Outraged by the rapidly growing number of Covid-19 cases in San Quentin State Prison, 14 protesters chained themselves to a driveway gate in front of Gov. Gavin Newsom’s home in suburban Sacramento on Monday, July 28.

Gov. Newsom, who lived in Marin County before his election as governor, has failed to manage the Covid-19 outbreak in the state prison system properly, the organizers of the protest, the California Liberation Collective, argued in a statement to the Associated Press.

By Tuesday, July 28, the California Department of Corrections and Rehabilitation reported 7,704 total Covid-19 cases throughout the state prison system. There are 1,753 active cases and 47 deaths across the system, including 528 active cases and 19 deaths at San Quentin alone.

The group also called on Newsom to stop all coordination with the federal immigration agency, ICE.

“(Newsom) criticizes Trump when convenient, but … turns incarcerated Californians who are eligible for release over to ICE instead of their loved ones,” the group told the Associated Press in a statement.

The Associated Press reported that Highway Patrol officers cut the chained protesters off of the fence as dozens more protesters stood nearby in support. It was not immediately clear how many people were arrested.

Contact Corps

Marin County Public Health and Dominican University announced a new partnership on Tuesday, July 28, which promises to give students important experience helping public officials track—and ultimately restrict—the spread of Covid-19.

During the coming fall semester, the university will offer up to 20 students spots in the one-unit course. Students will complete an online training course and then work with public health officials to track the spread of the virus.

“(Contact tracing) is a century-old public health strategy for communicable disease control,” Dr. Patti Culross, director of the university’s Global Public Health program, said in a statement about the partnership. 

The county is funding the course in the hopes that participants will be able to bolster the number of local contact tracers. Currently, about half of the county’s contact tracers are volunteers, according to a statement from the county.

“Although that inspirational spirit is needed to help limit the virus’ spread and tremendously appreciated during the crisis, it will take more than volunteers to effectively handle the demand in the coming weeks and months,” the county statement says.

“We want to be prepared for the ebbs and flows of volunteers as we move forward in this pandemic,” Deputy Public Health Officer Dr. Lisa Santora said of the program. “And we also know that as the school year starts there will be more social activity and possibly an increased number of cases in our county. Having that workforce development opportunity with the university will have us better prepared as we see the increases in cases, which we do expect to see.”

In Sonoma County outdoor spectator sports are shut down because crowds are vectors for the spread of the deadly Covid-19 virus. But some people and businesses believe themselves to be exceptions to the public health rules made to protect us all.

On Saturday night, the Petaluma Speedway hosted the West Coast Stock Car Hall of Fame Classic, and the Bohemian was on the scene at the fairgrounds, observing. Citing Covid-19 public health order restrictions, the Speedway has closed the main grandstand where generations of fans once cheered the raucous machine circuses. Racing fans can now safely watch the exciting contests online. But some diehards are putting themselves into harm’s way, paying three times the regular ticket price of $16 to physically attend the races by purchasing tickets disguised as “pit passes.” Many of these attendees were not wearing masks, nor keeping safe distances from each other—exhibiting the kind of behavior which is blasting the flames of Covid-19, nationwide.

Speedway managers are trying to skirt the public health ban on crowd spectating by charging fans $45 for viewing the races from a smaller, benched viewing area across from the main grandstand, accessed through the pit area. Trying to cover its potential liabilities for spreading Covid-19, the Speedway requires all who enter to sign a blanket liability waiver in case they are infected with Covid-19 whilst on the premises of the racetrack.

Legal experts opine that these Covid-19 waivers are not worth the paper they are printed on. (Adults are required to sign away a child’s right to sue for negligence). For one thing, the Speedway is not consistently enforcing all of the mandated safety precautions it claims to be abiding by on the Covid-19 protection signage it is compelled by law to display. Rather, the Speedway is putting everyone in Sonoma County and beyond who, during the next two weeks, comes into contact with a fan or driver or official who was infected there at risk of illness and death. Are we all agreed that watching stock cars race is worth dying for? Of course not.

On Saturday, the Bohemian observed, and took photos of, unmasked staff selling the $45 “pit passes” to non-mask-wearing fans who were paying to watch. A handful of people roaming the pit, and a few of the spectators watching the races, wore masks, but most did not. Even the racing officials lining up the cars to enter the track were not wearing masks as they leaned in to talk to unmasked drivers. 

The Speedway manager, Rick Faeth, said in a telephone interview that 300 people attended the race on Saturday, including drivers and their crews and Speedway staff of eight and the pit-pass-purchasing spectators. Although Speedway staff is required to take the temperature of all those entering the racing pit, the Bohemian did not see any one having their temperature taken as they strolled through the gates past a not-masked security guard who monitored the entrance for those bearing pit pass wristbands while sitting in a golf cart.

Faeth said he did not have enough staff to “play mask monitor,” but that in the future he would ask the EMTs staffing the Fire Department ambulance that is on hand for car accidents to help discipline the crowd. He commented that the racetrack’s insurer requires that all those who enter to sign the Covid-19 waiver form and that he cannot speak to its legality.

The Speedway’s Covid-19 waiver format was created by California Fair Services Authority, which insures fairs and racetracks in California. The waiver that all who enter the racetrack are required to sign acknowledges, “I am aware that I could be infected, seriously injured or even die due to Covid-19. … I am voluntarily participating in these activities with knowledge of the danger involved and agree to assume any and all risks of bodily injury, death or property damage, whether those risks are known or unknown.”

The densely worded waiver forever indemnifies the Speedway operators, the Sonoma-Marin Fairgrounds, Sonoma County, the state of California and unnamed contractors from “any and all liabilities,” not just for contacting Covid-19, but for any type of harm that occurs to them on the premises. Remarkably, that blanket indemnification includes any acts of negligence by all of the above. And even your heirs and survivors are not allowed to sue if you are killed by Covid-19 contracted at the Speedway. Or so says the waiver, which does not mean it is legally valid.

Legal expert Allison Zieve, with the Public Citizen Litigation Group, reviewed the Speedway’s Covid-19 waiver. She said, “The waiver sounds way overbroad. I am skeptical that any court would enforce it as written, certainly not as to many or most of the claims that it purports to waive.” Its signers are not informed that, in actuality, they really cannot sign away all of their rights to sue. They are just encouraged to believe that the waiver is binding on them and their heirs in perpetuity—but it is not, so the Speedway is not telling the truth to those who are entrusting it with their safety and well being.

While it is not uncommon for skydiving and other businesses selling dangerous experiences to require liability waivers, they cannot escape liability for negligence, which is what the Speedway and its insurer are trying to do—pretending that people can sign away rights to sue for damages under all circumstances. Attorney Zieve asks, “I wonder if the waiver was drafted so broadly just to discourage people from filing lawsuits in the first place, because they assume that they can’t?” 

Writing in the legal profession’s ABA JOURNAL, Tyler T. Rasmussen, a litigation partner with Fisher Phillips in Irvine, California asserts, “To be the most enforceable, you have to have a [Covid-19] contract that is narrowly tailored to your business. It has to be clear and unambiguous and easily understandable by the individual who is reading it.”

There is a larger question to ask, though. The Speedway appears to be violating the state and county requirements that it take the temperature of all those who enter and enforce physical distancing and mask wearing. Since it takes a person infected with Covid-19 two weeks to show symptoms, proving that the virus was contracted at a specific time and place by a specific person is extraordinarily difficult. Why is the Speedway requiring its drivers and the spectators to sign away their right to sue if it is really operating its business according to the public health rules that are designed to protect everyone? California law explicitly protects Speedway employees from signing away their right to sue for negligence. But the fans are told otherwise—and we are all at risk of being victimized by what looks like legal jabber covering for potential negligence.

With new infections sharply rising, Sonoma County Health Officer Dr. Sundari Mase has issued a public warning, “Even gatherings over 10 people are fueling rising infections. Your social bubble should really consist of your household members at this time.” That applies to stock car racers and their pit pass holding fans, too.

The half-trillion-dollar loan program advertised as a lifesaver for the country’s struggling small businesses is again under fire after the Small Business Administration (SBA) on Monday released a list containing hundreds of recipients of the program, revealing that several private equity-backed chains owned by members of Congress and dozens of publicly traded companies and corporations received millions.

The Paycheck Protection Program (PPP)—a part of the Coronavirus Aid, Relief and Economic Security Act—first drew scrutiny after it quickly burned through its initial $350 billion allocations by helping large public companies secure multi-million dollar loans while several small businesses missed out. There’s also the fact that the big banks administering the program on behalf of the government are expected to net hundreds of millions of dollars in fees. 

If at least 75 percent of the loan is used for payroll, it becomes “forgivable,” according to the SBA.

Here are a few of the companies which received large or otherwise notable loans in the North Bay:

— Ygrene Energy Fund, a Petaluma company that offers energy efficiency financing and has received millions of dollars in venture capital investments, according to news reports, received a loan of between $5 and $10 million to cover 229 employees.

— The Francis Ford Coppola Winery, named for its movie-director owner and based in Geyserville, received a loan of between $5 and $10 million to cover 469 employees.

— The parent company of Napa County’s French Laundry restaurant received a $2 to $5 million loan for 163 employees. Thomas Keller, the company’s owner and celebrity chef, is suing his insurance company for failing to pay for losses due to the pandemic.

— Piatti Restaurant Company, which owns and operates Mill Valley’s high-end Italian restaurant, received a $2 to $5 million loan for 459 employees.

— 23 Bottles of Beer, LLC, the parent company of the North Bay’s Russian River Brewing Company, received a $2 to $5 million loan for 196 employees.

— The Girl and the Fig, a popular restaurant in the city of Sonoma, received between $1 and $2 million for 138 employees.

— Then there are the politicians. According to Bloomberg News, Paul Pelosi, the husband of Speaker of the House Nancy Pelosi, the longtime San Francisco congresswoman, holds an 8.1 percent stake in the San Rafael-based EDI Associates. EDI in turn has an investment in the El Dorado Hotel, located in the city of Sonoma.  EDI Associates received a loan of between $350,000 and $1 million for 52 employees. A spokesperson for Nancy Pelosi told Bloomberg that Paul Pelosi was “not involved in or even aware of this PPP loan.”

— Congressman Devin Nunes, a Republican who represents the Central Valley, has reportedly outdone Pelosi on the loan front. Nunes owns a stake in Alpha Omega Winery, according to financial disclosure forms. The St. Helena winery received a $1 to $2 million loan for an unreported number of employees.

Alcohol Justice, a San Rafael–based alcohol industry watchdog that promotes evidence-based public health policies, is launching the San Rafael Latino MAT Outreach Project (Proyecto Latino TAM).

The first of three informational Spanish-language mailings to outline options for those seeking help with an opioid problem will be delivered this week to every household and business in the San Rafael Canal Community and adjacent neighborhoods. The mailings will be complemented by social media postings, website resources and short videos.

“With Proyecto Latino TAM, we are promoting access to Spanish-speaking communities and other populations that are underserved by the existing public health structures,” says Bruce Lee Livingston, Executive Director / CEO of Alcohol Justice. “Opioid addiction is a disease and we are helping our Spanish-speaking residents find where to go for Medication-Assisted Treatment.”

The San Rafael Latino MAT Outreach Project – Proyecto Latino TAM is supported by The Center at Sierra Health Foundation, Drug Free Communities and CARA Opioids grants (under auspices of ONDCP and CDC). Additional support has been supplied by RxSafe Marin, Youth for Justice and Alcohol Justice.

“Proyecto Latino TAM is an important prevention program in Spanish (and English) that will bridge the information gap about what are opioids, and the health epidemic that has devastated many communities,” says Maite Duran, Community Organizer at Alcohol Justice, founder of Youth for Justice and Project Coordinator. “We welcome this Spanish-language tool to inform and educate the Latino community about the danger of opioids and where to find appropriate resources should they be needed.”

“The struggle of addiction and alcoholism has had lasting effects throughout generations,” says Dominique McDowell, Director of Addiction Services at Marin City Health and Wellness Center. “Levels of trauma leading to one’s disparities must be addressed with kindness and understanding, allowing us to help heal the suffering with cultural understanding without barriers. Over 11 million people yearly misuse opioids, and over 2.5 million people have tragic outcomes from alcohol-related incidents [i.e. deaths]. Having had personal experience within these tragic numbers I continue to partner and work with organizations whose mission is to combat the disease of addiction.”