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Fresno City Council dais at Fresno City Hall, October 2020

published on December 11, 2020 - 9:50 AM
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A letter requesting state resources for hospitals impacted by Covid also reiterated the Fresno City Council’s authority in breaking up mass gatherings and illegal events.

The Fresno City Council voted Thursday in support of a resolution sending a letter to Gov. Gavin Newsom asking for more resources for hospitals and reaffirming the right to enforce state rules against private gatherings.

Disagreements on the City of Fresno’s role in enforcing state guidelines regarding private gatherings led to the council voting separately on two main parts of the letter. The first requested support for hospitals with dwindling resources, capacity and staffing and the second articulated the City’s ability and willingness to enforce state guidelines regarding social distancing and shelter in place orders.

The first part of the resolution requesting resources passed 7-0. The second part passed 4-3.

Councilmembers Mike Karbassi, Garry Bredefeld and Paul Caprioglio spoke in support of the first part of the letter, but said they could not vote in favor of language outlining the City’s ability to interfere with what they view as people’s constitutional rights to gather.

Karbassi said the City already has the mandate to enforce state orders and described the language outlining that as being superfluous. Bredefeld said he does not support the enforcement aspect at all.

Caprioglio, sitting at his last council meeting, said that the resolution — originally intended to request resources for hospital — had become a “flashpoint.”

“When it becomes a flashpoint, you lose sight of its purpose,” Caprioglio said.

Councilmember Luis Chavez said that he wrote the letter because people have not been following guidelines.

“Everybody knows they’re not supposed to have concerts, but guess what — they’re having them,” Chavez said.

Chavez said that the hope is to limit gatherings of more than 50 people.

Enforcement would be begin with a warning followed by fines.

Councilmember Nelson Esparza said health care system is past the tipping point.

“We need to stop paying lip service to essential workers and front line workers,” Esparza said.

The letter comes after a special meeting on Tuesday to discuss limiting private gatherings during the holiday season.

In response, interim police chief Andy Hall said that Fresno Police would not use resources to break up private gatherings. Fresno County Sheriff Margaret Mims also said she would not enforce any action following the Governor’s request to limit gatherings.

Fresno County District Attorney Lisa Smittcamp also said there is no basis in law to prosecute such cases.

Fresno City Council President Miguel Arias voiced his concern about Hall’s unwillingness to support the order should it have been passed by the City Council.

“Chief Hall’s statement disturbed me,” Arias said. “He hasn’t been to the hospitals.”

The resolution stated that of the 274 intensive care beds in Fresno, all had been occupied. On Dec. 7, Community Regional Medical Center had 12 ICU patients in the emergency department waiting for beds. It also stated that staffing does not exist to operate overflow beds at the Fresno Convention Center.


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