Re-Open San Diego Small Business Coalition
We are a group of Small Business Owners, Employers, Managers, Staff Members and our Families who collectively make up the backbone of the San Diego Regional Economy. We have joined forces & are joining voices, standing in unison to address issues of critical concern for the well-being of ALL the peoples & communities of the San Diego region, regardless of our respective political affiliations or perspectives. Collectively we stand on the side of Science & Safety. Our numbers include democrats, republicans, libertarians, hippies, liberals, conservatives, and more. But we stand united in our support of the safety & health of our communities, our staff, and our guests & clients – physical, mental AND fiscal health.
The Governor of the State of California has issued Executive Orders which unduly & unfairly impact specific business sectors without any significant data or other accepted standards which justify the ‘arbitrary and capricious’ application of such requirements. As the owners and operators of restaurants, gyms & personal care service businesses, we conscientiously object to these orders on the grounds that they are unconstitutional.
The “pick & choose” elements of the State Executive Orders cause a direct and significant harm to those industries singled out, with no basis in science or other acceptable means of assessment & application.* These factors represent a violation of the constitutional rights of business owners, employers and their staff, as well as the rights of the citizenry who wish to utilize the goods & services of the impacted businesses and industries.
We have been and remain committed to following all reasonable & affective protocols to mitigate the dangers of COVID-19 to our employees, guests, customers, and community members and fellow residents, while remaining open and serving these communities.
We pledge that:
• Employees will wear face coverings
• Employees will have their temperature checked at the outset of their shifts
• Businesses shall obtain the names of all guests over the age of 18, and at least one phone number
• Employees will wash their hands regularly during their shifts and sanitize their hands often
• Public areas of the business will be cleaned & sanitized frequently, not less than hourly
• Employees and employers will discourage crowding and assure all appropriate social distancing while working
• Businesses will engage in enhanced physical cleaning & sanitizing as needed and will take every measure to isolate any COVID-19 infected or potentially infected team member(s).
We demand that County & State government immediately remove unconstitutional restrictions placed on our businesses through the COVID-19 CA Executive Orders. Additionally, we hold State & County Governments accountable for significant breach(es) of contract(s) and all of the associated costs & damages as relates to the permitting & processes related to the issuance of permits & authorization of our respective business(es) to exist and function.
*If the application of executive orders were truly applied with “safety-first,” EVERY open business [Walmart, Home Depot, Costco, Amazon, etc.] would be held to a much higher standard – – – they would be held to AT LEAST the standards that we in the restaurant, gym & salon industries have used for decades. These standards have been significantly intensified in the face of COVID-19: Constantly monitored & enforced mask-wearing; socially distanced spacing; sanitation of ALL surfaces, products, door handles, seating – everything touched even once is sanitized before touched by another customer; CONTACT TRACING sign-ins for ALL; and a restriction for access to and sale of ONLY those products deemed truly essential for living. Without the application of these standards across the board, millions of people continue to be exposed in higher risk situations, negating any potential “risk mitigation” achieved by our closures.
Note, that, while we do not begrudge our retail business colleagues the opportunity to sell their goods and services in order to make a living, we do take umbrage with any and all suggestions that retail shopping environments, managed at much lower sanitation & safety standards are A.) More essential than gathering for meals with loved ones, receiving personal care service, or exercising; and B.) Present safer, lower risk environments than those environments in restaurants, personal care salons & gyms. Additionally, recent data & evidence indicate that the favored big box businesses are a significant source of risk & transmission. At the same time, the evidence shows that our targeted businesses – restaurants, salons & gyms – have been found to be of little or no risk as a source for exposure or transmission. These facts strongly support our claims of constitutional violations.
The damage to our collective & individual fiscal health has far reaching impacts, causing even greater damage to the physical, mental, emotional & spiritual health of our citizenry. Arguably these secondary impacts may out stripe the potential risks of COVID-19. At a time when depression, anxiety, addiction, domestic violence, and other negative impacts to the full spectrum of the various elements of our health are skyrocketing, the proven & known benefits of our restaurants, gyms and other small businesses are critical components to offering some semblance of overall hope & wellness to all San Diego residents.
More particularly, the use of restaurants, personal care services & gyms by customers are known and proven to contribute significantly to social, mental & physical well-being. In our neighborhoods & communities, these gathering places offer safe-havens with well-managed sanitation & safety protocols at a time when, alternatively, desperation is resulting in unsafe behaviors by individuals at home because of a lack of options, causing serious COVID outbreak clusters. The shut-down of and restrictions on our businesses are contrary to public interests & have a direct negative impact on public health.
Therefore, as a Coalition, we are moving forward with 2 specific actions:
- We will be crafting and circulating a PETITION to be sent to the Governor of California and the San Diego County Board of Supervisors demanding a reframing of the COVID-19 TIER restrictions to fairly, equitably and rationally allow indoor service for our businesses. It is our goal to demonstrate through the acquisition of as many signatures as we may collectively secure that the positions discussed in our representative statement have the significant support of the citizenry, and support from a large cross-section of constituencies.
- We will be working closely with the California Constitutional Rights Foundation ( CCRF – our legal representatives) to file a Federal Law Suit against the State of California, California’s Governor, and San Diego County Board of Supervisors, because of the unconstitutionality of the application of Restrictions prohibiting on site service for Restaurants, Personal Care Salons, & Gym industries, as well as utilizing other applicable matters of law, including but not limited to the breach of contract by State & County governments as relates to requirements and permitting for our respective businesses.
As part of our legal actions, we will establish, contribute to, and solicit donations for a “Legal Defense Fund.” While it is acknowledged that the CCRF will provide pro-bono attorneys’ services for these legal actions, affiliated costs, such as copies, filing fees, para-legal & other staff work, expert witnesses, and more, will add significant costs to this endeavor.
As stated early in this document, our numbers are multi-partisan – or more correctly NON-PARTISAN in the face of these issues. While individual Coalition Members may hold any varied numbers of beliefs, no individual statement, opinion or perspective made by any individual Coalition Member shall be deemed as representing the statements, opinions, or perspectives of the Coalition. All Coalition Members agree to the exclusive and inclusive statements cited here as the complete representation of this Coalition’s positions.
We welcome ANY and ALL small businesses and San Diego County citizens, from ANY business sector, any political affiliation, and/or any belief system who agrees with and is willing to adhere to these statements, and the expressed non-partisan group principles, to join in our efforts as a member of this Coalition.
For questions, to join us, or to receive a complete list of Coalition Members, please contact: Nica Knite – Email: email@example.com 619-722-0099