Has it come to this - small business vs. liberals - this crap needs to stop in the USA.
This is the letter that Gavin Louis, owner of Metrolflex Oceanside, just sent our Chief of Police, Mayor and City Attorney
Re: OPPOSITION TO OPD INTENT TO ENFORCE PUBLIC HEALTH ORDER
May 9, 2020
Dear Gentlemen,
As I write this letter, I am confused, disappointed and extremely upset. There is complete chaos as everyone tries to figure out how to respond to the various vague and ambiguous modifications to already vague and ambiguous public health orders. In the meantime, my business and survival hang in the balance. This is inexcusable. I opened on Friday after the focus was changed from “essential” and “non essential” to “high risk” and “low risk”. Because my business is undeniably a “low risk” business, I opened on Friday subject to the operating guidelines set forth by the state and county.
Today, I received a letter from councilmember Rodriguez advising all businesses to open subject to social distancing guidelines and indicating that the Chief of Police favored a policy of educating rather than issuing citations. Hours later, I received an email from Mayor Weiss indicating that Councilmember Rodriguez was not authorized to speak on behalf of the city, but rather offered a “personal opinion” concerning business reopening. The Mayor’s letter did not address any of the abundant uncertainties of the current “orders”, but merely referred to the state and county orders. Making matters even more muddled, I received a call from OPD moments ago advising that it was Captain Marchand’s opinion that Gyms were not permitted and on that basis would be issued citations if open.
This situation is absolutely unacceptable and unconscionable. My only purpose for opening is to survive and to keep my family and staff off of welfare. For this effort, I am rewarded with absolute chaos from city leaders and threats from OPD of criminal sanctions? I have worked my tail off and sacrificed blood, sweat and tears for this gym. I have dedicated my life to improving the health and fitness of my members. To be treated this way turns my stomach.
Please know that I WILL be opening my gym tomorrow morning (May 10, 2020) at 8:00 A.M. I will be doing so in accordance with the guidelines issued by the state and county public health officials. My business is undeniably a “low risk” business. To date, not a single case of COVID 19 in the United States is known to have come from a gym or workout facility. Furthermore, the CDC has confirmed that the COVID 19 virus is NOT transmitted by means of sweat or perspiration. There is absolutely no scientific basis for deeming a gym a “high risk” business. Accordingly, I am entitled to open my business at this time, subject to strict enforcement of the applicable public health orders concerning re-opening of businesses.
The various orders that Captain Marchand has threatened to enforce by issuing citations are undeniably void for vagueness. The manifest confusion displayed by absolutely all parties involved is ample evidence that the orders are beyond vague and therefore unenforceable. As you know, a statute or order may be so vague or so threatening to constitutionally protected activity that it can be pronounced wholly unconstitutional. The Supreme Court held in Papachristou v. City of Jacksonville 405 U 156 (1972) that a statute criminalizing loitering was unconstitutional because of the following:
1. It failed to give proper notice
2. Did not require specific intent to violate the ordinance
3. The ordinance encouraged and permitted arbitrary enforcement
4. It criminalized activities that by modern standards are normally innocent
ALL of the aforementioned defects in the Papachristou case are present here. We have had several officers who
have come by in the past two days and have indicated that as long as we comply with social distancing, we are fine. Now, Captain Marchand has indicated that he is going to direct his officers to issue citations. That is a perfect example of arbitrary enforcement. These vague ordinances are curtailing business activities that are obviously innocent and permitted.
Aside from the obvious “void for vagueness” defects of the current orders, it is absolutely immoral for any law enforcement agency to criminalize the actions of a business owner who is merely trying to survive and who is, as I am , complying with ALL re-opening guidelines. I implore you to watch this short youtube video of Riverside County Sheriff Chad Bianco addressing the board of supervisors at
In refusing to issue citations to those who are working, the Sheriff rationalizes that it is absurd to release thousands of convicted criminals from the jails because of COVID 19 so that he can them criminalize the actions of law abiding business owners that are merely trying to survive and to support their families. How did we get to the point where Sheriff Bianco is a hero for standing up for law abiding members of the community who are only trying to survive?
I am not interested in making a political statement or in becoming a beacon for a cause. I am literally being suffocated by these onerous and vague regulations. I need help. I do not need more threats and chaos. I am not alone. There are hundreds of us in Oceanside that are similarly situated. It seems that we have a couple of choices at this point. You can issue threats and use OPD and its good members to finish me off while I am trying to survive. This option will certainly invite a mountain of litigation from business owners that suffer from such a policy. Or, we can all work together and cooperate to make sure that the public health is given the highest priority. I will do my part to make certain that reopening guidelines are strictly followed in my gym.
Gentlemen, I have given my life for this business. I am literally on my last breath. Please, stop threatening me and help me.
Sincerely,
LOUIS G. URIDEL
