Q: part time El Dorado county resident, have tested negative for COVID-19, county prohibits me visiting property.
The county health official issued a blanket order that prohibits me from enjoying my property even though I have tested negative. Additionally the order only applies to certain owners who live in the south Lake Tahoe area part time. Others are allowed to stay. Since I have tested negative for the virus I would like to challenge this order denying me access to my property
Update: I do have a compelling interest in going up there because I suffer from severe asthma this time of year . I’m not gonna die, but I normally spend the season at that house to avoid multiple breathing treatments.
Additionally the county is ordering part-time residence to go back home, this effectively negates the unnecessary travel argument.
I’m glad to shelter in place while there, I don’t see why the government has a say in where I shelter. I’m glad to do my part, but It feels like these restrictions are so broad they are violating our fundamental rights.
A:
Well good luck with that. The courts are all closed for the 60 day period from March 23, 2020, with nothing but emergency criminal matters being heard right now.
Everyone's property rights are taking a back seat to the health and welfare of all. You have no valid reason for breaking your stay at home order just to go to your vacation home at Lake Tahoe. You can try to drive there, but you take the chance of being cited for violating the stay at home order, which the California Highway Patrol are enforcing.
You may be virus free today, but that is no guarantee you will remain virus free if you violate the stay at home orders issued by the State and the county. The whole point is to curtail unnecessary travel in the face of this plague. As soon as the dangers of infection and spreading the disease is past, we will all be able to return to our normal routines.
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