Stanislaus leaders see through Withrow’s bad idea on reopening schools, and reject it

You know it’s a bad idea when your own lawyer tells you in front of everyone that what you want to do has absolutely no meaning.

That’s the situation Terry Withrow found himself in Tuesday. He was pushing Stanislaus County leaders to embarrass themselves again with another show of defiance against a state COVID order keeping schools closed until it’s safe to open them.

Undaunted — or unwilling to listen to reason — Withrow pressed on anyway and got exactly what he deserved: failure.

Withrow had unveiled the bad idea two weeks ago, urging the five-member, elected Stanislaus Board of Supervisors — he is one — to go on record assuring schools that if they chose to open in violation of state rules, the county would sit on its enforcement hands.

It’s a bad idea for many reasons:

• Stanislaus County remains a COVID-19 hotspot.
• County supervisors have no say in whether schools reopen. None.
• No public schools have shown any indication that they’re anxious to violate state law and reopen before public health gives them the go-ahead.
  
  
• That could happen in fairly short order, for elementary schools, thanks to dropping COVID-19 numbers, if individual districts opt to seek waivers. That would make Withrow’s idea even more moot than it already is. (Junior high and high schools have additional requirements and would need more time.)
  
  
• Even if public schools want to jump the gun, almost all are in cities and subject to local police enforcement. Relatively few are in rural areas controlled by the county.
  
  
• The board previously pledged to uphold state COVID rules as a condition for receiving $22 million in federal relief money, some of which will be leveraged to obtain more, pushing the total to about $33 million.
  
  
• Violating that pledge would give the state a reason to take back that money, which helps the poorest among us.
  
  

When Withrow floated the idea on Aug. 11, The Modesto Bee identified it as “needlessly provocative,” a “show of rebellion (that) smacks of political gamesmanship and sends entirely the wrong message.” Remember, this same Board of Supervisors voted to look the other way if businesses should open in violation of the governor’s shutdown order.

On Tuesday, county staff provided a clear picture for why Withrow’s new idea was a bad one. County Counsel Tom Boze, whose duty includes laying out legal options for leaders to consider, told Withrow that ignoring this state order would make his motion void, defined as not valid or legally binding. In other words, meaningless.

Other supervisors called it a bad idea, too, partly because it wouldn’t accomplish anything.

Good intentions, bad idea

Cornered, Withrow — an effective, conscientious leader in most cases — acknowledged that opening schools is “not our decision” and even admitted that his motion “might be all ceremonial.” He just worries that kids are suffering from neglect, abuse, poor nutrition and bad learning environments, he said, and would be better served back in school.

Well, yeah. Everyone (almost) agrees that in-person instruction beats distance learning.

But giving the governor another poke in the eye — perhaps weeks before students might return anyway — while jeopardizing $33 million makes little sense.

Thankfully, cooler heads prevailed when Supervisors Vito Chiesa, Jim DeMartini and Kristin Olsen saw through Withrow’s vapid arguments. Only Tom Berryhill joined him in Tuesday’s rare, 2-3 split decision, spelling defeat for a very bad idea.

Standing one’s ground can be admirable in politics, as in other pursuits. Choosing to die on a hill with no value or meaning helps no one.