Marin County appeals California decision to push back easing of coronavirus restrictions

Marin County is apparently not moving to further reopening as planned for Tuesday, local public and business leaders said.

Marin public officials had announced Friday its COVID-19 metrics for had improved to the point it was to go from the most-restrictive level of California’s new four-color coronavirus monitoring framework to the second most restrictive — from purple tier 1 to red tier 2. That change would have allowed local retailers and malls to reopen indoors at 50% capacity and 25% capacity for indoor restaurant dining, churches and theaters.

The planned move between tiers had been made in consultation with California Department of Public Health, but the agency notified county officials late Monday that the state reanalyzed its data and applied a new methodology, the county said. The new approach includes a different time frame for calculating a county’s case rate and a new adjustment for counties testing more than the state average, which the department plans to introduce this week.

Marin County Public Health has requested an adjudication process with state officials before a final determination is made.

“We requested a review because if we don’t move forward yet, we want to make sure its for the right reasons,” said Matt Willis, county public health officer.

Willis said smaller counties like Marin that are near the break points of two tiers of the state’s Blueprint for a Safer Economy, announced Aug. 28, are more vulnerable to slight changes in the case measurement process and small outbreaks.

“One cluster of cases in a facility leads to a clear spike in countywide case rates," he said. "These are some of the factors we’ll be discussing with the state.”

One of the county’s top government administrators said the pandemic restrictions are having a negative effect on the emotional and economic well-being of the community.

“This decision is a gut check for residents and businesses,” said Angela Nicholson, assistant county administrator and director of Marin’s Emergency Operations Center.

A final determination of the status regarding Marin’s tier standing is anticipated before the end of the week.

The San Rafael Chamber of Commerce got word of the reopening change in a videoconference with county officials late Monday.

“If you geared up and were planning to open or expand indoors this week, please try and HOLD on that for now until the County can get State approval, anticipated before the end of this week,” the business organization said in a statement. “No enforcement will be performed today. We are trying to get a hold on Tier 2 until we hear from the State.”

From mid-March and the declaration that the state population shelter in place, businesses deemed nonessential have been operating with restrictions. Moves to open up some businesses in mid-July were reversed by a spike in COVID-19 cases.

Under the new state blueprint, as counties meet certain milestones, they are allowed to open more businesses, as long as certain standards are met.