o How 'flatten the curve' works in the coronavirus pandemic - How a mild case ofthe novel coronavirus can quickly turn deadly o Study shows how easily coronavirus can potentially spread o The two most common symptoms in coronavirus patients o Does smoking/vaping put you at a higher risk of coronavirus? - How coronavirus compares to epidemics ofthe past o The worst myths and misinformation about coronavirus - Out ofhand sanitizer? Here's how to make your own o Are children at a lower risk for coronavirus complications? o Are the elderly at a greater risk for coronavirus complications? o Why Taiwan's COVID-19 death rate is shockingly low Eric Ting is an SFGATE digital reporter. Email: eric.ting@sfgate.com | Twitter:@_ericting © 2020 Hearst Communications, Inc. II E A fl S 1' 99 EXHIBIT J 100 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Santa Clara County SCCg _ fiat."c Go to Provider Site lam searching for... n Services V Health&SafetyAlerts Healthlnformation V Diseaselnformation V How Do l...? Novel Coronavirus (COVlD-1 9) Home Disease Information Novel Coronavirus (COVID-19) Public Health Orders Navigat‘m Last content update: 4/4/2020 Novel C0ronavi rus (COVID-19) Home Elli | Espafiol | Tié'ngViét | Tagalog Read the full Shelter in Place Order Public Health Orders Table of Contents Coronavirus Facts o Current Shelter in Place Order Explained (PDF version) , , Learn What to Do o Executive Summary (PDF verSIon) o Detailed Summary of Changes o Frequently Asked Questions (PDF version) Press ArChiveS o Shelter in Place o Daily Activities Our County o Healthcare Operations Response o Caretaking and Education o Businesses o Construction and Essential Infrastructure QUiCk Links 0 Government Operations o Travel and Recreation o Public Health OrderArchive o Ask a Question or Share a Concern 101 If you thinkyou are sick https://www.sccgov.orglsites/phd/DiseaseInform ation/novel-coronaviruslPages/public-health-orders.aspx 1/52 Public Health Orders - Public Health Department - County of Santa Clara This information is provided to clarify prohibited and allowable activities while the Shelter in Place Order is in effect. Please remember when reading this information and deciding whether to submita question that thegoal ofthe Order is to maximize the numberofpeople who are stayinghome. The Order’s exemptions for allowable activities are intended to be narrow. Please limit physical interactions and stay home as much as possible to reduce the spread of COVlD-19. Back to Top A Current Shelter in Place Order Explained The Health Officer Orderto Shelter in Place issued on March 31, 2020 extends the earlier orderto Shelter in Place through May 3, 2020. It also limits more activities. What is the goal of the order to shelter in place? The orderto shelter in place allows us to: l. Lower the number of total people who become sick. 2. Save lives by slowing the spread of the virus to ensure we have enough room in our hospitals for people who develop severe illness. How does sheltering in place help? Sheltering in place is proven to slow the spread of the virus if everyone decreases the number of people with whom they come in contact because it decreases the number who might get sick from someone who is infected. What does it mean to shelter in place? Sheltering in place means you: 102 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx Donations Updates on County Services Information for Healthcare Providers 2-1-1 for Coronavirus Questions CDPH Novel Coronavirus Info CDC Novel Coronavirus Updates 2/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara o Must stay at home as much as possible o Can only leave your home for “essential activities,” to work for an “essential business,” ca rry out “minimum basic operations” for a business, perform an “essential governmental function,” orfor “essential travel” as explained in the Order. o Cannot host or attend any gatherings of any size. Activities you can still do: (Pa rtial list only. Refer to the links above for more detail) o grocery shopping, pick up medications, or pick up food to-go o work if you work for an essential business o attend doctor’s appointments o go outside as long as you can maintain 6 feet or more distance from others at all times What is different in this order from the one from March 16, 2020? The updated Order clarifies essential business and activities and has some new directives: o Limiting activities at parks and other outdoor activities to improve social distancing o Closing playgrounds and shared facilities for recreational facilities o Closing dog parks o Requiring essential businesses to prepare, post, and implement a Social Distancing Protocol o Limiting the number of people allowed in a store at one time and providing guidance on how to control shopping lines o Requiring stores to provide hand sanitizer o Further limiting allowable construction activities o Eliminating the exemption for businesses that sell products that allow people to work from home 103 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 3/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara o Allowing delivery of goods but not services to residences and businesses. Back to Top A Executive Summary When Does this Order Take Effect? As of 11:59 pm on March 31, 2020, all individuals in the County must strictly follow the provisions in this new Order. This new Orderwill be in effect through May 3, 2020, but that date could be changed by the County Health Officer. Why this New Order? The COVID-19 public health crisis in the County, the region, and the nation has worsened significantly overthe past two weeks. Confirmed cases in the six most populous Bay Area counties have increased more than eight-fold since the Prior Shelter Order. The number of confirmed cases increased from 258 to 2,092 cases between March 15, 2020 and March 29, 2020. The numberof confirmed deaths rose from 3 to 51 in this same period. While the Prior Shelter Order has been effective in reducing the rate of transmission of the COVID-19 disease (“flattening the curve”), it is not enough. The County Health Officer has determined that more and stricter social distancing is needed to slow the rate of spread, prevent deaths, and stop the health care system from becoming overwhelmed, and that we need to continue with these social distancing measures for a longer period of time. What are the Major Changes this New Order (March 31, 2020) Makes to the County Health Officer’s Prior Shelter Order Issued on March 16? 104 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 4/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara The new Order extends the shelter in place requirements through 11:59 p.m. on May 3, 2020. The new Order is also more restrictive in a number of ways. Major new restrictions include: .Social distancing requirements are mandatory. Unless strict compliance is explicitly waived, everyone must comply with the social distancing requirements at all times. . Before Friday, April 3, 2020, essential businesses that continue to operate facilities in the County must complete, post, and implement a social distancing protocol for each facility that remains open, using the template attached to the Order. . Essential businesses must maximize the number of employees who work from home, excepting only those employees who cannot perform theirjob duties from home. . Essential businesses that continue to operate facilities in the County must scale down operations to their essential component only. . Businesses that supply products needed for people to work from home are no longer essential businesses under the Order, and must cease operations (except minimum basic operations) at facilities in the County. . Use of playgrounds, dog parks, public picnic areas, and similar recreational areas is prohibited. These areas must be closed to public use. . Use ofshared public recreational facilities such as golf courses, tennis and basketball courts, pools, and rock walls is prohibited. These facilities must be closed for recreational use. . Sports or activities that require use of shared equipment, like frisbees, basketballs, baseballs, and soccer balls, may only be engaged in by members of the same household. . Most construction-residential and commercial-is prohibited. Exceptions are made for hHhSthcare https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 5/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara facility construction directly related to the COVID-19 response; affordable housing; public works projects when designated as essential by the lead governmental agency; shelters and temporary housing; projects necessary to provide critical services to certain vulnerable individuals; construction necessa ry to secure an existing construction site; and limited essential residential or business repairs. The new Order also makes important clarifications. Major clarifications include: l. Crowding at beaches, public parks, and open spaces has been a problem. The Health Officer, government, or entity that manages the space may adopt restrictions to reduce crowding and risk of COVID-19 transmission, including limiting number of entrants, restricting vehicular access, or complete closure. 2. Essential businesses must follow industry-specific guidance issued by the County Health Officer related to COVID-19. 3. Childcare facilities may only provide care to children or dependents of individuals working for essential businesses, providing essential governmental functions, or performing minimum basic operations for non-essential businesses. 4. Individuals may move residences only if it is not possible to wait until the Order expires, such as if a move is already planned or if it is necessary for safety or habitability. 5. Landscapers and similar service professionals may only provide services necessary to maintain the sanitation, habitability, or operation of residences or businesses, or for safety reasons. They may not provide services that are cosmetic or for general upkeep. 106 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 6/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara For a complete list of significa nt changes, see the “Detailed Summary of Changes.” Back to Top A Detailed Summary of Changes IWant More Detail. What Does this Order Change or Clarify? This Order strengthens, extends, and clarifies the restrictions in the Prior Shelter Order. It also adds critical new restrictions. Here is a complete list of significant changes and clarifications. See the Order and the FAQs for additional details: For Everyone: o The Order is in effect through Sunday, May 3, 2020 at 11:59 p.m., unless the Health Officer extends or shortens it. o Social distancing requirements are mandatory for everyone, including essential workers. These requirements include maintaining six-foot social distancing between individuals who are not members of your household. There are some exceptions-like when social distancing is impossible or inadvisable. o Individuals may move residences only if it’s not possible to wait until after the Order expires. In other words, you can move if the move is already planned or if it’s necessary to maintain shelter, to stay safe, or to stay in a livable residence. o Ifyou move into or out of the Bay Area region, you are strongly encouraged to quarantine for l4 days, following the guidance of the U.S. Centers for Disease Control and Prevention. o In addition to activities allowed underthe Prior Shelter Order, you may leave your residence to: 107 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 7/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara o Attend a funeral with no more than 10 individuals present. o Manage after-death arrangements and burial. o Arrange for shelter or avoid homelessness. o Avoid domestic violence or child abuse. o Travel for parental custody arrangements. o Travel to a temporary residence to avoid exposing others to COVID-19. For Healthcare: o You are allowed to leave your residence to access any healthcare services, including elective and preventative care services. o You are allowed to leave your residence to work or volunteer at healthcare operations, as well as to provide or access health care services. o Blood banks and blood drives can continue to operate. You’re allowed to work or volunteer for blood banks or blood drives, and you can donate blood. For Recreation: o Ifyou visit a park, beach, or other open space area, you must follow any restrictions that the local authorities or managers have in place for that area. These restrictions might include measures like closing pa rking areas, restricting car access, limiting the number of visitors, or closing the area to public access entirely. o You are not allowed to use recreational areas with high-touch equipment or areas for gathering outside of your residence. This includes playgrounds, picnic and barbecue areas, dog parks, and outdoor gym equipment. o Governments and other entities that manage recreational areas must close off public access to 108 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 8/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara gathering areas and areas with high-touch equipment. You are not allowed to use shared recreational facilities outside of your residence, such as golf courses, basketball courts, tennis and pickle ball courts, rock parks, climbing walls, pools, spas, shooting and archery ranges, gyms, and disc golf. Governments and entities that manage shared recreational facilities must close them to public access. You are allowed to engage in sports or activities that use shared equipment only with members of your own household. For Businesses: New Requirements forAll Essential Businesses: o Before Friday, April 3, 2020, essential businesses that continue to operate facilities in the County must create, post, and implement a Social Distancing Protocolfor each facility frequented by employees or the public, using the template attached to the Order. Essential businesses must also provide a copy of their Social Distancing Protocol to all employees and must provide evidence of its implementation to any authority enforcing the Order on demand. o Essential businesses must maximize the number of employees who can work from home. Only those employees who cannot perform theirjob duties from home may work outside their homes. o Businesses with both essential and non- essential components must scale down operations to only the essential components. However, retail outlets that sell a significant proportion of essential goods like food, hygiene, and consumer househfigproducts https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 9/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara may keep open to the public (and stock) the portions of their retail storefronts dedicated to non-essential products. Essential businesses must follow industry- specific guidance issued by the Health Officer related to COVID-19. o Removals from the List of Essential Businesses: o Businesses that supply products needed for people to work from home no longer qualify as essential businesses. o Additions to the List of Essential Businesses: o Service providers that enable residential transactions, including real estate agents, escrow agents, notaries, and title companies. Residential viewings may only occur virtually, or ifvirtual viewing is impossible and the residence is unoccupied, by appointment with no more than two visitors from the same household and one person showing the unit. Funeral home providers, mortuaries, cemeteries, and crematoriums. Services to assist individuals in finding employment with essential businesses. Moving services that facilitate residential or commercial moves allowed by the Order. Rental car companies and rideshare services (including shared bicycles and scooters) providing services necessary for Essential Activities. o Clarifications to the List of Essential Businesses: o Retailers that sell non-alcoholic beverages are essential businesses. Establishments that sell multiple categories of specified essential products (unprepared food, pet supplies, hygienic products, and household consumer products necessary for sanitation, habitability, or operatIOn of https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 10/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara residences) are essential businesses ifthey sell a significant amount of those essential products. This includes, for instance, a liquor store that sells a significant amount of food. o Arborists, landscapers, gardeners, and similar service professionals are essential businesses, but only to provide services necessa ry to maintain the safety and healthy operation of a business or residence. This means they can provide services for fire prevention like weed abatement. But they cannot provide services that are cosmetic or that constitute general upkeep. Gas stations, auto-supply, and auto-repair businesses, and auto dealerships may operate only to provide auto-supply and auto-repair services (and not, for example, car washes or onsite car sales). Businesses that supply products needed by other essential businesses may continue operating to supply those essential businesses. But they are prohibited from providing curbside pickup or onsite sales to members of the general public. Businesses are prohibited from operating facilities to manufacture or assemble non- essential products. Childcare facilities may only operate to provide childcare to children or dependents of workers exempt under the Order, including volunteers and contractors (e.g. employees of essential businesses, workers who must leave their residence to perform minimum basic operations, and workers performing essential governmental functions). Non-exempt workers cannot use childcare facilities. o Clarifications for Non-Essential Businesses: 111 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 11/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara o Non-essential businesses may deliver existing inventory directly to residences or other businesses. o Minimum basic operations include activities necessary to maintain the safety and sanitation of the business, as well as previously listed functions. Essential Infrastructure: o Essential infrastructure is clarified to include solid waste facilities (including collection, removal, disposal, and processing facilities), cemeteries, mortuaries, and crematoriums. o The Order removes public works construction and construction of housing from the list of essential infrastructure. Construction is restricted to the types of projects described below. Construction: o Construction is restricted to the following types of projects: o Projects immediately necessa ry to the maintenance, operation, or repair of essential infrastructure. This means that construction related to essential infrastructu re is not allowed if the infrastructure will not be ready for an extended period of time. The expansion of an infrastructural facility that will not be completed for a year, for example, is not fulfilling an immediate need. o Projects associated with healthcare operations, but only if the construction is directly related to the COVID-19 response. o Affordable housing, including multi-unit or mixed-use development with at least 10% income-restricted units. Other residential construction is not permitted. 112 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 12/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Public works projects, but only if they are specifically designated as an essential governmental function by the lead governmental agency. Shelters and temporary housing, but not including hotels or motels. Projects immediately necessa ry to provide critical non-commercial services to those experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs. Construction strictly necessa ry to ensure that a site that is shut down underthis Oder is safe and secure. Construction or repair necessary to ensure that a residence or a building containing essential businesses is safe, sanitary, and habitable if that work cannot be reasonably delayed. Social Distancing Requirements: o The Order expands and clarifies the list of social distancing requirements. These requirements now include: o Maintaining at least siX-foot social distancing from other individuals who are not part of your household; Frequently washing your hands with soap and water for at least 20 seconds or using hand sanitizer recognized by the CDC to be effective in combatting COVID-19; Covering cough and sneezes with a tissue or fabric or, it that’s not possible, coughing or sneezing into your sleeve or elbow (not into your hands); and Avoiding all social interaction outside your home when you’re sick with a fever or cough. 113 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 13/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara o Social distancing requirements are mandatory, except between members of the same family or living unit. Everyone must strictly comply with the social distancing requirements when they’re not in their home unless the Order specifically allows otherwise. Exceptions are for activities where strict social distancing is impossible or inadvisable, like: o When providing care (including childcare, adult or senior care, care to individuals with special needs, and patient care); When the work of essential businesses, essential governmental functions, or provision of minimum basic operations requires some amount of closer contact; By transit agencies and people riding on public transit, when strict compliance is impossible. Enforcement: o The Order clarifies that it can be enforced by law enforcement and also through civil remedies: o Failure to comply with the requirements is a misdemeanor punishable by fine, imprisonment, or both. Violation of the Order constitutes a public nuisance and a violation of the County Ordinance Code. The County may take appropriate actions to stop businesses from violating the Ordinance, including obtaining a temporary restraining order and pulling an applicable permit or revoking an applicable Hcense. Additional Clarifications: o Residences include both the living structures and outdoor spaces associated with them, such as patios, porches, backyards, and front yards that are only accessible to a single family or hqqlgehold unit. https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 14/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Frequently Asked Questions Back to Top A Shelter in Place Explained What does the Superseding Order do? This new Order requires that most people continue sheltering in their place of residence until May 3, 2020. This new Order replaces the prior Shelter-in-Place Order, which was set to expire on April 7, 2020. It also adds to the list of restrictions to slow the spread of the COVID-l9 disease. You are still allowed to participate in “essential activities” or to work for an “essential business” if it is not possible foryou to work from home. This means that you are allowed to leave your home for specified reasons-like to make sure you have the necessities of life (discussed more below) such as getting food and medical supplies, orto perform work for an essential business that you cannot complete from your home. You are also allowed to go outside to ta ke ca re of a pet or for exercise so long as you don’t congregate in a group and maintain at least six feet of distance between you and other people who aren’t part of your family or living unit. Is this mandatory or is itjust guidance? It is mandatory. This Order is a legal Order issued under the authority of California law. You are required to comply, and it is a crime (a misdemeanor) not to follow the Order. | work for an Essential Business, as defined by the new Order. Do | need to have a letter from my employer or other documentation to travel? 115 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 15/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara No. You do not need to carry official documentation (and the County does not issue any) demonstrating that you are exempt under the new Order. But be prepared to explain if requested by law enforcement why your travel is authorized under the Order. What does it mean to “shelter in place?” The term “shelter in place” means to stay in your home and not leave unless necessary for one of the exceptions listed in the Order (discussed more below). | heard that there is a statewide shelter-in-place order. Do | still need to comply with Santa Clara County’s Order? Yes. In addition to the statewide order, the County Health Officer’s Order remains in effect. All residents must comply with the restrictions in both the County and State Orders. Ifthe restrictions in the two orders are different, you must comply with the stricter of the two orders. What is the difference between “sheltering in place” and “social distancing”? Sheltering in place is a more rigorous form of social distancing. Sheltering in place means you: o Must stay at home o Can only leave your home for “essential activities,” to work for an “essential business,” to perform “minimum basic operations” for your employer, or for “essential travel,” as those terms are defined in the new Order (you can also see the FAQs for details) o Cannot host or attend any gatherings You should also maintain at least 6 feet of separation from other people who are not in your household, wash your hands frequently for at least 20 seconds each time (or use hand sanitizer), cough or sneeze into a tissue or your sleeve (not into your hands), and stay homé Wyou are sick. https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 16/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Back to Top A Da i ly Activities Can | leave home to visit friends or family members in another household or living unit if there is no urgent need orl am not performing an essential activity? No. Foryour safety as well as their safety, you are not allowed to visit friends or family members outside your own household. We need to help each otherfight the spread of COVlD-19 by staying at home. Can common recreational spaces in apartment buildings (like gyms and roof decks) stay open? No. For apartment dwellers, the Order’s shelter-in-place requirements for the “household or living unit” means their own apartment unit, not the building or complex as a whole. Common recreational spaces shared with others in the apartment building or complex, like apartment gyms, roof decks, barbecue areas, and roof decks, must be closed like any other public recreational space that contains high-touch equipment or encourages gathering. What about common areas in apartments, like shared laundry rooms, that residents need to access for sanitation needs? Apartment residents should be allowed to access facilities that are required for household cleaning and sanitation needs. Owners of apartment buildings must enhance cleaning of high-touch surfaces in these areas, and residents must observe all social distancing requirements in the Order, including maintaining at least 6 feet of separation from other people who are not part of their own household, washing their hands frequently for at least 20 seconds each time (or using hand sanitizer), coughing or sneezing into a tissue or sleevqflryot their https://www.sccgov.orglsites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 1 7/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara hands), and avoiding using the laundry facility if they are sick. Can Istill get my mail and deliveries? Yes. Mail and delivery services may continue to operate under the Order. Can | still order the things | need online from businesses and have them delivered to my home? Yes. The Order allows you to go online, purchase items, and have them delivered to your home. Can | go out to do laundry or to have my laundry done? Yes. Should | stock up on food, necessities like toilet paper, and on medicines? No. You will continue to be able to purchase these items. Stores selling necessary items like grocery stores, pharmacies, and hardware stores will stay open. Please continue to buy normal quantities of these items on the same schedule you normally follow. This will ensure that there is enough for everyone. What ifl can’t get out of the home? How can | get supplies and food? Please contact friends, family, or others you know who can provide support. They are allowed to pick up the items you need. You can also orderfood and other supplies and have them delivered to your home. Ifyou think you might be eligible for meals on wheels, call 408- 350-3246 to start the eligibility inta ke process. Can | leave home to go to my church, synagogue, or mosque? No. For your safety as well as the safety of your fellow worshippers, we need to help each otherfifitgthe spread https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 18/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara of COVID-19 by staying at home. Places of worship may offer remote access to services, such as by emails, video streaming, or teleconference. How can | buy non-essential products if stores are closed? Most items can be ordered online and delivered to your home, and many other non-essential items may be available from retailers who primarily sell essential items. Can | go to a bar, nightclub, or theater? No. Entertainment venues are not allowed to operate. Can | go to a restaurant, café, coffee or tea shop, ice cream shop, or other foodservice location? Yes, but only to pick up food. You cannot dine, eat, or drink in or around the facility. These facilities can also defiven Can Iwalk my dog? Yes, but you cannot use dog parks. Be sure that you distance yourself at least six feet from others who are not part of your household Can ltake my dog to the dog park? No. Dog parks are areas that encourage people to gather together, and are required to close. Can | go to a vet or pet hospital if my pet is sick? Yes. Please call first to determine if the vet has any restrictions in place. | don’t cook-how can | purchase meals? Restaurants, cafes, food trucks, and similar establishments are encouraged to remain open to supply meals to the public via delivery and carryout. You can also purchase prepa red foods at grocery stores, supermarkets, 119 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 19/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara certified farmers’ markets, convenience stores, and other such food retailers. How can | access free or reduced-price meals for myself or my family? Schools, soup kitchens, food banks, and otherentities that provide free or reduced priced food or meals to the public are encouraged to continue providing these services. You must pick up and take away the food or have it brought to you. Do not eat on the premises. Can | carry out a court-ordered visit with my kids? Yes. The Order exempts travel by court order or law enforcement. Can | still access necessary items in my self-storage unit? Self-storage facilities are not essential businesses but that they can maintain minimum business operations and allow people to access their units to the extent they are accessing them for medical or other essential needs. Back to Top A Healthcare Operations What should ldo if I’m sick? lfl or a family member need immediate medical attention, can | leave home to go to the doctor or hospital? lfyou are feelingsick, first callyourdoctor, a nurse hotline, or an urgent ca re center before going to the hospital. Do not go to the emergency room of a hospital unless you are having an actual emergency. Butyou can and should seek medical advice if you or a family member is sick. If it is not an emergency, please contact your primary ca re provider to determine next steps. Also, you can check online resources to help you assngsymptoms if https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 20/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara you are worried about whetheryou or a loved one has COVlD-19. You should check www.cdc.gov/coronavirus/2019-ncov/ for more information. Call 911 or go to an emergency room if you are experiencing a medical emergency. Can | get my prescriptions or other healthcare needs? Can | leave home to go to the pharmacy to get my prescription filled? Yes. Drug stores and other medical supply stores are allowed and encouraged to operate. When possible, you should have prescription medicines and healthcare supplies delivered to your home. I’m a medical provider - am | allowed to remain open for preventive and non-urgent care? Yes, if you are a medical provideryour office is encouraged to remain open. Underthe Order, all medical services, including routine and preventive care, are considered essential. This includes, but is not limited to, mental health services, immunizations, well-woman exams, allergy shots, eye exams, physical therapy, and surgeries. With the exception of dental services, preventive and non- urgent care should generally not be deferred (please see the following FAQ regarding dental services). Many visits involve exams or procedures that must be done in person, but practitioners are encouraged to conduct appointments remotely via phone or telemedicine when it is appropriate and feasible to do so. | run a dental facility - should | continue to provide cleanings and non-urgent dental services to patients? No. As recommended by the Centers for Disease Control and Prevention (CDC), dental facilities should postpone elective procedures, surgeries, and non-urgent dental visits, and prioritize urgent and emergency visits. You should contact your dentist to inquire about whether a dental service is urgent or should be deferrfgl Dentists https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 21/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara should referto guidance that is available on the CDC website at: https://www.cdc.gov/oralhealth/infectioncontrol/stateme nt-COVID.html. Can | continue to use reflexology, massage therapy, chiropractic, or similar services? You may continue to use these services if your healthca re provider has determined that they are medically necessary foryou. Can | still go to my mental health appointments? Yes, mental health appointments can continue. Patients should consult with their practitioners to determine whether it is appropriate and feasible to conduct individual mental health appointments remotely. Can | still go to my substance abuse treatment groups (e.g. Alcoholics Anonymous or Narcotics Anonymous) or other group counseling sessions? All participants in group counseling services must attend meetings remotely if they are equipped to do so. Groups should make accommodations for remote support to the maximum extent feasible. If remote participation is not feasible or advisable under the circumstances, participation may occur in person provided that there is compliance with the social distancing requirements set forth in the Order, including maintaining at least 6 foot distance between individuals and capping group size to reduce in-person interactions. What mental health resources are available for people experiencing distress? The following resources are available to help people who may be experiencing distress or heightened anxiety right now: 122 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 22/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara o 24/7 Behavioral Health Services Department Call Center: (800) 704-0900 o Crisis Text Line: Text RENEW to 741741 o Suicide and Crisis Hotline 24/7: (855) 278-4204 o Ifyou are experiencing an emergency please call 911 immediately. Can and should | donate blood ifl am healthy? Yes, blood banks, blood donation centers, and blood drives are exempt healthcare operations. Ifyou are healthy and do not have COVID-19 symptoms, you are encouraged to donate. The need for adequate blood donations from health people is critical. Should cafeterias in hospitals be closed? No. Hospital cafeterias fall within the exemption for healthcare facilities and may remain open. Hospital cafeterias must be structured to ensure siX-foot minimum distancing between non-related individuals picking up food from or eating in the facility. Hospital cafeterias should increase cleaning and sanitization to minimize risk of exposure and follow other Social Distancing Requirements specified in the Order to the maximum extent feasible. Cafeterias in all other facilities must follow the requirements in the Order - specifically, food can be carried out or delivered, but cannot be eaten in the cafeteria. Will this order prevent companies working on vaccines and testing for COVlD-19 from continuing to do that work? No. The Order exempts any business that is performing work related to the delivery of health care, including companies working on vaccines and testing for COVID-19. lwork in a hospital or medical clinic, but I’m not sure I’m essential. Should | continue to work? What if I’m over 60? 123 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 23/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Yes. All employees of hospitals, clinics, and other organizations that provide healthca re, provide services to healthcare organizations, provide needed supplies to healthcare organizations, or otherwise maintain healthcare operations of all kinds may continue working. The Health Orderdoes not advise orencourage health ca re workers over 60 to stop reporting to work. Back to Top A Caretaking and Education Can | visit loved ones in the hospital, nursing home, skilled nursing facility, or other residential care facility? You may visit a hospital or other healthca re facility only forthe purpose of obtaining health care services and supplies. Non-essential visitations are barred. Do not visit a nursing home, skilled nursing facility, or residential care facility other than for the purpose of secu ring ca re. People over 6O yea rs of age are particularly vulnerable to COVID- 19. Can | leave home to care for my elderly parents or friends who require assistance to care for themselves? Or a friend or family member who has disabilities? Yes. Be extremely cautious when providing ca re to vulnerable people and ensure that you protect them and yourself by following social distancing guidelines such as washing hands before and after, using hand sanitizer, maintaining at least 6 feet of distance when possible, and coughing or sneezing into a tissue. What do I do about my kids? I have to work. lfyou work for an essential business, as described in the Order, you can and should continue to work. Certain employers, schools, and community organilz%4ions will be https://www.sccgov.orglsites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 24/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara providing childcare for employees of essential businesses. You may also employ a nanny or babysitter to provide home-based care for your kids. Does this Order require that schools shut down? This Order requires that all schools stop holding classes at physical locations within the County. Schools can still provide distance learning to their students. Employees of schools may go to work for the purpose of providing distance learning to their students, but they must comply with social distancing requirements while at work. Schools can also continue to offer students free and reduced-price lunches for takeaway, which many schools a re doi ng. Are dayca re facilities allowed to operate? Yes, but only to allow children of owners, employees, volunteers, and contractors for essential businesses, essential governmental functions, or for carrying out minimum basic operations to work. Children of other workers who are not exempt under the Order cannot attend daycare. Also, any daycare facility operating to serve children of essential workers need to comply with these mandatory conditions in the Order to the extent possible: l. Childcare must be carried out in stable groups of 12 or fewer (“stable” means that the same 12 or fewer children are in the same group each day). 2. Children shall not change from one group to another. 3. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other. 4. Childcare providers shall remain solely with one group of children. lam a nanny. Will | get in trouble ifl go toWM? https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 25/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara You won’t get in trouble if you go to work. The Order allows nannies and childcare providers caringfor a child in the child’s own home to continue working. Back to Top A Businesses Will all business offices and stores be required to close? No. “Essential businesses” may keep theirfacilities open (and are strongly encouraged to keep them open) to continue providing essential services and products to the public. Employees may leave home to go to thesejobs. But all businesses, including essential ones, are required to maximize the number of employees working from home and bring in only those employees who can’t carry out theirjob duties from home. Non-essential businesses must cease all activities at their facilities within the County, except to provide minimum basic operations, such as maintaining the value of a business’s inventory, keeping the business site safe and secure, ensuring that employees are able to work remotely, or providing forthe delivery of existing inventory to residences or businesses. Employees may otherwise work from home. What are “Essential Businesses”? The following excerpt from the Order lists the “Essential Businesses”: i. Healthcare Operations and businesses that operate, maintain, or repair Essential Infrastructure; ii. Grocery stores, certified fa rmers’ markets, fa rm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of unprepared food, canned food, dry goods, non-alcoholic beverages, fresh fruits and vegetables, pet supplnygesh meats, https://www.sccgov.orglsites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 26/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara fish, and poultry, as well as hygienic products and household consumer products necessary for personal hygiene or the habitability, sanitation, or operation of residences. The businesses included in this subparagraph (ii) include establishments that sell multiple categories of products provided that they sell a significant amount of essential products identified in this subparagraph, such as liquor stores that also sell a significant amount of food. Food cultivation, including farming, livestock, and fishing; . Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; . Construction, but only of the types listed in this subparagraph below: l. Projects immediately necessa ry to the maintenance, operation or repair of Essential Infrastructu re; 2. Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response; 3. Affordable housing that is or will be income- restricted, including multi-unit or mixed-use developments containing at least 10% income- restricted units; 4. Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency; 5. Shelters and temporary housing, but not including hotels or motels; 6. Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special need5'127 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 27/52 4/6/2020 vi. vii. viii. xi. xii. Public Health Orders - Public Health Department - County of Santa Clara 7. Construction necessary to ensure that existing construction sites that must be shut down under this Order are left in a safe and secure manner, but only to the extent necessary to do so;and 8. Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed; Newspapers, television, radio, and other media services; Gas stations and auto-supply, auto-repair (including, but not limited to, for cars, trucks, motorcycles and motorized scooters), and automotive dealerships, but only forthe purpose of providing auto-supply and auto-repair services (and not, by way of example, car sales or car washes). This subparagraph (vii) does not restrict the on-line purchase of automobiles if they are delivered to a residence or Essential Business; Bicycle repair and supply shops; . Banks and related financial institutions; . Service providers that enable residential transactions (including rentals, leases, and home sales), including, but not limited to, real estate agents, escrow agents, nota ries, and title companies, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in person visits are not allowed when the occupant is still residing in the residence); Hardwa re stores; Plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the habitabiléigl, sanitation, https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 28/52 4/6/2020 xiii. xiv. XV. xvi. xvii. xviii. xix. Public Health Orders - Public Health Department - County of Santa Clara and operation of residences and Essential Businesses, but not for cosmetic or other purposes; Arborists, landscapers, gardeners, and similar service professionals, but only to the limited extent necessary to maintain the habitability, sanitation, operation of businesses or residences, or the safety of residents, employees, or the public (such as fire safety ortree trimming to prevent a dangerous condition), and not for cosmetic or other purposes (such as upkeep); Businesses providing mailing and shipping services, including post office boxes; Educational institutions-including public and private K-12 schools, colleges, and universities-for purposes of facilitating distance learning or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible; Laundromats, drycleaners, and laundry service providers; Restaurants and other facilities that prepare and serve food, but only for delivery or carry out. Schools and other entities that typically provide free food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or members of the public on a pick-up and take-away basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site; Funeral home providers, mortuaries, cemeteries, and crematoriums, to the extent necessary for the transport, preparation, or processing of bodies or remains; Businesses that supply other Essential Businesses with the support or supplies necessary to operate, but only to the extent that they support or supply these Essential Businesses. This exenlag'on shall not https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 29/52 4/6/2020 XX. xxi. xxii. xxiii. xxiv. XXV. xxvi. xxvii. Public Health Orders - Public Health Department - County of Santa Clara be used as a basis for engaging in sales to the general public from retail storefronts; Businesses that have the primary function of shipping or delivering groceries, food, or other goods directly to residences or businesses. This exemption shall not be used to allow for manufacturing or assembly of non-essential products or for other functions besides those necessary to the delivery operation; Airlines, taxis, rental car companies, rideshare services (including shared bicycles and scooters), and other private transportation providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order; Home-based care for seniors, adults, children, and pets; Residential facilities and shelters for seniors, adults, and children; Professional services, such as legal, notary, or accounting services, when necessary to assist in compliance with non-elective, legally required activities; Services to assist individuals in finding employment with Essential Businesses; Moving services that facilitate residential or commercial moves that are allowed underthis Order; Childcare facilities providing services that enable owners, employees, volunteers, and contractors for Essential Businesses, Essential Governmental Functions, or Minimum Basic Operations to work as allowed underthis Order. Children of owners, employees, volunteers, and contractors who are not exempt under this Order may not attend childcare facilities. To the extent possible, childcare facilities must operate under the following conditions: l. Childcare must be carried out in stable groups of 12 or fewer (“stable” means tfi6 the same https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 30/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara 12 or fewer children are in the same group each day). 2. Children shall not change from one group to another. 3. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other. 4. Childcare providers shall remain solely with one group of children. What if my business is not considered an essential business? Does this Order require that | shut down my business facility? Yes, it does, except for the following “Minimum Basic Operations,” which are defined in the following excerpt from the Order: i. The minimum necessary activities to maintain and protect 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 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. Otherthan to maintain minimum basic operations, your employees can only work remotely from their residences. Any employees who are onsite must strictly follow the Order’s social distancing requirements, including maintaining a distance of six feet from one another (unless incompatible with thejob duty), frequently washing hands with soap and water for at least 20 seconds or using an effective hand sanitizer, covering coughqud sneezes, https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 31/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara and avoiding all social interaction outside the household when sick with a fever or cough. I work for Apple, Google, or another large technology company that provides products and services that the public needs to access critical services. ls my company being completely shut down? No. But most employees of these companies need to work from home. The only employees of these companies who can go to work are: (i) employees who are needed to maintain the minimum basic operations described in the Order; or (ii) employees who are needed to work onsite to operate, maintain, or repair Essential Infrastructu re (i.e., essential global, national, and local infrastructu re for internet, computing services, business infrastructure, communications, and web-based services forthe community) and who cannot perform their work duties from home. Any employees who are onsite must strictly follow the Order’s social distancing requirements, including maintaining a distance of six feet from one another (unless incompatible with thejob duty), frequently washing hands with soap and water for at least 20 seconds or using an effective hand sanitizer, covering coughs and sneezes, and avoiding all social interaction outside the household when sick with a fever or cough. Does the Order require that businesses stop work that is necessary to our healthca re system? No. The Order exempts any business that is performing work related to the delivery of health care, including hospitals, clinics, COVID-19 testing locations, dentists, pharmacies, blood banks and blood drives, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, and veterinary care and all healthcare services provided to animals. 132 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 32/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Can my company tend to its labs under this Order? It depends. Your lab may operate only if it performs work that is exempted in the Order. Otherwise, you and your employees are allowed to perform only minimum basic operations onsite at your workplace, and must strictly comply with the Order’s social distancing requirements, including maintaining a distance of six feet from one another, frequently washing hands with soap and water for at least 20 seconds or using an effective hand sanitizer, covering coughs and sneezes, and avoiding all social interaction outside the household when sick with a fever or cough. Other than that, employees cannot be onsite at your lab locations. Are non-profit organizations allowed to continue operating? Yes, ifthey provide essential services as described in the Order. This would include non-profits operating food pantries, providing housing for homeless residents, and providing other critical services. Non-profit organizations that do not provide essential services cannot continue operating their facilities, except to provide minimum basic operations, such as maintaining the value of inventory, keeping the site safe and secure, providing for the delivery of existing inventory to residences or businesses, or ensuring that employees are able to work remotely. All employees may also work remotely from their residences. Unless closer contact is necessary for their work, all employees must strictly comply with the Order’s social distancing requirements, including maintaining a distance of six feet from one another, frequently washing hands with soap and water for at least 20 seconds or using an effective hand sanitizer, covering coughs and sneezes, and avoiding all social interaction outside the household when sick with a fever or cough. Other than that, employees cannot be onsite at your lab locations. 133 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 33/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara What ifsome of the work my business does at its facility is essential and some is non-essential? Businesses that include an Essential Business component at their facilities alongside non-essential components must scale down their in-person operations to the Essential Business component only. For instance, if 20% of manufactu ring capacity in your business is devoted to essential products, and 80% of capacity is devoted to non- essential products, you can only operate at 20% ca pacity. The one exception to this rule is that retail businesses that sell a significant amount of essential products like food, personal hygiene, and consumer household products may keep their entire retail storefronts open even if some of the products they sell are non-essential. | operate a “big box store” that sells some clothing in addition to groceries and personal hygiene products. Can | keep open the part of my store that sells clothing? Yes. If your store sells a significant amount of groceries and hygiene products, you can keep your entire store open. | operate a store that mainly sells non-essential goods, but also sells a small amount of essential goods like food and hygiene products. Can | continue to sell products to customers at my storefront? No. If you do not sell a significant amount of goods like food, hygiene, or cleaning products, you cannot keep your storefront open. Your store can deliver items directly to customers’ residences. Other than that, you can only maintain minimum basic operations, such as store security and safeguarding your inventory. What should | do if my employer makes me to go to work? Many businesses are not allowed to operate under this Order. Essential businesses, as defined in the Order, are allowed (and encouraged) to continue operating. Ifyour work is not an essential business, you are nloizhllowed to https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 34/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara go to work and your employer cannot make you go except for limited minimum basic operations such as maintaining the value of a business’s inventory, keeping the business site safe and secure, or ensuring that employees are able to work remotely. The Order does not prohibit anyone from working from home. Youremployercan require you to work from home - and you can do so - ifyourwork allows it. Can bike repair shops continue to operate? Yes, bike repair shops are treated as an essential business (the same as auto repairshops) because they are necessary to facilitate essential travel. Can my company continue to providejanitorial services to businesses? Yes, janitorial services are allowed because they are necessary for health and sanitation. Can grocery stores, farmers markets, and other food retailers remain open? Yes. Grocery stores, certified fa rmers’ markets, fa rm and produce stands, supermarkets, food banks, convenience stores, and otherfood retail establishments sellingfoods items and non-alcoholic drinks are encouraged to stay open to provide food items and pet supplies to the public. When visiting these places, you must help the retailer maintain Social Distancing Requirements, including while you are shopping and standing in line. I operate a food facility-what practices should l follow to keep my patrons safe? Follow the best practices for allowable food facility operations included in the Department of Environmental Health’s “COVlD-19 Risk Mitigation Measures for Food Facilities”: Risk Mitigation Measures for Food FacilitieslngDF] https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 35/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Read the Department of Environmental Health’s Letter advising on the effects of the Order on food facilities: Notice for Food Facilities [PDF] Visit the Department of Environment Health>Novel Coronavirus>Informational Links for COVID-19 forthe latest practices. Consult the Public Health Department’s website for additional up to date information. What if | have a cafeteria at my worksite. Can it continue to operate to serve workers who are doing work exempted in the Order? The cafeteria can operate like other food facilities. It can serve food to the remaining employees, so long as the employees take the food away and do not eat it in the cafeteria. The cafeteria must strictly follow the social distancing requirements in the Order. Can | operate my liquor store? You may keep your liquor store open if it also sells a significant amount of products like food, and household cleaning and personal hygiene items. lam in the business of manufacturing food that l supply to grocery stores and other food retailers. Am | required to shut down? No. Businesses that supply food goods and prepared meals to grocery stores and other food retailers are essential and may continue operating. Can warehouses and distribution centers that supply essential businesses stay open? Yes, but only to the extent they support or supply those essential businesses. Warehouses and distribution centers should minimize the number of employees onsite and 136 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 36/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara strictly comply with all social distancing requirements in the Order. | operate a large retail store selling largely non-essential items, but we also sell some goods that essential businesses need to operate. Can | keep my retail store open as an essential business that supplies other essential businesses? No. Businesses that supply other essential businesses with the support or supplies they need to operate can remain open only for the purpose ofsupplying those essential businesses. They cannot stay open to keep making sales to the general public from retail storefronts. What if | want to go to work at a physical location in the County and I’m not sick? Unless your work is exempted in the Order, you cannot go to work at a physical location in the County even if you want to. You can work from home for any business ifyour employer allows it and your work can be done from home. | operate a business that is required to close-can my business deliver things to people’s homes? Yes, non-essential businesses may maintain minimum basic operations. This includes making deliveries of existing inventory to people’s homes. My business provides critical services and products for the federal government that we are required to provide on a time-certain basis--can we continue to manufactu re these products or perform these services? Employees and contractors of any governmental entity may continue to provide the services and products if the governmental entity determines that they are necessa ry to carry out an essential governmental function. Can gardening and landscaping services continue? 137 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 37/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Arborist, landscaping, and gardening services can continue only if they are necessary to maintain the habitability, sanitation, operation of businesses or residences, or the safety of residents, employees, or the public (such as fire safety or tree trimming to prevent a dangerous condition). Landscaping services for cosmetic purposes or general upkeep have to stop. Landscapers and other professionals performing services under contract with governmental agencies should consult the relevant agency to determine whether their services are deemed essential. Can home service workers continue to provide their services? Home service workers can keep providing services in homes ifthey are essential to health, safety, sanitation, or the necessary operation of the home. Generally, this means that plumbing, pest control, important maintenance (to, for example, fix a water leak or a faulty wire), or similar services needed to maintain a safe and sanitary home are allowed. Purely cosmetic or other non- essential home services for general upkeep are not allowed and should be put off. Home-based care for children, adults, seniors, and pets is also allowed under the Order. What ifl have a service or equipment emergency at my home, such as with plumbing or electricity? Service providers like plumbers, electricians, and exterminators can keep working and providing services to the public that are necessary to maintain a livable, sanitary, and functional household. You can call your building manager or one of these service providers, or you can also visit your hardware store to assist with making your own repairs. Can my pool maintenance company come to my house or ' 7busmess. 1 38 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 38/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Yes, so long as the service is necessary to maintain safety and sanitation. Allowable operations include routine maintenance work like cleaning, chemical balancing and adjustments, and filtration (necessary to, for instance, prevent pool algae from blooming) and safety-oriented repairs. Can real estate agents show residences in person? Or if I just closed on a home, can | do a walk-through of the home with the agent or seller? Generally, no. Real estate agents, escrow agents, and other service providers that facilitate residential transactions like home sales and apartment rentals are essential workers, but all appointments and viewings must happen virtually (via video or livestream). Only if a virtual viewing is not possible, then in-person showings can occur by appointment with no more than two visitors at a time from the same household, and only one agent showing the unit. In-person showings or walk-throughs are not allowed when the occupant is still living in the residence. Can notaries public continue to operate? Yes. Can title insurance companies continue to operate? Yes. Are cannabis dispensers and growers allowed to operate? Medical dispensaries can dispense under healthcare industry exemptions. Suppliers to medical dispensaries and licensed medical growers can operate as well. Non- medical cultivation, supply, and dispensing of cannabis are prohibited, with the exception of deliveries directly to residences. Dispensaries with a mixed clientele of both medical and non-medical customers can do in-person business only with medical customers. 139 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 39/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Can recreational cannabis be purchased on a “take-out” basis? No. Can | have cannabis delivered to my home? Yes. The Order allows businesses to deliver products to people’s residences. Can auto dealerships sell cars online and deliver them to people’s homes? Yes. The Order allows businesses to deliver products to people’s residences.But car dealerships cannot sell or lease cars in-person. Can gun shops selling firearms and ammunition continue to keep their storefronts open? No. Gun shops are not essential businesses under the Order. The Order allows delivery of inventory directly to customers at their residences in compliance with applicable laws and regulations, but gun shops may not make sales from their storefronts. | work in a cemetery-can | go to work? Yes, cemeteries are essential infrastructu re. Are funeral home providers and mortuaries allowed to continue operating? Yes, funeral home providers and mortuaries may continue operating to the extent necessa ry to the transport, preparation, or processing of remains. This means that any employee necessary for the transport, prepa ration and/or processing of a body may continue to report to these facilities to conduct their work. Can my business keep manufacturing and selling beauty products? 140 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 40/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara No. Businesses engaged in the retail sale of hygienic products and household consumer products necessary for personal hygiene, as well as businesses that supply those retailers, are essential businesses. Beauty products do not fall within the exemption. A business that makes and sells beauty products can arrange for shipping or delivery of its existing inventory directly to residences or businesses as part of allowable minimum basic operations, but it cannot continue manufacturing these products within the County. My business manufactures, supplies, or repairs cell phones. Can it stay open? Yes. Ifyour business is primarily engaged in supply or repair of cell phones or other telecommunications devices, then it is essential and may continue to operate under the Order for that purpose. Can plant nurseries stay open? No. Plant nurseries are not essential businesses. Employees may only report to these facilities to ca rry out minimum basic operations, like securing the facility, maintaining the value of the inventory (such as watering the plants), and providing for the delivery of existing inventory to residences or businesses. Back to Top A Construction and Essential Infrastructu re Can commercial construction projects go forward? The Order allows only the following kinds of construction projects to move ahead: l. Projects immediately necessary to the maintenance, operation, or repair of Essential Infrastructu re; 141 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 41/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara 2. Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response; 3. Affordable housing that is or will be income- restricted, including multi-unit or mixed-use developments containing at least 10% income- restricted units; 4. Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency; 5. Shelters and temporary housing, but not including hotels or motels; 6. Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs; 7. Construction strictly necessa ry to ensure that existing construction sites that must be shut down underthis Order are left in a safe and secure manner, but only to the extent necessary to do so; and 8. Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed; | work for an essential infrastructu re organization-can | leave home to go to work? Yes, ifthe project you are working on is immediately necessary to the maintenance, operation, or repair of Essential Infrastructu re. Essential Infrastructure means airports, utilities (including water, sewer, gas, and electrical), oil refining, roads and highways, public transportation, solid waste facilities (including collection, removal, disposal, and processing facilitiesifimeteries, https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 42/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara mortuaries, crematoriums, and telecommunications systems (including the provision of essential global, national, and local infrastructu re for internet, computing services, business infrastructu re, communications, and web-based services). Can my business expand a data center that houses computer servers to ensure that we can maintain existing service levels during a period of increased demand? Yes, if the construction is immediately necessa ry to maintain the operation of essential computer or internet infrastructu re. Are there any kinds of special protocols | need to comply with if I’m running an active construction site? Yes. All construction sites must comply with the COVlD-19 Construction Field Safety Guidelines, which are available here: COVlD-19 Construction Field Safety Guidelines [PDF]. Can my company continue construction on a healthcare facility? Yes, if the construction on the healthca re facility is directly related to the COVlD-l9 response, such as creating or expanding Healthcare Operations that are directly needed to provide COVlD-19-related health care. | run a construction company that builds affordable and market rate housing. Can we continue to build new units? You can construct only the following kinds of housing: l. Affordable housing that is or will be income- restricted, including multi-unit or mixed-use developments containing at least 10% income- restricted units; 2. Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency; 143 https://www.sccgov.orglsites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 43/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara 3. Shelters and temporary housing, but not including hotels or motels; 4. Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs; You cannot otherwise continue construction of market- rate housing, except (i) to ensure that your existing construction sites are left in a safe and secure manner while they are shut down in compliance with this Order; or (ii) to engage in construction or repair necessary to ensure that existing market-rate housing is safe, sanitary, and habitable ifthat construction or repair cannot be delayed. | have a contractor scheduled to begin a remodel next week. Can | go ahead with this project? You must defer your remodel or renovation project unless it is necessary to restore your home to a safe, sanitary, and habitable space and cannot reasonably be delayed. | am midway through a remodel. Can my construction project continue? Residential remodeling projects that are partly completed can continue if delaying completion would pose a safety, security, or sanitation risk to residents or impact the habitability of the residence; otherwise, they must be deferred. | have a construction project that will sustain damage ifl do not continue work on it. Can | complete the project if it is not related to provision of healthcare, housing, or essential infrastructure? You can perform work on the site only to ensure it is safe and secure while it is shut down in compliance with this Order. This includes sending employees to the construction site to secure the site and ensfllfiéit does not https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 44/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara sustain damage. You can continue construction on the project onlyif strictly necessa ry to prevent damage to the project, e.g. completing a roof or ensuring that there is proper drainage after grading has been completed. Who makes the determination about whether public works projects are essential? Public works construction is permissible if the lead governmental agency for the project determines that it is essential. It is up to the lead governmental agency (i.e., the city, county, state, federal government, special district, etc.) to decide the process for making that designation. The governmental agencies involved in the project should decide amongst themselves which agency is serving as the lead governmental agency. My business is building a residential project and has paid in lieu fees to cover affordable housing-can my project continue? No, the Order allows only construction of income- restricted units, or multi-unit or mixed-use developments that contain at least 10% income-restricted units. Payment of in lieu fees does not qualify a project as affordable under the Order. | own a restaurant - Can | do renovation work like expanding the kitchen or dining area? No. If immediate needs arise, you may do limited repair work necessary to make the facility safe or sanitary. But you cannot do non-essential construction work on your food facility, like remodeling a kitchen or expanding the dining area. Can quarries continue to operate under the Order? Quarries can continue to operate in order to supply materials necessary forthe operation and maintenance of Essential Infrastructu re or for construction activities allowed under the Order. All quarries must mgnply with https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 45/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara social distancing requirements set forth in the Order to the greatest extent feasible. Back to Top A Government Operations Do government agencies providing essential governmental functions need to complete and implement Social Distancing Protocols? Governmental entities are strongly encouraged to complete Social Distancing Protocols for each of their facilities that remain open for any essential governmental functions, though the Order does not require them to do so. Just as with private businesses, Social Distancing Protocols assist governments in implementing risk reduction measures identified by the Health Officer, ensure that government agency staff and community members accessing government services are protected, and inform government employees and members of the public visiting the facilities about their respective responsibilities to prevent the spread of COVlD-19. Each department or agency continuing to perform essential governmental functions at the workplace is encouraged to complete and implement a Social Distancing Protocol for its facilities, post the protocol where it is publicly visible, and distribute the protocol to its employees. ls the local government shutting down? No. Essential government functions will continue, includingfirst responders, emergency management personnel, emergency dispatchers, and law enforcement. Other government functions or offices may be su bject to reduced schedules or may be closed as part of the effort to fight the spread of COVlD-l9. Each government agency identifies the services that qualify as Essential Governmental Functions, and designates tHéfiersonnel https://www.sccgov.orglsites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 46/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara who will continue providing those functions. For the County of Santa Clara, information about availability of County services is regularly updated at www.sccgov.org/sites/opa/opa/covidl9. I work for the government-Can | continue to go to work? As a government employee, you can continue to go to work if your employer designates you as an essential employee. Each government agency is responsible for determining which of its workers are essential workers. Can | get a building permit or building inspection from the Planning Department for my construction project, or make sure my business gets the Fire Department’s fire safety and hazmat inspection that l need to keep operating? Contact the releva nt city or county agency to determine if it is still providing the service you need as an essential governmental function. For the County of Santa Clara, information about availability of County services is regula rly updated at www.sccgov.org/sites/opa/opa/covid19, and also available on individual department websites such as the Department of Planning and Development’s site at www.sccgov.org/sites/dpd/Pages/DPD.aspx. Back to Top A Travel and Recreation Idon’t have a car. Can | ride the bus or train, or can l get a ride in my favorite ride-share/on-demand car service or a taxi? Yes, but public tra nsit, ride-share services, or any other way of traveling can only be used for Essential Travel, which means: 147 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 47/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara .Travel to provide or access Essential Activities, Essential Governmental Functions, Essential Businesses, or Minimum Basic Operations. ii. Travel to care for any elderly, minors, dependents, or persons with disabilities. iii. Travel to or from school to get materials for distance learning, to pick up meals, and to access any related services. iv. Travel to return home from outside the County. v. Travel required by law enforcement or a court order. vi. Travel required for non-residents to leave the County and go back home. vii. Travel to manage after-death arrangements and burial. viii. Travel to arrange for shelter or avoid homelessness. ix. Travel to avoid domestic violence or child abuse. X. Travel for parental custody arrangements. Xi. Travel to a place to temporarily reside in a residence or other facility to avoid potentially exposing others to COVID-19, such as a hotel or other facility provided by a governmental authority for such purposes. When you are on public transit, you must follow the Order’s social distancing requirements to the greatest extent feasible, including maintaining a distance of six feet from everyone outside your household or living unit, frequently washing hands with soap and water for at least 20 seconds or using an effective hand sanitizer, covering coughs and sneezes, and avoiding all social interaction outside the household when sick with a fever or cough. When you use ride-share services for essential travel, keep in mind that you should avoid as much as possible being in close quarters in a vehicle that has been used by lots of other people. Can | use a bike from a bike-share service? 148 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 48/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara Yes, you can use shared bikes and scooters for essential travel, such as commuting to work as an essential employee. But keep in mind that shared bikes and scooters are not routinely sanitized. Take precautions, including bringing sanitization wipes, not touching your face while on the bike or scooter, and washing your hands for at least 20 seconds immediately after. Am | allowed to commute into or out of the County for work or daily activities? Yes, but only to perform essential activities or essential government functions, operate an essential business, or perform minimum basic operations at a non-essential business, as those terms are defined in the Order. You can also leave to go back home or engage in other essential travel. Otherwise, the answer is no because that puts you and others in the community at risk. Keep in mind that Health Officers in neighboring counties have issued the same or similar shelter-in-place orders. If I’m outside the county travelling forvacation or business, am | allowed to come home? Yes, the Order allows you to come home. I’m staying overnight in County but live elsewhere. Can | go home? Yes, you can leave the County to retu rn home. | rent out a room using an online platform (like Airbnb or VRBO) that facilitates short-term rentals. Can | continue renting out my room? The Order allows you to continue offering your room for rent. However, be advised that the Order strictly limits people’s travel and activities to "essential travel" and "essential activities," as those terms are defined in the Order. People are not allowed, for instance, to travel into the County to visit friends or sightsee. They are also not allowed to move into a new residence unlegaphey need to https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 49/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara because the move was already planned, because they need to access shelter or avoid a sanitation issue with their home, or to avoid exposing others to COVID-19. The Order prohibits non-essential travel on foot or bike- can | still go on a walk or take a bike ride? Yes. The Order allows you to go outside for exercise activities like walking and running, as long as you strictly follow social distancing requirements including maintaining a distance of six feet from everyone outside your household, frequently washing hands with soap and water for at least 20 seconds or using an effective hand sanitizer, covering coughs and sneezes, and avoiding all social interaction outside the household when sick with a fever or cough. | get anxious when I’m cooped up inside. Am | allowed to go on a hike? Can | go to a County park or open space? Yes. Spending time outside improves mood and well- being, and is particularly beneficial to children. You can go for walks, go to the park, and enjoy other outdoor activities. But operators of parks, beaches, and other open spaces may restrict entry, close certain areas, or close the whole facility altogether if the Health Officer orders those measures to reduce crowding and limit risk of COVID-19 exposure. While you’re on a hike or enjoying an open space area, you must strictly follow social distancing requirements including maintaining a distance of six feet from everyone outside your household or living unit, frequently washing hands with soap and water for at least 20 seconds or using an effective hand sanitizer, covering coughs and sneezes, and avoiding all social interaction outside the household when sick with a fever or cough. Can | leave home to work out? Ifyou will be outdoors and not in close contact with other people or using equipment that other peopllgbutside your https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 50/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara household have touched, yes. Otherwise, no. Fitness centers, gyms, recreational centers, fitness equipment at pa rks, climbing walls, golf courses, tennis courts, basketball courts, swimming pools, and other shared sports facilities are closed. Can ltake my kids to the playground? No. Recreational areas with equipment that lots of people touch or areas where people gather close together, like playgrounds, picnic areas, and dog parks, must be closed and you cannot use them while the Order is in effect. You can take your kids to the park or other areas to run around in open spaces, or bring your own sports equipment to an open space as long as it is used only by members of your own household and not shared with other people. Back to Top A Public Health OrderArchive o Order to Continue Sheltering in Place - 03-31-2020 Labs Ordered to Share Test Results - 03-24-2020 Order to Shelter In Place - 03-16-2020 Order Imposing Moratorium on Mass Gatherings - 03- 13-2020 Order to Cancel Mass Gatherings - 03-09-2020 Ask a question or share a concern 0 Please let us know if you don't see the answer to your question. Last updated: 4/5/2020 10:05 AM Report a problem with this page 151 https://www.sccgov.org/sites/phd/Disease|nformation/novel-coronaviruslPages/public-health-orders.aspx 51/52 4/6/2020 Public Health Orders - Public Health Department - County of Santa Clara All Content Copyright © 2020 , County of Santa Clara, CA 152 https://www.sccgov.org/sites/phd/Disease|nformation/noveI-coronavirus/Pages/public-health-orders.aspx 52/52