Coronavirus Today: California is not exactly leading by example

Good evening. I’m Karen Kaplan, and it’s Tuesday, Oct. 26. Here’s the latest on what’s happening with the coronavirus in California and beyond.

Gov. Gavin Newsom grabbed headlines in July when he became the first governor to require state employees to be vaccinated against COVID-19 or be subjected to weekly coronavirus testing. As head of the largest employer in the state, he pledged to lead by example — and at the time, he sure sounded like he meant it.

“It’s [a] choice to live with this virus. And, with all due respect, you don’t have a choice to go out and drink and drive and put everybody else’s lives at risk,” Newsom said back then. “That’s the equivalent of this moment with the deadliness and efficiency of the Delta virus. You’re putting other people’s, innocent people’s, lives at risk.”

Three months later, many of the state’s public agencies are reporting low vaccination rates, and thousands of unvaccinated workers are not being tested regularly, my colleague Melody Gutierrez reports.

“This is problematic,” said Dr. Monica Gandhi, an infectious-disease expert and professor of medicine at UC San Francisco. “The entire point of Gov. Newsom being the first governor to say state employees should be vaccinated is because these employees are public interfacing, and the vaccine protects them and the public they serve. Then, if the testing component isn’t being universally applied, you are defeating the point.”

As of Monday, 74% of California adults were fully vaccinated against COVID-19. By comparison, only 66% of state employees have turned in documentation to show they are fully vaccinated, according to data from the state Department of Human Resources.

At the Department of Motor Vehicles, just 59% of workers have shown they’re fully vaccinated. At the California Highway Patrol, only about half of employees have submitted proof of vaccination, and at the Department of Forestry and Fire Protection, fewer than a third have done so.

Some departments haven’t reported any vaccination data at all, even though the deadline for being vaccinated or submitting to weekly testing was Aug. 2.

Gavin Newsom stands at a podium. At his side is a sign language interpreter.

On July 26, Gov. Gavin Newsom outlined his plan to require state employees to show proof of a COVID-19 vaccination or get tested weekly.

(Office of the California Governor)

Speaking of that testing requirement, roughly 59,000 unvaccinated state employees should be subject to it. But only about half of them were tested as required during the first week of October, according to the state’s human resources department.

The DMV is testing just 411 of its 3,600 unvaccinated employees each week. And that looks good compared with Cal Fire, which is testing 75 of 6,700 unvaccinated workers.

It gets worse: Out of 152 state departments, 104 haven’t set up testing at any of their locations.

Luckily, few of the tests that are being conducted are coming back positive. During the week of Oct. 4, 31,535 tests were administered, and 155 were positive — a positivity rate of less than 0.5%.

The state rule does not apply to employees who work remotely on a full-time basis. Because of that loophole, the true number of fully vaccinated workers may be higher than is reflected in the official records.

For instance, 62% of workers at the state’s Human Resources department have submitted proof of full vaccination. But Eraina Ortega, the department’s director, suspects there are others who are vaccinated but haven’t gotten around to documenting it because they’re telecommuting full-time. As long as they’re working at home, there’s no urgency for them to do it.

Erin Mellon, a spokeswoman for Newsom, said California’s testing program was still ramping up: “It has been a monumental effort to organize regular, free testing across the state workforce of more than 200,000 people.”

By the numbers

California cases and deaths as of 5:40 p.m. Tuesday:

Numbers are listed in a graphic: 4,826,113 coronavirus infections and 70,884 COVID-19 deaths in California.

Track California’s coronavirus spread and vaccination efforts — including the latest numbers and how they break down — with our graphics.

Justice for fans of masks

Have you ever found yourself sharing air with someone who is not wearing a mask, even though they’re in a public place where face coverings are required? Perhaps you got up the gumption to politely ask them to mask up — and perhaps that left you trapped for 11 hours on an airplane next to a sneering passenger who pointedly kept his mask hanging uselessly below his nose.

If you’ve ever found yourself wishing the Mask Police could magically appear and put a public-health scofflaw in his or her place, my colleague Hannah Fry has a story for you.

The heroes of this story are the members of an Orange County jury who returned a guilty verdict in the case of People of the State of California vs. Marianne Campbell Smith. It took them roughly an hour to determine that Smith had broken the law by refusing to don a face mask inside a Costa Mesa supermarket.

Smith had been attending an anti-mask rally outside Mother’s Market in August 2020 when she decided to go in to buy a salad and some chips. Store employees and a security guard followed her and asked her to put on a mask or leave the market.

Smith responded by saying she couldn’t wear a mask because of a medical condition, according to her attorney. (This despite the fact that she was carrying a sign that read: “Healthy people do not wear masks.”)

Store employees could work with that. They offered to do her shopping for her while she waited outside, the prosecutor explained to the jury. But Smith insisted on doing it herself, rebuffing multiple requests to leave.

Exterior of Mother’s Market near the Triangle Square.

Marianne Campbell Smith was found guilty of trespassing and obstructing a business for not wearing a mask and refusing to leave Mother’s Market in Costa Mesa during an anti-mask protest.


When she approached a cashier to pay for her items, market employees refused to serve her. She left $5 near the register.

But she couldn’t leave the store; employees had closed the entrance to keep the approaching protesters out. She waved at them, then badgered an elderly shopper, prosecutors said.

“You don’t have to be scared,” Smith allegedly told the customer. “It’s all a lie.”

Smith was found guilty of misdemeanor trespassing and obstructing a business or its customers. Those charges may seem odd, but prosecutors said the case was really about whether a private business has the right to enforce its policies and whether Smith’s act of mask defiance was meant to interfere with the supermarket’s operations.

“The defendant wanted to make this about masks and freedom,” Dist. Atty. Todd Spitzer said in a statement that was read in court. “This trial was about a private business and workers just trying to comply with health orders.

Smith wasn’t buying it.

“I’m innocent,” she said as she left the courthouse. “Even though the verdict was guilty, I committed no crimes except to be able to breathe oxygen.”

The judge sentenced her to 40 hours of community service, a $200 fine and a year of informal probation. She was also ordered to stay away from Mother’s Market for a year.

California’s vaccination progress

As of Oct. 26, 68.3% of all Californians were at least partially vaccinated and 62% were fully vaccinated.

A map of California's vaccination progress by county.

See the latest on California’s vaccination progress with our tracker.

In other news …

The Los Angeles City Council voted Tuesday to give police officers, firefighters and other city workers more time to get their COVID-19 shots or seek a medical or religious exemption. (Sorry, Steve Lopez.)

Workers now have until Dec. 18 to meet the deadline. If they miss it, they’ll face “corrective action.” Notices that begin the termination process could be handed out to defiant workers once that deadline is missed.

During the grace period, workers who remain unvaccinated must get coronavirus tests twice a week — and they’ll have to foot the bill. The plan calls for $65 to be deducted from their paychecks for each test they’re required to take, though that will be reimbursed if and when an employee is granted a medical or religious exemption.

Students in L.A. Unified high schools who participate in sports, band or drill team have until Oct. 31 to show that they’re fully vaccinated — and thousands have not yet done so.

The school district acknowledged that 30% of students involved in athletics or music programs had not submitted proof of vaccination as of Monday. LAUSD shared that figure after a Times review of vaccination records showed that 40% of students were at risk of being cut from activities.

The vaccine requirement initially applied to students involved in all…

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