State of Emergency Reaches 2-Year Anniversary While California Lifts Most COVID-19 Restrictions

State of Emergency Reaches 2-Year Anniversary While California Lifts Most COVID-19 Restrictions
California Governor Gavin Newsom discusses the state's plan for homelessness inniciatives in Los Angeles, Calif., on Sept. 29, 2021. (John Fredricks/The Epoch Times)
Vanessa Serna
3/4/2022
Updated:
3/7/2022

As some California COVID-19 mandates have been lifted and case numbers are dwindling, some legislators are pushing back against Gov. Gavin Newsom’s state of emergency, which granted him authoritative power over lawmakers since March 4, 2020.

“We live in this state of just a one-man rule, with one person reporting to make decisions on behalf of 40 million people,” Assemblyman Kevin Kiley (R-Rocklin) told The Epoch Times.

Newsom continues to hold onto his executive power granted through the state of emergency after lifting all but 5 percent of executive orders on Feb. 25 and removing the mask mandate for K–12 schools and unvaccinated workers.

Newsom’s office didn’t respond to inquiries from The Epoch Times on when the state of emergency would be lifted, but a spokesperson from the office stated that the remaining orders under the state of emergency are “critical” to increase testing and vaccination programs while ensuring the health care system is not strained.

For two years, the state of emergency granted the governor authority to overstep all state lawmakers, with the ability to “make, amend, and rescind” laws, according to California Emergency Services Act.

Under the state of emergency, Newsom has been able to enact mandates with masks and vaccinations without the state legislature’s approval.

Kiley said Newsom’s power to create laws without advisement from the legislature has led to an outcry from leaders pushing to restore the democratic process.

Kiley, along with other Republican lawmakers, have attempted to take back their power and remove Newsom’s executive power that has continuously overstepped lawmaking procedures, especially after various COVID-19 related mandates disagreed upon by members of the legislature were enacted.

“I believed at that time that we would do better as a state if we had more voices involved,” Kiley said. “We’re allowed to have a deliberative process, and we were allowed to debate these issues and demand evidence for the decisions that were being made.”

Over 70 executive orders related to COVID-19 have been issued since March 2020, with about 10 more non-COVID-related orders directed towards the statewide drought and climate change.

Recent megaevents, including the Super Bowl, have led to some residents and lawmakers calling for the proclamation to end, especially after Newsom was caught maskless at the NFL (National Football League) Championship game on Jan. 30.

“We just hosted the Super Bowl two weeks ago, and the justification for a state of emergency is completely expired,” Kiley said.

Aside from Kiley, Sen. Melissa Melendez (R-Lake Elsinore) was one of the first to be vocal about the ongoing state of emergency once Newsom’s maskless photos began to trend on the internet.

Melendez said the state of emergency has been putting residents in a psychological state of panic, which she said is unnecessary as COVID-19 restrictions are waning.

“COVID is going to be around for some time, it’s not going to disappear like polio, and we will deal with it and learn to live with it accordingly,” Melendez told The Epoch Times.

Melendez is pushing for legislation to be passed that would require her colleagues to vote to terminate the state of emergency; a hearing has been scheduled for March 15.

“We can’t continue in a state of emergency forever, and the point behind the bill is to make sure that there are some limitations placed on the executive branch,” Melendez said.

Sen. Dave Min (D-Irvine) responded to The Epoch Times’ inquiries in a statement, saying that “COVID-19 continues to be contagious, deadly, and unpredictable.” However, with hospitalizations and case rates declining, he is “hopeful that more relaxed protocols are on the horizon if we all do our part to get vaccinated and follow the science.”

“I know that my colleagues and I will be doing everything we can to encourage local public health officials to follow the science and try to get people back to work and things back to normal,” Min said.

The national emergency over COVID-19 declared by former President Donald Trump on March 13, 2020, is also being challenged now. A measure to end the national emergency has been approved by the U.S. Senate on March 3.

The measure now heads to the House of Representatives, which is controlled by Democrats, who have generally been more in favor of restrictions during the pandemic than the Republicans. Even if the measure is approved by the house, the White House said on March 3 that Biden would veto it.