latimes--2020-06-28--As coronavirus raged through nursing homes, inspectors found nothing wrong

In early April , state inspectors completed a survey of Magnolia Rehabilitation and Nursing Center in Riverside as part of a federal effort to make sure nursing homes were protecting elderly residents from the coronavirus .
The next day , April 8 , a fleet of ambulances lined up outside Magnolia to evacuate all 83 residents after the staff refused to show up for work , terrified of the deadly infection already spreading within the facility .
Similar scenarios played out across California this spring , survey records show .
Time and again , inspectors sent to assess nursing homes @ @ @ @ @ @ @ found no deficiencies at facilities that were in the midst of deadly outbreaks or about to endure one .
At Hollywood Premier Healthcare in Los Angeles , inspectors found the facility to be in compliance on March 30 .
Three days later , the home had 68 confirmed cases , county records show .
Later that month , the National Guard was deployed to assist the overwhelmed facility .
State officials conducted five surveys this spring at Kingston Healthcare Center in Bakersfield , which is on a federal shortlist of the worst nursing @ @ @ @ @ @ @ , the surveyors found the home in compliance with infection control protocols , even as the virus would eventually spread to 158 residents and staff , killing 21 .
A Times review of inspection records found that , as of mid-June , California Department of Public Health inspectors had carried out more than 1,700 “ COVID Focused Surveys ” at skilled nursing facilities since late March and had issued just 14 infection control citations as a result of those visits .
Nursing homes have become hotbeds of coronavirus deaths in California , accounting @ @ @ @ @ @ @ the state .
The failure of the inspections to identify problems is just the latest indication of how the industry and regulators were unprepared for the coronavirus and failed to act quickly to slow its spread .
Nursing homes lacked basic supplies when COVID-19 began sweeping through the facilities .
And even after the tragic scope of the crisis became obvious , regulators failed to require universal testing of residents and staff .
A California health department spokeswoman said inspectors were instructed to focus on providing support to the beleaguered facilities rather than @ @ @ @ @ @ @ she said , many homes struggling with the pandemic were still technically in compliance with infection control rules for skilled nursing facilities , but those rules were woefully inadequate for battling the highly contagious new virus .
Relatives of residents at several homes told The Times that they witnessed obvious failures by staff members to contain the virus .
And elder-care advocates said the lack of enforcement shows that state regulators abdicated their primary responsibility to police nursing homes at a critical moment .
“ These weren ’ t real inspections ; they @ @ @ @ @ @ @ At a time when residents desperately needed the California Department of Public Health to help protect their lives , it tolerated infection control violations that have proven so deadly , ” said Patricia L. McGinnis , executive director of California Advocates for Nursing Home Reform .
“ Why even have nursing home inspectors if they are not going to enforce life-threatening infection control violations in the midst of a pandemic ?
” McGinnis asked .
Like most states , California ’ s nursing home population has suffered a heavy toll due to the @ @ @ @ @ @ @ employees and residents of the state ’ s skilled nursing facilities had died of COVID-19 , state data show .
That does not include staff and elderly residents at assisted living centers , which are not regulated by the health department and have also been hard hit .
The COVID Focused Surveys were designed by the federal Centers for Medicare & Medicaid Services but carried out by state and local health departments .
Inspectors were instructed to put almost everything else aside and concentrate on ensuring that the homes were prepared to face @ @ @ @ @ @ @ prevent the virus from entering facilities , if possible .
When not , regulators hoped to contain it with rigorous adherence to testing , quarantining , use of protective gear and hand-washing .
“ Focusing only on enforcement in the rapidly changing environment of the early pandemic response would not have been beneficial to the vulnerable nursing home residents we work every day to serve , ” Kate Folmar , a spokeswoman for California Health and Human Services , said in a statement .
“ We needed to find solutions to save as @ @ @ @ @ @ @ to limit the spread of COVID-19 among this very vulnerable population.
” In an announcement earlier this month , federal CMS administrators said more than 5,700 COVID Focused Surveys — roughly a quarter of them in California — were completed nationwide .
They described the program as “ part of the Trump Administration ’ s historic transparency efforts to ensure residents , families and the general public have information about COVID-19 in nursing homes.
” But the Center for Medicare Advocacy , a nonprofit patient activist group in Washington , D.C. , noted @ @ @ @ @ @ @ less than 3 % — had cited any problems with infection control .
With tens of thousands of nursing home residents and staff already dead from the virus , “ it is simply not plausible that facilities have no problems in their infection prevention and control practices , ” said Toby Edelman , the center ’ s senior policy attorney .
In a call with reporters on June 4 , President Trump ’ s CMS administrator , Seema Verma , essentially blamed nursing home employees for outbreaks at homes that had been given @ @ @ @ @ @ @ that some stopped following infection control protocols once inspectors were gone .
“ When the inspector leaves the nursing home , things can change , ” Verma said .
“ There ’ s some staff that may not be washing their hands at the frequency that we suggest , or in the situations that we suggest .
There could be some lax practices around isolating patients.
” The California health department spokeswoman defended her agency ’ s April 7 inspection of Magnolia Rehabilitation , saying it confirmed the facility had “ infection protocols @ @ @ @ @ @ @ dramatically fell , the situation at Magnolia rapidly changed , ” Folmar said in her statement , referring to the work stoppage the day after .
But some staff had refused to show up for work on the day the inspectors were in the facility , and Riverside County health officials were already aware of at least two Magnolia employees testing positive in the days leading up to the inspection .
When the staff abandoned the facility the day after the inspection was completed , Riverside County health officials scrambled to evacuate all @ @ @ @ @ @ @ shocked to hear that inspectors had found no problems with infection control measures at Magnolia , where his 85-year-old dad , Bernie , resided for about two weeks before the mass evacuation .
“ What kind of deficiencies were they looking for ?
” Erwig asked .
“ This nursing home was a joke.
” Magnolia ’ s administrators did not respond to calls for comment .
Erwig ’ s father had been transferred from a local hospital to Magnolia in late March for rehab .
At that point , Erwig and his @ @ @ @ @ @ @ at the home .
Soon after , his dad ’ s doctor stopped entering the facility , informing the family that employees were not wearing masks or other protective equipment .
“ He was concerned about the conditions , ” Erwig said .
The family only learned about the evacuations through the news .
When they arrived at Magnolia to search for Bernie Erwig , he was nowhere to be found , sparking a long , agonizing search .
They didn ’ t find out where he was until midnight .
“ This @ @ @ @ @ @ @ ’ t cattle , where you just rush them out and put them wherever you want and not even call us , ” Dan Erwig said .
Two days later , he learned his father had tested positive for COVID .
He has since recovered .
The COVID survey at Hollywood Premier was completed on March 30 , according to the state report .
Los Angeles County health department records show that by April 2 , the home had already reported confirmed cases among 43 residents and 25 staff — making it all @ @ @ @ @ @ @ swing during the state inspection .
A lawsuit filed last month by the family of a resident who died of COVID-19 alleges there was a serious outbreak at the facility by mid-March after an administrator contracted the disease and failed to test residents and staff .
“ This is another example of a facility where we know there was a very bad COVID outbreak and yet the state survey gave them a pass , ” said Anne Marie Murphy , a lawyer representing the family of Army veteran Vince Martin , who filed @ @ @ @ @ @ @ Hollywood Premier was among a handful of homes hit so hard by COVID-19 that the National Guard had to be deployed to fill in for missing , sick employees .
Administrators at Hollywood Premier did not respond to requests for comment .
In other cases , inspectors found no infection control deficiencies at facilities with long histories of quality issues , including citations for failing to follow infection control protocols .
Last year , state inspectors found 85 violations at Kingston Healthcare Center in Bakersfield , including failure to provide proper care for @ @ @ @ @ @ @ blackened toes .
In 2018 , inspectors found a resident ’ s oxygen filter clogged with thick brown debris .
Nevertheless , on April 13 a pair of nurses representing the state health department concluded Kingston had “ implemented recommended practices to prepare for COVID-19.
” Ten days later , families were posting on Facebook about emerging cases .
As the outbreak flourished in the weeks that followed , state health inspectors performed four more surveys .
Each time , they concluded the home was following infection control protocols and found no deficiencies @ @ @ @ @ @ @ Rockport Healthcare Services , which oversees Kingston , wrote in an email that “ the infection control survey confirmed that Kingston was doing everything ... to prevent COVID-19 from entering and spreading at the facility.
” She added that staff at the home had “ been in constant communication with state and county officials , who have visited on several occasions and continue to find that Kingston is in full compliance with best infection control practices.
” Terrie Flores ’ 95-year-old mother lived at Kingston for more than five years .
But in @ @ @ @ @ @ @ ’ t wearing masks and gloves .
In May , after several days had passed with no results from her mother ’ s COVID-19 test , Flores called an ambulance to transfer her out of the home .
She tested positive and suffered pneumonia , but has since recovered .
Now Flores says she and relatives of other residents are considering their legal options .
“ We want them closed down .
We want them knocked down , ” Flores said .
“ Who ’ s the person that is signing off that @ @ @ @ @ @ @ off that Kingston was OK ?
” Angelica Uriarte ’ s grandfather , Gonzalo Moya , lived in Kingston for 19 years before contracting COVID-19 in April .
He died of it last month .
Uriarte said she has no faith that the home followed infection control protocols .
“ I ’ m furious .
I ’ m angry , I ’ m disappointed , I ’ m hurt , ” she said .
“ How did it get this bad ?
”

Residents of Magnolia Rehabilitation and Nursing Center are evacuated in April after staff refused to show for work amid a COVID-19 outbreak. A day earlier, state health inspectors found no problems at the facility in Riverside.
In early April, state inspectors completed a survey of Magnolia Rehabilitation and Nursing Center in Riverside as part of a federal effort to make sure nursing homes were protecting elderly residents from the coronavirus.
Their one-page report concluded: “No deficiencies.”
The next day, April 8, a fleet of ambulances lined up outside Magnolia to evacuate all 83 residents after the staff refused to show up for work, terrified of the deadly infection already spreading within the facility.
Similar scenarios played out across California this spring, survey records show. Time and again, inspectors sent to assess nursing homes’ ability to contain the new virus found no deficiencies at facilities that were in the midst of deadly outbreaks or about to endure one.
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At Hollywood Premier Healthcare in Los Angeles, inspectors found the facility to be in compliance on March 30. Three days later, the home had 68 confirmed cases, county records show. Later that month, the National Guard was deployed to assist the overwhelmed facility.
State officials conducted five surveys this spring at Kingston Healthcare Center in Bakersfield, which is on a federal shortlist of the worst nursing homes in the country. Each time, the surveyors found the home in compliance with infection control protocols, even as the virus would eventually spread to 158 residents and staff, killing 21.
A Times review of inspection records found that, as of mid-June, California Department of Public Health inspectors had carried out more than 1,700 “COVID Focused Surveys” at skilled nursing facilities since late March and had issued just 14 infection control citations as a result of those visits.
Nursing homes have become hotbeds of coronavirus deaths in California, accounting for 43% of all fatalities across the state. The failure of the inspections to identify problems is just the latest indication of how the industry and regulators were unprepared for the coronavirus and failed to act quickly to slow its spread. Nursing homes lacked basic supplies when COVID-19 began sweeping through the facilities. And even after the tragic scope of the crisis became obvious, regulators failed to require universal testing of residents and staff.
A California health department spokeswoman said inspectors were instructed to focus on providing support to the beleaguered facilities rather than enforcement. At the same time, she said, many homes struggling with the pandemic were still technically in compliance with infection control rules for skilled nursing facilities, but those rules were woefully inadequate for battling the highly contagious new virus.
Relatives of residents at several homes told The Times that they witnessed obvious failures by staff members to contain the virus. And elder-care advocates said the lack of enforcement shows that state regulators abdicated their primary responsibility to police nursing homes at a critical moment.
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“These weren’t real inspections; they were more like courtesy call visits. At a time when residents desperately needed the California Department of Public Health to help protect their lives, it tolerated infection control violations that have proven so deadly,” said Patricia L. McGinnis, executive director of California Advocates for Nursing Home Reform.
“Why even have nursing home inspectors if they are not going to enforce life-threatening infection control violations in the midst of a pandemic?” McGinnis asked.
California Rising infections in younger people fuel California’s new coronavirus spike The alarming recent surge in COVID-19 cases appears to be driven at least in part by increases in infections among Californians ages 18 to 49.
Like most states, California’s nursing home population has suffered a heavy toll due to the pandemic. As of Tuesday, 2,441 employees and residents of the state’s skilled nursing facilities had died of COVID-19, state data show. That does not include staff and elderly residents at assisted living centers, which are not regulated by the health department and have also been hard hit.
The COVID Focused Surveys were designed by the federal Centers for Medicare & Medicaid Services but carried out by state and local health departments.
Inspectors were instructed to put almost everything else aside and concentrate on ensuring that the homes were prepared to face the pandemic. The goal was to prevent the virus from entering facilities, if possible. When not, regulators hoped to contain it with rigorous adherence to testing, quarantining, use of protective gear and hand-washing.
“Focusing only on enforcement in the rapidly changing environment of the early pandemic response would not have been beneficial to the vulnerable nursing home residents we work every day to serve,” Kate Folmar, a spokeswoman for California Health and Human Services, said in a statement. “We needed to find solutions to save as many lives as we could, and to limit the spread of COVID-19 among this very vulnerable population.”
In an announcement earlier this month, federal CMS administrators said more than 5,700 COVID Focused Surveys — roughly a quarter of them in California — were completed nationwide. They described the program as “part of the Trump Administration’s historic transparency efforts to ensure residents, families and the general public have information about COVID-19 in nursing homes.”
But the Center for Medicare Advocacy, a nonprofit patient activist group in Washington, D.C., noted that only 163 of the surveys — less than 3% — had cited any problems with infection control.
With tens of thousands of nursing home residents and staff already dead from the virus, “it is simply not plausible that facilities have no problems in their infection prevention and control practices,” said Toby Edelman, the center’s senior policy attorney.
In a call with reporters on June 4, President Trump’s CMS administrator, Seema Verma, essentially blamed nursing home employees for outbreaks at homes that had been given a clean bill of health, suggesting that some stopped following infection control protocols once inspectors were gone.
“When the inspector leaves the nursing home, things can change,” Verma said. “There’s some staff that may not be washing their hands at the frequency that we suggest, or in the situations that we suggest. There could be some lax practices around isolating patients.”
The California health department spokeswoman defended her agency’s April 7 inspection of Magnolia Rehabilitation, saying it confirmed the facility had “infection protocols in place.”
“When staffing levels dramatically fell, the situation at Magnolia rapidly changed,” Folmar said in her statement, referring to the work stoppage the day after.
But some staff had refused to show up for work on the day the inspectors were in the facility, and Riverside County health officials were already aware of at least two Magnolia employees testing positive in the days leading up to the inspection.
When the staff abandoned the facility the day after the inspection was completed, Riverside County health officials scrambled to evacuate all of the residents.
Dan Erwig was shocked to hear that inspectors had found no problems with infection control measures at Magnolia, where his 85-year-old dad, Bernie, resided for about two weeks before the mass evacuation.
“What kind of deficiencies were they looking for?” Erwig asked. “This nursing home was a joke.”
Magnolia’s administrators did not respond to calls for comment.
Erwig’s father had been transferred from a local hospital to Magnolia in late March for rehab. At that point, Erwig and his family were unaware of any COVID-19 cases at the home. Soon after, his dad’s doctor stopped entering the facility, informing the family that employees were not wearing masks or other protective equipment.
“He was concerned about the conditions,” Erwig said.
The family only learned about the evacuations through the news. When they arrived at Magnolia to search for Bernie Erwig, he was nowhere to be found, sparking a long, agonizing search. They didn’t find out where he was until midnight.
“This is a human being. This ain’t cattle, where you just rush them out and put them wherever you want and not even call us,” Dan Erwig said.
Two days later, he learned his father had tested positive for COVID. He has since recovered.
“It was a living nightmare,” Erwig said.
Debbie Erwig sits with her husband, Bernie, 85, at their home. He was evacuated with other residents of Magnolia Rehabilitation and Nursing Center amid a COVID-19 outbreak. (Gina Ferazzi / Los Angeles Times)
The COVID survey at Hollywood Premier was completed on March 30, according to the state report. Los Angeles County health department records show that by April 2, the home had already reported confirmed cases among 43 residents and 25 staff — making it all but certain the outbreak was in full swing during the state inspection.
A lawsuit filed last month by the family of a resident who died of COVID-19 alleges there was a serious outbreak at the facility by mid-March after an administrator contracted the disease and failed to test residents and staff.
“This is another example of a facility where we know there was a very bad COVID outbreak and yet the state survey gave them a pass,” said Anne Marie Murphy, a lawyer representing the family of Army veteran Vince Martin, who filed the suit.
By late April, Hollywood Premier was among a handful of homes hit so hard by COVID-19 that the National Guard had to be deployed to fill in for missing, sick employees.
Administrators at Hollywood Premier did not respond to requests for comment.
In other cases, inspectors found no infection control deficiencies at facilities with long histories of quality issues, including citations for failing to follow infection control protocols.
Last year, state inspectors found 85 violations at Kingston Healthcare Center in Bakersfield, including failure to provide proper care for residents with rotten teeth and swollen, blackened toes. In 2018, inspectors found a resident’s oxygen filter clogged with thick brown debris.
Nevertheless, on April 13 a pair of nurses representing the state health department concluded Kingston had “implemented recommended practices to prepare for COVID-19.”
Ten days later, families were posting on Facebook about emerging cases.
As the outbreak flourished in the weeks that followed, state health inspectors performed four more surveys. Each time, they concluded the home was following infection control protocols and found no deficiencies.
Kristen Morris, a representative of Rockport Healthcare Services, which oversees Kingston, wrote in an email that “the infection control survey confirmed that Kingston was doing everything ... to prevent COVID-19 from entering and spreading at the facility.”
She added that staff at the home had “been in constant communication with state and county officials, who have visited on several occasions and continue to find that Kingston is in full compliance with best infection control practices.”
Terrie Flores’ 95-year-old mother lived at Kingston for more than five years. But in March, she noticed that staff weren’t wearing masks and gloves. In May, after several days had passed with no results from her mother’s COVID-19 test, Flores called an ambulance to transfer her out of the home. She tested positive and suffered pneumonia, but has since recovered.
Now Flores says she and relatives of other residents are considering their legal options.
“We want them closed down. We want them knocked down,” Flores said. “Who’s the person that is signing off that they were in compliance? Who signed off that Kingston was OK?”
Angelica Uriarte’s grandfather, Gonzalo Moya, lived in Kingston for 19 years before contracting COVID-19 in April. He died of it last month.
Uriarte said she has no faith that the home followed infection control protocols.
“I’m furious. I’m angry, I’m disappointed, I’m hurt,” she said. “How did it get this bad?”


latimes--2020-06-27--Strong winds and low humidity will bring critical wildfire danger to much of the West

Red flag fire warnings are in effect for large portions of the West on Sunday and Monday , the National Weather Service said .
Strong winds and low relative humidity will cause a high risk that any fires that develop will spread rapidly .
Parts of the Sacramento Valley are under red flag warnings from 2 p.m. Sunday through 8 p.m. Monday .
Southeastern California , as well as most of the neighboring states of Nevada and Arizona , are also posted .
Strong west-to-southwest winds are expected to peak on the Sierra slopes Sunday afternoon and evening , and @ @ @ @ @ @ @ in northwest Arizona on Monday .
Although the most recent U.S. Drought Monitor showed little change this week in much of the West , fuels are dry , and drought conditions remain widespread .
Drought is acute in parts of Northern California , the Great Basin and the Four Corners region .
Gusty winds and low humidity were forecast for the Great Basin and the Four Corners region in advance of a cold front .
The cold front is associated with an unusually strong upper-level low-pressure system dropping southward over the western U.S @ @ @ @ @ @ @ Sierra and Owens Valley may need to be upgraded on Sunday to high-wind warnings , the National Weather Service said .
Wind gusts could exceed 60 mph in those areas .
As the trough moves into the Great Basin , the San Francisco Bay Area is expecting to see winds pick up on Sunday .
Gradients will swing around to offshore and strengthen , with dry , gusty conditions overnight in the North Bay hills and mountains , including parts of Napa and Sonoma counties .
A strong Delta breeze with gusts to @ @ @ @ @ @ @ Strait on Saturday night before northerly winds develop Sunday and Monday , leading to the elevated fire concerns in the Sacramento Valley .
In southwestern California , strong southwesterly winds are expected in the interior sections Sunday , especially in the mountains and the Antelope Valley .

Widespread red flag fire warnings are in effect this weekend in the West.
Red flag fire warnings are in effect for large portions of the West on Sunday and Monday, the National Weather Service said.
Strong winds and low relative humidity will cause a high risk that any fires that develop will spread rapidly.
Parts of the Sacramento Valley are under red flag warnings from 2 p.m. Sunday through 8 p.m. Monday. Southeastern California, as well as most of the neighboring states of Nevada and Arizona, are also posted. Strong west-to-southwest winds are expected to peak on the Sierra slopes Sunday afternoon and evening, and to weaken but remain near critical levels in northwest Arizona on Monday.
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Although the most recent U.S. Drought Monitor showed little change this week in much of the West, fuels are dry, and drought conditions remain widespread.
U.S. Drought Monitor data released Thursday. (Paul Duginski / Los Angeles Times)
Drought is acute in parts of Northern California, the Great Basin and the Four Corners region.
Gusty winds and low humidity were forecast for the Great Basin and the Four Corners region in advance of a cold front. The cold front is associated with an unusually strong upper-level low-pressure system dropping southward over the western U.S.
Widespread wind advisories in the eastern Sierra and Owens Valley may need to be upgraded on Sunday to high-wind warnings, the National Weather Service said. Wind gusts could exceed 60 mph in those areas.
As the trough moves into the Great Basin, the San Francisco Bay Area is expecting to see winds pick up on Sunday. Gradients will swing around to offshore and strengthen, with dry, gusty conditions overnight in the North Bay hills and mountains, including parts of Napa and Sonoma counties.
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A strong Delta breeze with gusts to 45 mph was expected through the Carquinez Strait on Saturday night before northerly winds develop Sunday and Monday, leading to the elevated fire concerns in the Sacramento Valley.
In southwestern California, strong southwesterly winds are expected in the interior sections Sunday, especially in the mountains and the Antelope Valley.


latimes--2020-06-27--Imperial County and state officials meet to work on plan to halt spread of coronavirus

Local and state officials met Saturday in El Centro to hash out a plan to deal with a high number of COVID-19 cases and hospitalizations that have at times overwhelmed the healthcare system in Imperial County .
The meeting , which included attendees from local hospitals , involved listening sessions and several breakout meetings , but no concrete decisions have been announced , said Linsey Dale , a county spokeswoman .
“ There will be more details as solutions develop in the coming days , ” she said .
El Centro Mayor Efrain Silva said the goal of the meeting @ @ @ @ @ @ @ plan to drive down Imperial County ’ s high positivity rate and increase its hospital capacity .
State officials didn ’ t say much during the meeting , Silva said , but focused on taking notes , which they intended to relay back to others in Sacramento .
“ They made a commitment that they ’ ll provide the resources the Imperial Valley needs , ” Silva said , noting that some of the topics they addressed included hospital capacity , the need for faster testing turnaround and the hiring of more contact @ @ @ @ @ @ @ after Gov .
Gavin Newsom announced that he was urging Imperial County to reimpose stricter stay-at-home orders amid a per-capita case rate and positivity rate that both rank as the state ’ s highest .
The county has averaged 1,173 new cases per 100,000 residents over the past two weeks , as well as a test positivity rate of 23 % .
Over the last five weeks , more than 500 patients have been transferred to other counties to relieve pressure on the rural county ’ s hospitals .
Still , it remained @ @ @ @ @ @ @ would be directed to close as a result of the governor ’ s recommendation .
The county ’ s Board of Supervisors elected to take no immediate action during an emergency meeting Friday night to discuss Newsom ’ s announcement .
Instead , officials said , they are urging residents to adhere to the stay-at-home rules that are in place .
“ At this point , there is no decision to make any change yet , ” Supervisor Luis Plancarte said at a news conference that followed the meeting .
“ I think @ @ @ @ @ @ @ be working with representatives from the governor ’ s office and seeing what the best path going forward will be.
” Some locals , including Calexico resident Luis Flores , are frustrated with the Board of Supervisors ’ timeline and want to see stricter stay-at-home orders reinstated immediately .
“ It ’ s a drastic step , but we ’ re experiencing a chart-topping crisis , ” said Flores , who is part of a group of community advocates who have joined together during the pandemic to raise awareness about underlying health inequities @ @ @ @ @ @ @ for stricter stay-at-home restrictions , he said it ’ s critical that they be coupled with other policy decisions that make it possible for people to stay home and stay healthy .
Those steps , he said , must include expanding a moratorium on evictions and adding more Spanish-speaking contact tracers .
Imperial County ’ s health officer first issued a stay-at-home order in March .
The county is currently in Stage 2 of relaxing that order , most recently amending it May 26 to permit in-store shopping and the resumption of religious @ @ @ @ @ @ @ .
The county is one of only a few in California that has not obtained a variance to move more quickly through Stage 2 into Stage 3 of rolling back restrictions , despite a push by local business associations and the county Board of Supervisors for the state to give county authorities control over the timetable .
Even after the governor ’ s announcement , local officials appeared reluctant to backtrack on the county ’ s limited reopening , saying that its geography might mean that ’ s not the best way to @ @ @ @ @ @ @ Imperial County is bordered by Arizona to the east , Riverside County to the north , San Diego to the west and Mexico to the south .
“ We are surrounded by communities that are in a different opening stage than us and therefore able to provide services that are not available here , ” Silva said .
“ So I think that we ’ re fooling ourselves if we think that if we shut down further that our citizens are not going to travel very short distances in every direction and be @ @ @ @ @ @ @ ” Other complicating factors include a large number of U.S. citizens living in Mexico who cross the border each day to work and to seek healthcare , which has at times put a strain on the county ’ s hospitals and forced them to divert patients , Silva said .
That ’ s not only because of a lack of beds but because the hospitals lack the equipment and expertise to deal with certain severe cases of COVID-19 , he said .
For that reason , local officials plan to ask the state @ @ @ @ @ @ @ medical station so it ’ s able to treat COVID-19 patients with severe symptoms , Silva said .
The medical station , which is at Imperial Valley College , currently has 80 beds to care for patients whose cases are not acute , according to the state .
Local officials are also considering asking the state for help creating a public information campaign aimed at getting more people to wear face coverings and observe social distancing , Silva said .
“ As we have heard from experts , the solution is actually not @ @ @ @ @ @ @ adhere to the recommendations — the face masks and the distancing and the sanitation suggestions — this would be much better , ” he said .
“ But even here locally we see resistance to some of those preventive measures .
”

Local and state officials met Saturday in El Centro to hash out a plan to deal with a high number of COVID-19 cases and hospitalizations that have at times overwhelmed the healthcare system in Imperial County.
The meeting, which included attendees from local hospitals, involved listening sessions and several breakout meetings, but no concrete decisions have been announced, said Linsey Dale, a county spokeswoman.
“There will be more details as solutions develop in the coming days,” she said.
El Centro Mayor Efrain Silva said the goal of the meeting was to come up with a mitigation plan to drive down Imperial County’s high positivity rate and increase its hospital capacity. State officials didn’t say much during the meeting, Silva said, but focused on taking notes, which they intended to relay back to others in Sacramento.
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“They made a commitment that they’ll provide the resources the Imperial Valley needs,” Silva said, noting that some of the topics they addressed included hospital capacity, the need for faster testing turnaround and the hiring of more contact tracers.
The meeting came a day after Gov. Gavin Newsom announced that he was urging Imperial County to reimpose stricter stay-at-home orders amid a per-capita case rate and positivity rate that both rank as the state’s highest. The county has averaged 1,173 new cases per 100,000 residents over the past two weeks, as well as a test positivity rate of 23%. Over the last five weeks, more than 500 patients have been transferred to other counties to relieve pressure on the rural county’s hospitals.
Still, it remained undecided whether additional businesses in Imperial County would be directed to close as a result of the governor’s recommendation.
The county’s Board of Supervisors elected to take no immediate action during an emergency meeting Friday night to discuss Newsom’s announcement. Instead, officials said, they are urging residents to adhere to the stay-at-home rules that are in place.
“At this point, there is no decision to make any change yet,” Supervisor Luis Plancarte said at a news conference that followed the meeting. “I think over the next few days we will be working with representatives from the governor’s office and seeing what the best path going forward will be.”
Some locals, including Calexico resident Luis Flores, are frustrated with the Board of Supervisors’ timeline and want to see stricter stay-at-home orders reinstated immediately.
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“It’s a drastic step, but we’re experiencing a chart-topping crisis,” said Flores, who is part of a group of community advocates who have joined together during the pandemic to raise awareness about underlying health inequities in the region.
While Flores advocates for stricter stay-at-home restrictions, he said it’s critical that they be coupled with other policy decisions that make it possible for people to stay home and stay healthy. Those steps, he said, must include expanding a moratorium on evictions and adding more Spanish-speaking contact tracers.
Imperial County’s health officer first issued a stay-at-home order in March. The county is currently in Stage 2 of relaxing that order, most recently amending it May 26 to permit in-store shopping and the resumption of religious services, provided certain precautions are taken. The county is one of only a few in California that has not obtained a variance to move more quickly through Stage 2 into Stage 3 of rolling back restrictions, despite a push by local business associations and the county Board of Supervisors for the state to give county authorities control over the timetable.
Even after the governor’s announcement, local officials appeared reluctant to backtrack on the county’s limited reopening, saying that its geography might mean that’s not the best way to mitigate the virus’ spread there. Imperial County is bordered by Arizona to the east, Riverside County to the north, San Diego to the west and Mexico to the south.
“We are surrounded by communities that are in a different opening stage than us and therefore able to provide services that are not available here,” Silva said. “So I think that we’re fooling ourselves if we think that if we shut down further that our citizens are not going to travel very short distances in every direction and be able to still look for those services.”
Other complicating factors include a large number of U.S. citizens living in Mexico who cross the border each day to work and to seek healthcare, which has at times put a strain on the county’s hospitals and forced them to divert patients, Silva said. That’s not only because of a lack of beds but because the hospitals lack the equipment and expertise to deal with certain severe cases of COVID-19, he said.
For that reason, local officials plan to ask the state to increase the capacity of a field medical station so it’s able to treat COVID-19 patients with severe symptoms, Silva said. The medical station, which is at Imperial Valley College, currently has 80 beds to care for patients whose cases are not acute, according to the state.
Local officials are also considering asking the state for help creating a public information campaign aimed at getting more people to wear face coverings and observe social distancing, Silva said.
“As we have heard from experts, the solution is actually not that complicated in that if we all adhere to the recommendations — the face masks and the distancing and the sanitation suggestions — this would be much better,” he said. “But even here locally we see resistance to some of those preventive measures.”


latimes--2020-06-28--Activists gather at memorial for Andres Guardado to demand sheriff release autopsy report

A coalition of community activists gathered Sunday at a street memorial in Gardena for Andres Guardado , who was fatally shot June 18 by an L.A. County sheriff ’ s deputy , and called on Sheriff Alex Villanueva to release the autopsy report of the 18-year-old .
“ Villanueva has to be held accountable , ” Najee Ali of Project Islamic Hope said in a phone interview .
“ He is saying the investigation will be transparent , but he had blocked release of the autopsy .
It is important not just for the family , but the whole city @ @ @ @ @ @ @ Angeles County Sheriff ’ s Department put a “ security hold ” on the Guardado case Monday , saying that “ investigators wish to maintain the integrity of the investigation , and premature release of information could jeopardize the case.
” Activists believe the autopsy will provide crucial information about the killing of Guardado , who was speaking with someone in a car outside an auto body shop where he worked as a security guard when deputies arrived .
According to the Sheriff ’ s Department , deputies from the Compton station pulled @ @ @ @ @ @ @ .
Authorities said that Guardado “ produced a handgun ” and that two deputies chased him on foot .
When the deputies caught up , one of them opened fire on Guardado , officials said .
He was pronounced dead at the scene .
Villanueva and investigators have not said what prompted the shooting and have released few details about the confrontation .
Family members and activists have expressed skepticism about the Sheriff ’ s Department ’ s version of events .
Four days after the shooting , the L.A. County Board of @ @ @ @ @ @ @ the shooting .
Speaking to more than two dozen people near the site where Guardado was killed , Ali also called upon Compton Mayor Aja Brown to rescind the city ’ s contract with the Sheriff ’ s Department and to bring back the Compton Police Department , which was disbanded in 2000 .
“ Twenty years ago , the Compton sheriff ’ s station came into Compton , ” Ali said , “ and we want to draw attention to the historically murderous relationship between the … Sheriff ’ s Department and @ @ @ @ @ @ @ the Coalition for Community Control Over the Police , also spoke at the sidewalk memorial .
“ We are in accordance with demands that the mayor and the City Council of Compton take responsibility for the sheriff ’ s [ deputies ] dispatched out of their station , ” he said beforehand .
“ This is not a new demand.
” The shooting of Guardado came a little more than two weeks after video was released showing two deputies kneeling on top of a struggling man while a third deputy strikes the man @ @ @ @ @ @ @ man was identified as Dalvin Price , who was arrested on suspicion of looting and assault with a deadly weapon .
Reacting to Price ’ s arrest — with tactics reminiscent of those that led to the death of George Floyd — Brown asked for an investigation into the incident , and Villanueva has called on the Board of Supervisors to “ fully fund the [ Sheriff ’ s Department ’ s ] body-worn camera project.
” The gathering at the Guardado memorial took place as a community car wash was being held @ @ @ @ @ @ @ Last week , more than 100 protesters took to the streets and marched on the Compton sheriff ’ s station , where they were met with a dozen deputies in riot gear .
Organizers decided Sunday not to march on the sheriff ’ s station but instead support the car wash. “ We don ’ t want any disturbance , ” said Noe Abarca , Guardado ’ s uncle , at the car wash. “ We are tired of police using the force on young people , ” he added .

A photo of 18-year-old Andres Guardado is held by his 22-year-old sister, Jennifer, during a rally last week in Gardena. He was fatally shot June 18 by a sheriff’s deputy.
A coalition of community activists gathered Sunday at a street memorial in Gardena for Andres Guardado, who was fatally shot June 18 by an L.A. County sheriff’s deputy, and called on Sheriff Alex Villanueva to release the autopsy report of the 18-year-old.
“Villanueva has to be held accountable,” Najee Ali of Project Islamic Hope said in a phone interview. “He is saying the investigation will be transparent, but he had blocked release of the autopsy. It is important not just for the family, but the whole city is watching this case.”
The Los Angeles County Sheriff’s Department put a “security hold” on the Guardado case Monday, saying that “investigators wish to maintain the integrity of the investigation, and premature release of information could jeopardize the case.”
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Activists believe the autopsy will provide crucial information about the killing of Guardado, who was speaking with someone in a car outside an auto body shop where he worked as a security guard when deputies arrived.
According to the Sheriff’s Department, deputies from the Compton station pulled up to the scene about 6 p.m. Authorities said that Guardado “produced a handgun” and that two deputies chased him on foot. When the deputies caught up, one of them opened fire on Guardado, officials said.
He was pronounced dead at the scene.
Villanueva and investigators have not said what prompted the shooting and have released few details about the confrontation.
Family members and activists have expressed skepticism about the Sheriff’s Department’s version of events. Four days after the shooting, the L.A. County Board of Supervisors called for an independent investigation into the shooting.
Speaking to more than two dozen people near the site where Guardado was killed, Ali also called upon Compton Mayor Aja Brown to rescind the city’s contract with the Sheriff’s Department and to bring back the Compton Police Department, which was disbanded in 2000.
“Twenty years ago, the Compton sheriff’s station came into Compton,” Ali said, “and we want to draw attention to the historically murderous relationship between the … Sheriff’s Department and our community.”
Cliff Smith, representing the Coalition for Community Control Over the Police, also spoke at the sidewalk memorial. “We are in accordance with demands that the mayor and the City Council of Compton take responsibility for the sheriff’s [deputies] dispatched out of their station,” he said beforehand. “This is not a new demand.”
The shooting of Guardado came a little more than two weeks after video was released showing two deputies kneeling on top of a struggling man while a third deputy strikes the man five times with his knee.
The man was identified as Dalvin Price, who was arrested on suspicion of looting and assault with a deadly weapon.
Reacting to Price’s arrest — with tactics reminiscent of those that led to the death of George Floyd — Brown asked for an investigation into the incident, and Villanueva has called on the Board of Supervisors to “fully fund the [Sheriff’s Department’s] body-worn camera project.”
The gathering at the Guardado memorial took place as a community car wash was being held to raise money for the family. Last week, more than 100 protesters took to the streets and marched on the Compton sheriff’s station, where they were met with a dozen deputies in riot gear.
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Organizers decided Sunday not to march on the sheriff’s station but instead support the car wash.
“We don’t want any disturbance,” said Noe Abarca, Guardado’s uncle, at the car wash.
“We are tired of police using the force on young people,” he added.


latimes--2020-06-28--Coronavirus cases continue to climb in L.A. County as bars are ordered to close

Los Angeles County public health officials on Sunday reported 2,542 more cases of COVID-19 and 20 related deaths .
It was the county ’ s second-highest daily total of new cases since the pandemic began .
L.A. County has recorded a total of nearly 98,000 cases and more than 3,300 deaths , health officials said .
The rise came as Gov .
Gavin Newsom ordered all bars in L.A. County , along with six other counties , to shut back down immediately in a bid to control the coronavirus ’ increasing spread .
L.A. County planned to amend its health @ @ @ @ @ @ @ that all bars , breweries , brewpubs , pubs , wineries and tasting rooms close unless they offer sit-down , dine-in meals , the county Department of Public Health said in a news release .
Bar areas in restaurants will also be closed , officials said .
On top of the counties that were ordered to shut bars , eight others have been asked by state officials to issue local health orders closing bars , including Riverside , San Bernardino , Ventura and Santa Barbara .
“ COVID-19 is still circulating in California @ @ @ @ @ @ @ state , growing stronger , ” Newsom said in a written statement .
“ That ’ s why it is critical we take this step to limit the spread of the virus in the counties that are seeing the biggest increases.
” Though officials initially attributed L.A. County ’ s rising case numbers to more tests being performed , they now say the data can ’ t be explained by increased testing alone .
The timing of the sharp increase is in line with the reopening of certain sectors of the economy , @ @ @ @ @ @ @ remove face coverings to drink and socialize with others who aren ’ t in their households , the Department of Public Health said Sunday .
“ As we started reopening more businesses , we cautioned that we may need to change course to protect public health from this deadly virus , ” L.A. Mayor Eric Garcetti wrote in a tweet supporting Newsom ’ s order .
Infections are also increasingly being identified in younger people , with 41 % of cases now among those ages 18 to 40 , according to the Department @ @ @ @ @ @ @ that age group are at lower risk for serious illness and death , they can unknowingly infect friends or family members who are older or have underlying health conditions , officials said .
“ While it ’ s disappointing to take a step back on our economic recovery journey , it ’ s critical that we protect the health of our residents and protect the capacity in our healthcare system , ” Barbara Ferrer , the county health director , said in a statement .
She implored residents and businesses to follow public @ @ @ @ @ @ @ in public and keeping six feet away from others .
“ Otherwise , we are quickly moving toward overwhelming our healthcare system and seeing even more devastating illness and death , ” she said .
L.A. County ’ s rising numbers aren ’ t limited to daily new cases .
Two other metrics that experts say are key in gauging the county ’ s progress in fighting the virus — hospitalizations and the percentage of people testing positive — also reflected increases that officials described as concerning .
A total of 1,717 confirmed @ @ @ @ @ @ @ , compared with daily hospitalizations that had ranged from 1,350 to 1,450 in recent weeks .
The county ’ s latest three-day average of daily hospitalizations represented an increase of 14 % , according to its dashboard that tracks reopening metrics .
Meanwhile , the overall percentage of L.A. County residents testing positive for the virus since the start of the pandemic , which had been holding at 8 % since May , rose to 9 % Friday .
The seven-day average percentage of people testing positive each day increased from 5.8 % @ @ @ @ @ @ @ .
The increases mean that L.A. County is failing two more measures set by the state for counties to maintain a variance that allows them to relax stay-at-home rules more quickly .
The state flags a county for elevated disease transmission if its seven-day average of people testing positive for the virus rises above 8 % .
A county also is flagged if the average number of confirmed COVID-19 patients in its hospitals increases more than 10 % over three days .
Furthermore , L.A. County has reported a rate of 231 new @ @ @ @ @ @ @ 14 days , far higher than the state ’ s threshold of 25 new cases per 100,000 residents .
Neighboring counties have also seen a rise in new cases and hospitalizations .
San Bernardino County officials said Friday that local hospitals were beginning to reach “ surge capacity ” because of new COVID-19 cases , meaning they were getting close to hitting their licensed limits on available beds .
Riverside and Ventura counties also reported increases in COVID-19 hospitalizations , believed to be related to a variety of factors , including a rise @ @ @ @ @ @ @ facilities , officials said .
Orange County reported its highest one-day total of new cases Saturday , with 502 .
On Sunday , the county reported an additional 146 cases and three deaths , bringing its total to 12,608 cases and 326 deaths .
The county also reported a new high for hospitalizations Sunday , with 492 COVID-19 patients , 170 of them in intensive care .
The latest three-day average of daily hospitalized patients released by the county represented an increase of nearly 16 % .
The percentage of people testing positive @ @ @ @ @ @ @ upward , increasing from 6.3 % on June 19 to 9.2 % on Sunday , according to data released by the county .
Orange County has not yet been flagged by the state for its rise in disease transmission or hospitalizations .
The state has flagged a total of 15 counties : Contra Costa , Fresno , Imperial , Kern , Kings , Los Angeles , Riverside , Sacramento , San Bernardino , San Joaquin , Santa Barbara , Santa Clara , Stanislaus , Tulare and Ventura .

Helmi Nousiainen, right, with mother Bella Nousiainen at the Santa Monica Pier, which reopened Thursday.
Los Angeles County public health officials on Sunday reported 2,542 more cases of COVID-19 and 20 related deaths. It was the county’s second-highest daily total of new cases since the pandemic began.
L.A. County has recorded a total of nearly 98,000 cases and more than 3,300 deaths, health officials said.
The rise came as Gov. Gavin Newsom ordered all bars in L.A. County, along with six other counties, to shut back down immediately in a bid to control the coronavirus’ increasing spread.
L.A. County planned to amend its health officer’s order Sunday to require that all bars, breweries, brewpubs, pubs, wineries and tasting rooms close unless they offer sit-down, dine-in meals, the county Department of Public Health said in a news release. Bar areas in restaurants will also be closed, officials said.
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On top of the counties that were ordered to shut bars, eight others have been asked by state officials to issue local health orders closing bars, including Riverside, San Bernardino, Ventura and Santa Barbara.
“COVID-19 is still circulating in California and, in some parts of the state, growing stronger,” Newsom said in a written statement. “That’s why it is critical we take this step to limit the spread of the virus in the counties that are seeing the biggest increases.”
Though officials initially attributed L.A. County’s rising case numbers to more tests being performed, they now say the data can’t be explained by increased testing alone.
The timing of the sharp increase is in line with the reopening of certain sectors of the economy, including bars, where people tend to remove face coverings to drink and socialize with others who aren’t in their households, the Department of Public Health said Sunday.
“As we started reopening more businesses, we cautioned that we may need to change course to protect public health from this deadly virus,” L.A. Mayor Eric Garcetti wrote in a tweet supporting Newsom’s order.
Infections are also increasingly being identified in younger people, with 41% of cases now among those ages 18 to 40, according to the Department of Public Health. While people in that age group are at lower risk for serious illness and death, they can unknowingly infect friends or family members who are older or have underlying health conditions, officials said.
“While it’s disappointing to take a step back on our economic recovery journey, it’s critical that we protect the health of our residents and protect the capacity in our healthcare system,” Barbara Ferrer, the county health director, said in a statement.
Advertisement
She implored residents and businesses to follow public health directives, including wearing face coverings in public and keeping six feet away from others.
“Otherwise, we are quickly moving toward overwhelming our healthcare system and seeing even more devastating illness and death,” she said.
L.A. County’s rising numbers aren’t limited to daily new cases. Two other metrics that experts say are key in gauging the county’s progress in fighting the virus — hospitalizations and the percentage of people testing positive — also reflected increases that officials described as concerning.
A total of 1,717 confirmed COVID-19 patients were in county hospitals Sunday, compared with daily hospitalizations that had ranged from 1,350 to 1,450 in recent weeks. The county’s latest three-day average of daily hospitalizations represented an increase of 14%, according to its dashboard that tracks reopening metrics.
Meanwhile, the overall percentage of L.A. County residents testing positive for the virus since the start of the pandemic, which had been holding at 8% since May, rose to 9% Friday. The seven-day average percentage of people testing positive each day increased from 5.8% two weeks ago to 8.7% Sunday.
The increases mean that L.A. County is failing two more measures set by the state for counties to maintain a variance that allows them to relax stay-at-home rules more quickly.
The state flags a county for elevated disease transmission if its seven-day average of people testing positive for the virus rises above 8%. A county also is flagged if the average number of confirmed COVID-19 patients in its hospitals increases more than 10% over three days.
Furthermore, L.A. County has reported a rate of 231 new cases per 100,000 residents over the last 14 days, far higher than the state’s threshold of 25 new cases per 100,000 residents.
Neighboring counties have also seen a rise in new cases and hospitalizations.
San Bernardino County officials said Friday that local hospitals were beginning to reach “surge capacity” because of new COVID-19 cases, meaning they were getting close to hitting their licensed limits on available beds.
Riverside and Ventura counties also reported increases in COVID-19 hospitalizations, believed to be related to a variety of factors, including a rise in gatherings and outbreaks at skilled nursing facilities, officials said.
Orange County reported its highest one-day total of new cases Saturday, with 502. On Sunday, the county reported an additional 146 cases and three deaths, bringing its total to 12,608 cases and 326 deaths.
The county also reported a new high for hospitalizations Sunday, with 492 COVID-19 patients, 170 of them in intensive care. The latest three-day average of daily hospitalized patients released by the county represented an increase of nearly 16%.
The percentage of people testing positive for the virus each day also ticked upward, increasing from 6.3% on June 19 to 9.2% on Sunday, according to data released by the county.
Orange County has not yet been flagged by the state for its rise in disease transmission or hospitalizations. The state has flagged a total of 15 counties: Contra Costa, Fresno, Imperial, Kern, Kings, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Barbara, Santa Clara, Stanislaus, Tulare and Ventura.


latimes--2020-06-28--Chief federal judge in L.A. steps down over racially insensitive comments about Black court official

The chief judge for the Central District of California , the nation ’ s largest federal court jurisdiction , which includes Los Angeles and its neighboring counties , has stepped down from that post , citing his racially insensitive comments regarding the court ’ s top administrative official , a Black woman .
U.S. District Judge Cormac J. Carney , who began a four-year term as chief district judge June 1 , announced his decision to step down from the top post but remain a judge in an email Friday to court staff and fellow judges , and offered a @ @ @ @ @ @ @ A federal court employee for 35 years , Gray in 2015 became the first Black woman appointed to be the Central District ’ s executive and clerk of court , a job that entails working closely with the chief judge to oversee court operations .
“ I have apologized to Ms. Gray , but I have concluded that a simple apology will not put this matter to rest .
There will be division in the Court , unnecessary , negative and hurtful publicity , and a diversion from the Court ’ s essential @ @ @ @ @ @ @ to continue serving as the Chief District Judge , ” Carney wrote in the email , which The Times reviewed .
“ I can not allow the Court to become politicized and embroiled in controversy.
” Carney did not respond to an email seeking further comment .
He will remain a federal judge , but he said in his email that Judge Philip S. Gutierrez would take over the duties of chief district judge .
In his email , Carney , a former Orange County Superior Court judge who was appointed in 2003 @ @ @ @ @ @ @ bench by George W. Bush , summarized the remarks and the critical reaction that culminated in his resignation as chief district judge .
The controversy erupted around the time of a June 9 webinar sponsored by the local chapter of the Federal Bar Assn .
During the webinar , Carney gave an overview of his vision for his time as chief judge and discussed the protests and vandalism in several cities across the nation following the killing of George Floyd by a Minneapolis police officer .
“ It ’ s been sad , @ @ @ @ @ @ @ with graffiti , ” Carney said in the webinar .
When Carney began discussing his adjusting to the role of chief district judge , his comments turned to Gray .
“ Fortunately for me , we have just a fabulous clerk of the court in Kiry Gray .
She ’ s so street-smart and really knows her job , ” Carney said .
Several who heard the “ street-smart ” comment or learned of the remarks afterward interpreted the compliment as having a derogatory and racially insensitive layer , and Carney acknowledged that @ @ @ @ @ @ @ upset .
The judge sought to explain himself : “ To me , the term means a person of great common sense , initiative , and ability to work with people and get things done .
It saddened me greatly to learn that some people view the term to be demeaning to people of color .
I never knew that there was a different definition of the term.
” Carney made a second comment to Gray during a later conversation with her .
Carney said that during the conversation , he learned that @ @ @ @ @ @ @ to warrant his stepping down as chief district judge .
“ In a moment of anger and frustration , I said to Ms. Gray that the people criticizing me were equating my well-intended use of the term ‘ street-smart ’ with the reprehensible conduct of a police officer putting his knee on a person ’ s neck , ” Carney said .
Carney did not include the exact quote , but he apologized : “ My statement was wrong .
It was directed at my critics , not Ms. Gray , and I @ @ @ @ @ @ @ disrespect towards people of color .
My statement was an insensitive and graphic overreaction to the criticism that was leveled against me .
I never should have made the comparison.
” The decision by Carney to step down comes amid the COVID-19 pandemic ’ s unprecedented disruptions to courts , forcing courthouses to close or limit access , with a delay in trials and a growing backlog in cases .
In the Central District of California , several judicial vacancies that have gone unfilled , compounding the workload .
In the June 9 @ @ @ @ @ @ @ of the judicial posts would soon be occupied .
“ I ’ ve never seen the politics so divisive as they are now , ” Carney said .
“ I am cautiously optimistic that we ’ ll have at least three , maybe four judges before the election .
”

U.S. District Judge Cormac J. Carney, shown in 2005, was appointed in 2003 to a lifetime post on the federal bench by George W. Bush. He will step down as chief district judge but remain on the bench.
The chief judge for the Central District of California, the nation’s largest federal court jurisdiction, which includes Los Angeles and its neighboring counties, has stepped down from that post, citing his racially insensitive comments regarding the court’s top administrative official, a Black woman.
U.S. District Judge Cormac J. Carney, who began a four-year term as chief district judge June 1, announced his decision to step down from the top post but remain a judge in an email Friday to court staff and fellow judges, and offered a public apology to Kiry K. Gray.
A federal court employee for 35 years, Gray in 2015 became the first Black woman appointed to be the Central District’s executive and clerk of court, a job that entails working closely with the chief judge to oversee court operations.
“I have apologized to Ms. Gray, but I have concluded that a simple apology will not put this matter to rest. There will be division in the Court, unnecessary, negative and hurtful publicity, and a diversion from the Court’s essential mission of administering justice if I were to continue serving as the Chief District Judge,” Carney wrote in the email, which The Times reviewed. “I cannot allow the Court to become politicized and embroiled in controversy.”
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Reached by phone, Gray declined to comment.
Carney did not respond to an email seeking further comment. He will remain a federal judge, but he said in his email that Judge Philip S. Gutierrez would take over the duties of chief district judge.
In his email, Carney, a former Orange County Superior Court judge who was appointed in 2003 to a lifetime post on the federal bench by George W. Bush, summarized the remarks and the critical reaction that culminated in his resignation as chief district judge.
The controversy erupted around the time of a June 9 webinar sponsored by the local chapter of the Federal Bar Assn.
During the webinar, Carney gave an overview of his vision for his time as chief judge and discussed the protests and vandalism in several cities across the nation following the killing of George Floyd by a Minneapolis police officer.
“It’s been sad, quite frankly, seeing our courthouses vandalized with graffiti,” Carney said in the webinar.
When Carney began discussing his adjusting to the role of chief district judge, his comments turned to Gray.
“Fortunately for me, we have just a fabulous clerk of the court in Kiry Gray. She’s so street-smart and really knows her job,” Carney said.
Several who heard the “street-smart” comment or learned of the remarks afterward interpreted the compliment as having a derogatory and racially insensitive layer, and Carney acknowledged that judges, court staff and attorneys were upset.
The judge sought to explain himself: “To me, the term means a person of great common sense, initiative, and ability to work with people and get things done. It saddened me greatly to learn that some people view the term to be demeaning to people of color. I never knew that there was a different definition of the term.”
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Carney made a second comment to Gray during a later conversation with her. Carney said that during the conversation, he learned that some found his “street-smart” remark to warrant his stepping down as chief district judge.
“In a moment of anger and frustration, I said to Ms. Gray that the people criticizing me were equating my well-intended use of the term ‘street-smart’ with the reprehensible conduct of a police officer putting his knee on a person’s neck,” Carney said.
Carney did not include the exact quote, but he apologized: “My statement was wrong. It was directed at my critics, not Ms. Gray, and I said it with no ill will or disrespect towards people of color. My statement was an insensitive and graphic overreaction to the criticism that was leveled against me. I never should have made the comparison.”
The decision by Carney to step down comes amid the COVID-19 pandemic’s unprecedented disruptions to courts, forcing courthouses to close or limit access, with a delay in trials and a growing backlog in cases. In the Central District of California, several judicial vacancies have gone unfilled, compounding the workload.
In the June 9 webinar, Carney expressed hope that some of the judicial posts would soon be occupied.
“I’ve never seen the politics so divisive as they are now,” Carney said. “I am cautiously optimistic that we’ll have at least three, maybe four judges before the election.”


latimes--2020-06-28--Newsom orders bars closed in 7 California counties including L.A. due to coronavirus spread

Citing the rapid pace of coronavirus spread in some parts of California , Gov .
Gavin Newsom on Sunday ordered seven counties including Los Angeles immediately to close any bars and nightspots that are open and recommended eight other counties take action on their own to close those businesses .
The decision , a sign of growing concern about new COVID-19 cases , was announced in a statement issued by the governor ’ s state public health director , Dr. Sonia Angell .
Bars in seven counties are immediately affected by the state order : Los Angeles , Fresno , @ @ @ @ @ @ @ Kings and Imperial .
Eight other counties have been asked by state officials to issue local health orders closing bars : Contra Costa , Santa Clara , Sacramento , Riverside , San Bernardino , Ventura , Santa Barbara and Stanislaus .
“ COVID-19 is still circulating in California , and in some parts of the state , growing stronger , ” Newsom said in a written statement .
“ That ’ s why it is critical we take this step to limit the spread of the virus in the counties that are seeing @ @ @ @ @ @ @ not currently open in four of the counties — Contra Costa , Santa Clara , San Joaquin and Imperial — the action cites local health data that should keep those establishments closed , state officials said .
Los Angeles Mayor Eric Garcetti wrote in a tweet that he supported the governor ’ s order .
“ As we started reopening more businesses , we cautioned that we may need to change course to protect public health from this deadly virus , ” Garcetti wrote .
Los Angeles County public health officials on Sunday @ @ @ @ @ @ @ the county ’ s second-highest daily total of new cases since the pandemic began .
The list of counties affected by Sunday ’ s order was based on daily reports on the spread of the virus , state officials said .
Counties that have been on the state ’ s watch list for three to 14 days are being asked to close bars .
Those counties being ordered to close the local businesses have been on the state ’ s watch list for more than 14 days .
“ We are actively monitoring @ @ @ @ @ @ @ with counties where there are increased rates and concerning patterns of transmission , ” Angell said in a written statement .
“ Closing bars in these counties is one of a number of targeted actions counties are implementing across our state to slow the virus ’ spread and reduce risk.
” The decision was based , according to state public health officials , on data related to COVID-19 cases , hospitalization rates and what they describe as concerning patterns of transmission in those counties .
State health guidelines for reopening bars were issued @ @ @ @ @ @ @ to reopen as early as June 18 .
Sunday ’ s action , however , shows that some of the counties meeting the original standard have reported worsening conditions as the days went on .
Businesses impacted by the close-down action include any bar , brewery or pub that sells alcoholic drinks without also selling food at the same time .
Those that do sell food will be subject either to the stricter dine-in rules or asked to focus on takeout service .
Bars , state health officials said , often operate with @ @ @ @ @ @ @ to drink and where loud music may force customers to raise their voices — potentially spreading more airborne particles .
Contact tracing , needed to determine who an infected person has been around , is harder when it comes to these establishments given the constant mixing of customers .
Sunset Beer in L.A. ’ s Echo Park just reopened its bottle shop on Friday to a limited number of customers .
Its owners did not immediately open the bar , where patrons can lounge and sip craft brews for a corkage fee , @ @ @ @ @ @ @ hoped to work their “ way to that point carefully and safely.
” After Newsom announced his order on Sunday , Sunset Beer informed customers that the business would again cease in-person shopping and revert back to a web-based ordering and pickup system .
“ Everybody has been so pleasant and understanding that it ’ s hard to believe that we are all still under quite a bit of stress due to all of this … “ the Instagram post said .
“ We remain optimistic for the future - it may be @ @ @ @ @ @ @ get back to normal but we hope everyone will work together and look out for each other so that we can get there SOON.
” The decision by Newsom stands in contrast to recent decisions to leave more of the decision-making authority to local officials .
The governor has said it is possible additional sectors of the state may need to scale back on openings , but has been hesitant to make those decisions in Sacramento .
Earlier this month , the governor ordered all Californians to wear face masks while in public @ @ @ @ @ @ @ the rising case numbers extends across California , where statewide cases topped 211,000 .
Hospitalizations and infection rates are also rising , and officials cite several likely factors including reopenings , people having private social gatherings , and the recent protests over George Floyd ’ s death while in police custody .
Some officials are cracking down on scofflaw businesses while others are preparing to help overwhelmed hospitals .
On Friday Newsom said he was recommending that Imperial County reinstitute stricter stay-at-home orders , after it continued to report the highest per-capita case @ @ @ @ @ @ @ , as well as the highest rate of positive tests .
The county Board of Supervisors took no immediate action to direct businesses to shut down , but local officials met with a state delegation Saturday to decide how to proceed .
In San Bernardino County , officials said that many hospitals are getting closer to reaching “ surge capacity ” and that they are making plans to open alternate care sites for patients if hospitals fill up .
In San Diego County , the health department Friday ordered an Escondido restaurant to @ @ @ @ @ @ @ imposed to prevent coronavirus outbreaks .
And Belmont Park , an amusement park in Mission Bay , was closed Friday afternoon by officials who said it was operating rides in violation of state guidelines .
The shutdown came on the same day that county officials announced the Another day of big increases in Los Angeles County coronavirus cases and hospitalizations prompted health officials Saturday to warn that Los Angeles County is entering a “ critical moment ” and that some of the easing of stay-at-home orders is in jeopardy unless the trend changes @ @ @ @ @ @ @ find it in us to follow these mandates , including wearing face coverings and distancing when around others , we jeopardize our ability to move forward on the recovery journey , ” Barbara Ferrer , the county health director , said Saturday in a statement .
“ Our collective responsibility is to take immediate action , as individuals and businesses , to reverse the trends we are experiencing .
”

Patrons drink at an outside patio Sunday at the Down & Out sports bar in downtown L.A. Businesses like the Down & Out that serve food in addition to alcohol can remain open under stricter dine-in restaurant rules or asked to focus on takeout and patio service.
Citing the rapid pace of coronavirus spread in some parts of California, Gov. Gavin Newsom ordered seven counties including Los Angeles on Sunday to immediately close any bars and nightspots that are open and recommended eight other counties take action on their own to close those businesses.
The order shuts down any bar, brewery or pub that sells alcoholic drinks without serving food at the same time. Those that sell food will either be subject to the stricter dine-in rules or asked to focus on takeout and patio service.
The decision was announced in a statement issued by the governor’s state public health director, Dr. Sonia Angell. Bars in seven counties are immediately affected by the state order: Los Angeles, Fresno, Kern, San Joaquin, Tulare, Kings and Imperial.
Eight other counties have been asked by state officials to issue local health orders closing bars: Contra Costa, Santa Clara, Sacramento, Riverside, San Bernardino, Ventura, Santa Barbara and Stanislaus.
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“COVID-19 is still circulating in California, and in some parts of the state, growing stronger,” Newsom said in a written statement. “That’s why it is critical we take this step to limit the spread of the virus in the counties that are seeing the biggest increases.”
Although bars were not open in four of the counties — Contra Costa, Santa Clara, San Joaquin and Imperial — at the time of the decision, the action cites local health data that those counties should keep the establishments closed, state officials said.
Los Angeles Mayor Eric Garcetti wrote in a tweet that he supported the governor’s order.
As we started reopening more businesses, we cautioned that we may need to change course to protect public health from this deadly virus. I support @CAGovernor’s order to close bars in L.A. County and other counties to limit the spread of COVID-19. https://t.co/Xa2A8mlF3N — MayorOfLA (@MayorOfLA) June 28, 2020
“As we started reopening more businesses, we cautioned that we may need to change course to protect public health from this deadly virus,” Garcetti wrote.
Los Angeles County public health officials reported 2,542 more cases of COVID-19 on Sunday, the county’s second-highest daily total of new cases since the pandemic began.
The list of counties affected by Sunday’s order was based on daily reports on the spread of the virus, state officials said. Counties that have been on the state’s watchlist for three to 14 days are being asked to close bars. Those counties being ordered to close the businesses have been on the state’s watchlist for more than 14 days.
“We are actively monitoring COVID-19 across the state and working closely with counties where there are increased rates and concerning patterns of transmission,” Angell said in a written statement. “Closing bars in these counties is one of a number of targeted actions counties are implementing across our state to slow the virus’ spread and reduce risk.”
Izzy Jimenez and Rebecah Giusti join friends for drinks on the patio at the Down & Out sports bar in downtown Los Angeles. (Robert Gauthier / Los Angeles Times)
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The decision was based, according to state public health officials, on data related to COVID-19 cases, hospitalization rates and what they describe as concerning patterns of transmission in those counties. State health guidelines for reopening bars were issued June 5, with the businesses allowed to reopen as early as June 18.
Sunday’s action, however, shows that some of the counties meeting the original standard have reported worsening conditions as the days went on.
Bars, state health officials said, often operate with larger crowds of people who remove masks more frequently to drink, and loud music may force customers to raise their voices — potentially spreading more airborne particles. Contact tracing, needed to determine whom an infected person has been around, is harder when it comes to these establishments given the constant mixing of customers.
In Covina, Elvie’s Inn was crowded and jumping Sunday night, but staff said the bar would shut down Monday, albeit under protest.
Angie Sharma-Weisberger, whose family owns the bar, said they reopened Elvie’s on the first day they were permitted to, installing plexiglass at the bars and tables and training their staff on protocols to reduce the risk of spread of the virus between themselves and customers.
“They need to rethink this process going forward because COVID will obviously be part of our lives for the rest of the year,” she said. “We can’t keep shutting down businesses at a moment’s notice. This is already a difficult business to begin with.”
Sunset Beer in L.A.’s Echo Park had just reopened its bottle shop Friday to a limited number of customers. Its owners did not immediately open the bar, where patrons can lounge and sip craft brews for a corkage fee, saying in an Instagram post that they had hoped to work their “way to that point carefully and safely.”
After Newsom announced his order Sunday, Sunset Beer informed customers that the business would again cease in-person shopping and revert back to a web-based ordering and pickup system.
“Everybody has been so pleasant and understanding that it’s hard to believe that we are all still under quite a bit of stress due to all of this,” the Instagram post said. “We remain optimistic for the future - it may be awhile before we can get back to normal but we hope everyone will work together and look out for each other so that we can get there SOON.”
Other Echo Park bar owners said they didn’t bother opening during the two-week window the governor allowed. Physical distancing and other rules were unworkable in a bar environment, they said.
Brett Rubin of Bar Henry had anticipated he might be whipsawed again by shifting guidance from the government in what has been a dispiriting time that has left small-business owners to fend for themselves, he said.
“I want to give our local leaders the benefit of the doubt, and they are not getting leadership at the federal level,” said Rubin, who called his councilman, Gil Cedillo, for direction Sunday. “But it feels like we are all grasping at straws. I’m sure many businesses will be gone, whether today or in six months, with the lack of help.”
People walk in downtown Los Angeles on Thursday. (Kent Nishimura / Los Angeles Times)
The decision by Newsom stands in contrast to recent choices to leave more of the decision-making authority to local officials. The governor has said it is possible additional sectors of the state may need to scale back on reopenings, but he has been hesitant to make those decisions in Sacramento.
This month, the governor ordered all Californians to wear face coverings while in public or high-risk settings.
The alarm over the rising case numbers extends across California, where statewide cases topped 215,000 on Sunday. Hospitalizations and infection rates are also rising, and officials cite several likely factors including reopenings, private social gatherings and the recent protests over George Floyd’s killing in Minneapolis police custody.
Some officials are cracking down on scofflaw businesses, while others are preparing to help overwhelmed hospitals.
On Friday, Newsom said he was recommending that Imperial County reinstate stricter stay-at-home orders, after it continued to report the highest per-capita case rate of any county in the state, as well as the highest rate of positive tests.
The Imperial County Board of Supervisors took no immediate action to direct businesses to shut down, but local officials met with a state delegation Saturday to decide how to proceed.
In San Bernardino County, officials said that many hospitals are getting closer to reaching “surge capacity” and that they are making plans to open alternate care sites for patients if hospitals fill up.
In San Diego County, the health department Friday ordered an Escondido restaurant to close immediately, saying its proprietor refused to follow public health directives imposed to prevent coronavirus outbreaks. And Belmont Park, an amusement park in Mission Bay, was closed Friday afternoon by officials who said it was operating rides in violation of state guidelines. The shutdown came on the same day that officials announced San Diego County’s highest number of diagnosed COVID-19 cases in a single day.
Another day of big increases in Los Angeles County coronavirus cases and hospitalizations prompted health officials Saturday to warn that the county is entering a “critical moment” and that some of the easing of stay-at-home orders is in jeopardy unless the trend changes.
“If we can’t find it in us to follow these mandates, including wearing face coverings and distancing when around others, we jeopardize our ability to move forward on the recovery journey,” Barbara Ferrer, the county health director, said Saturday in a statement. “Our collective responsibility is to take immediate action, as individuals and businesses, to reverse the trends we are experiencing.”


latimes--2020-06-28--Suspect identified in fatal shooting at Walmart distribution center in California

Tehama County sheriff ’ s officials on Sunday identified the suspect in a shooting the day before at a Walmart distribution center in Red Bluff that killed one person and injured several others before the man was fatally shot by police .
The suspect , Louis Lane , 31 , of Redding , was a former employee of the distribution center who was fired in February 2019 after he failed to show up for a shift , according to the sheriff ’ s department , which is handling the investigation .
Authorities said they are still investigating a possible motive @ @ @ @ @ @ @ Lane acted alone .
Lane died after engaging Red Bluff police officers in a gun battle in the parking lot , officials said .
The shooting unfolded within six chaotic minutes that began shortly after 3:30 p.m. Saturday at the Walmart distribution center on Highway 99 , the sheriff ’ s department said in a news release .
Lane allegedly circled the parking lot four times in a white SUV and then crashed his vehicle into the lobby of the building .
As the SUV caught fire , he exited holding a semiautomatic @ @ @ @ @ @ @ building , the sheriff ’ s department said .
Hundreds of employees were working inside at the time , Assistant Sheriff Phil Johnston told reporters Saturday night , but most of them were not near the lobby area .
The rifle was outfitted with a high-capacity magazine that ’ s illegal in California , he said .
About four minutes after authorities received reports of shots fired , a police officer arrived on the scene and exchanged gunfire with Lane in the parking lot , officials said .
A second officer arrived moments @ @ @ @ @ @ @ to investigators .
A total of 20 to 30 rounds were exchanged during the shootout among the parked cars , Johnston estimated .
One or both of the officers shot Lane , and by 3:38 p.m. , he was disabled by his injuries , the sheriff ’ s department said .
He was pronounced dead at a hospital .
Sheriff ’ s deputies arrived on scene and found that one Walmart employee had suffered serious injuries .
They rushed him to a local hospital , where he died .
Authorities identified him as @ @ @ @ @ @ @ cause of his death was not immediately released pending an autopsy scheduled for Monday .
Haro-Lozano had been an employee of the company for 12 years , and had family and friends who also worked at the distribution center , Walmart said in a statement .
“ This is a deeply painful moment — not only for the Red Bluff facility but for the entire Walmart family , ” said the statement , which was signed by Chief Executive John Furner and executive vice president of supply chain Greg Smith .
Six other @ @ @ @ @ @ @ ranging from minor to moderate , the sheriff ’ s department said .
At least one person appeared to have been struck by the SUV , and others were injured by gunfire , Johnston said .
At least two people were treated and released , he said .
“ We are incredibly thankful to the associates in the building who acted heroically to prevent the situation from being even worse , ” Furner and Smith said .
“ They risked their lives to help their fellow associates , and we are forever grateful @ @ @ @ @ @ @ been temporarily closed , but employees will be paid and have access to on-site help , the statement said .
The Tehama County Sheriff ’ s Department is overseeing the criminal investigation into the shooting , while the county District Attorney ’ s Office was investigating the officer-involved portion and a California Highway Patrol accident investigation team was investigating the crash .
The state Department of Justice also was on scene helping to process evidence , the sheriff ’ s office said .

Tehama County sheriff’s officials on Sunday identified the suspect in a shooting the day before at a Walmart distribution center in Red Bluff that killed one person and injured several others before the man was fatally shot by police.
The suspect, Louis Lane, 31, of Redding, was a former employee of the distribution center who was fired in February 2019 after he failed to show up for a shift, according to the sheriff’s department, which is handling the investigation. Authorities said they are still investigating a possible motive for the shooting but said they believe Lane acted alone.
Lane died after engaging Red Bluff police officers in a gun battle in the parking lot, officials said.
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The shooting unfolded within six chaotic minutes that began shortly after 3:30 p.m. Saturday at the Walmart distribution center on Highway 99, the sheriff’s department said in a news release.
Lane allegedly circled the parking lot four times in a white SUV and then crashed his vehicle into the lobby of the building. As the SUV caught fire, he exited holding a semiautomatic rifle and began shooting randomly into the building, the sheriff’s department said.
Hundreds of employees were working inside at the time, Assistant Sheriff Phil Johnston told reporters Saturday night, but most of them were not near the lobby area. The rifle was outfitted with a high-capacity magazine that’s illegal in California, he said.
About four minutes after authorities received reports of shots fired, a police officer arrived on the scene and exchanged gunfire with Lane in the parking lot, officials said. A second officer arrived moments later and also engaged Lane, according to investigators. A total of 20 to 30 rounds were exchanged during the shootout among the parked cars, Johnston estimated.
One or both of the officers shot Lane, and by 3:38 p.m., he was disabled by his injuries, the sheriff’s department said. He was pronounced dead at a hospital.
Sheriff’s deputies arrived on scene and found that one Walmart employee had suffered serious injuries. They rushed him to a local hospital, where he died. Authorities identified him as Martin Haro-Lozano, of Orland. The cause of his death was not immediately released pending an autopsy scheduled for Monday.
Haro-Lozano had been an employee of the company for 12 years, and had family and friends who also worked at the distribution center, Walmart said in a statement.
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“This is a deeply painful moment — not only for the Red Bluff facility but for the entire Walmart family,” said the statement, which was signed by Chief Executive John Furner and executive vice president of supply chain Greg Smith.
Six other people were taken to hospitals with injuries ranging from minor to moderate, the sheriff’s department said. At least one person appeared to have been struck by the SUV, and others were injured by gunfire, Johnston said. At least two people were treated and released, he said.
“We are incredibly thankful to the associates in the building who acted heroically to prevent the situation from being even worse,” Furner and Smith said. “They risked their lives to help their fellow associates, and we are forever grateful to them.”
The distribution center has been temporarily closed, but employees will be paid and have access to on-site help, the statement said.
The Tehama County Sheriff’s Department is overseeing the criminal investigation into the shooting, while the county District Attorney’s Office was investigating the officer-involved portion and a California Highway Patrol accident investigation team was investigating the crash.
The state Department of Justice also was on scene helping to process evidence, the sheriff’s office said.