Update: Stanislaus County’s move to coronavirus purple tier was a mistake, officials say
Stanislaus County was among three counties in California that were reassigned Tuesday to the most restrictive tier of the state’s blueprint for slowing the coronavirus pandemic.
But the county’s top health official called the state later Tuesday. County officials say the purple tier designation was a mistake.
The county informed the state Monday of its intent to file an adjudication claim with the California Department of Public Health, which presumably would delay the tier reassignment for a week while the state considers the claim.
The state created the adjudication process to let counties clarify disease transmission data and make a case for keeping economic sectors open.
It typically takes a week for state health officials to review the claims. In the meantime, indoor restaurant dining and gyms can stay open in Stanislaus County for another week and residents can attend church services under the safe distancing guidelines, Chief Executive Officer Jody Hayes said.
The California Department of Public Health announced at noon Tuesday that Stanislaus, Sacramento and San Diego counties were reassigned from red to purple status. The county was turned to purple on a state map showing the level of coronavirus transmission in California’s 58 counties.
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It wasn’t long before the county’s geographic area outlined on the map was turned back to red. Nothing has changed at least for another week.
Late Tuesday afternoon, the Stanislaus County Health Services Agency said the state will make a tier determination for the county no later than Tuesday, Nov. 17. If the state moves the county to purple tier, the county will have three days starting Nov. 18 to implement the changes and closures, the news release said.
The changes would go into effect Friday, Nov. 20. Local businesses have operated under the softer red tier requirements since Oct. 12.
County officials said at Tuesday’s Board of Supervisors meeting that Stanislaus was prepared to file an adjudication claim with the state in hopes of delaying a return to the purple tier for a week.
Stanislaus case data is in the purple range
Prior to Tuesday’s announcement, the state determined the county’s case data was well into the purple range. It was the second straight week of not meeting the red requirements, which is cause for a tier demotion.
Stanislaus has an adjusted daily case rate of 9 per 100,000 population, about 30 percent higher than the 7-per-100,000 required to stay in the red tier with its lighter restrictions on retail stores and other businesses.
The county’s case rate of 8.2 per 100,000 was adjusted higher because the county’s testing volume is less than the state median. The county has a 4.4 percent test positivity rate. That would qualify the county for the even less restrictive orange tier if it was posting fewer than 30 new cases per day.
With the adjudication process, Stanislaus officials plan to show that restaurants, gyms and churches are not driving the recent increase in coronavirus cases locally.
“We have to acknowledge the faith community has been cooperative” during the pandemic, Hayes told supervisors during a presentation on the coronavirus outbreak.
Supervisor Terry Withrow said the adjudication process would give business owners another week to operate under the less stringent red requirements.
Mary Ann Lilly, managing director of the county Health Services Agency, said the department was hoping last week to make an adjudication case based on case data that wasn’t that much higher than the red criteria. The county was recording new cases per day in the 40s and 50s; it needs to be below 40 per day.
Lilly said the county still wants to have dialogue with the state focused on what activities are causing disease spread and what activities are not. Sectors such as the restaurant industry and retail stores could continue as is while the county addresses gatherings or other sources of infections.
County health services is recommending testing for general population and will also continue with pop-up testing and testing opportunities tied to flu shots. Better access to testing helps to identify new infections so people can isolate and not spread the virus to close contacts. The state has penalized the county for its lower-than-average test volume.
County health officials also stressed the wearing of face coverings, keeping 6 feet away from other people and frequent hand-washing. Those measures are most effective in reversing the rise in cases and keeping businesses open.
Are fitness centers essential businesses?
Gina Aaron of Modesto asked county supervisors for help with a petition and resolution asking the state to recognize fitness centers as essential businesses that would stay open if the county returns to purple.
Aaron said there is data showing safety protocols serve to make gyms safe for people working out. Regular use of masks, temperature checks and sanitizing practices are closely followed by health club staff and clientele, Aaron said.
She said the local In-Shape Health Clubs employed more than 250 people before the coronavirus pandemic arrived here in March. The onset of colder weather and shorter daylight hours make it less feasible for outdoor exercise programs, she said.
“Our community needs and deserves to have a safe place to exercise,” Aaron said.
Withrow again criticized public schools for not opening campuses for in-class learning while the county is in the state’s red category. Schools that reopen in red-tier counties don’t have to close if the county slips back to purple status.
Only elementary schools that get a waiver approved by the county and state can reopen in purple counties.
This story was originally published November 10, 2020 at 12:55 PM.
