Posted originally on The Conservative Tree House on December 28, 2020 by Sundance
A slight shift in this COVID compliance and resistance example. The California state regulatory authorities raid a beauty salon citing COVID compliance demands; however, the local authorities refuse to cooperate with the state intent.
Pomp Hair Salon in Stockton California was raided by state officials who cited the salon for continuing operations [media story here]. The subsequent misdemeanor citation comes from the state. However, local law enforcement and county prosecution say they will not participate in the enforcement mechanism.
This creates an unusual dynamic as the state has threatened to revoke licenses for the salon and the workers; but what “enforcement” action could the state undertake?
The issues highlighted here cover more than hair salons. Restaurants and bars are facing similar threats from regulatory agencies: Dept of Health, Bureau of Alcohol, etc. It is the regulatory issue that keeps many business owners in fear of defying COVID lock-downs.
If local officials break from state regulatory and compliance demands, there’s no precedent for what enforcement action a state might attempt to take unilaterally.
Would ideologically prone state governors attempt to send State Police to enforce their unilateral fiats and face a showdown with local law enforcement?
It is into this dynamic when everyone should remember the County Sheriff is the highest constitutional officer in the region. A county sheriff can nullify any outside law enforcement agency by simply not complying. This is a well known issue inside law enforcement.
This takes the blue state (totalitarianism) -vs- red state (freedom/liberty) issue into a more granular distinction. Within the Blue States there are likely to be contests of power between local and state officials. It is an interesting dynamic.
Meanwhile… Thanks to Governor Ron DeSantis, Florida is leading the way in allowing local jurisdictions and individual businesses to make up their own mind about what COVID mitigation efforts best suit their constituents and customers. This approach puts the accountability on the local officials who are closest to the voices of those who live there.
Until now we have noted blue state citizens fleeing the totalitarian states for red state places where freedom is more pronounced. However, with this internal regulatory issue highlighted, there may be regional moves within a state where citizens migrate in-state to areas where they are able to live with greater liberty.
The local -vs- state enforcement activity is an interesting dynamic to keep watching.
SAN JOAQUIN COUNTY, Calif. (KTXL) — A Stockton hair salon that was the focus of an enforcement visit for COVID-19 restrictions by the Department of Consumer Affairs will not be facing any charges from the county.
The San Joaquin County District Attorney said they, “as well as local law enforcement”, had no involvement in the incident.