Tesla factory is still open for business
cnbc.com
cnbc.com
(The ultimate wisdom of his position is neither endorsed nor condemned by this post.)
If, for the purpose of argument, we stipulate as fact that the fears are overblown, he might be able to successfully attack this order as "unnecessary" under that law, but that sounds iffy, and the health officers will no doubt be afforded substantial deference.
A better avenue for attack would be via the US Constitution and its basic protections for civil rights, liberty, and freedom of assembly. The Fifth Amendment specifically applies, forbidding that anyone "be deprived of life, liberty, or property, without due process of law." The regional lockdown affects ~7 million people, to contain a disease that has affected ~300 (?) known patients (please correct me if this is badly wrong) so this lockdown may be serving a compelling government interest, but it is probably not doing so via the least restrictive means available, which would usually be the standard for abrogating civil liberties. It's a meaningful case, at least.
Whether he wins or loses such a hypothetical case, though, it would leave things clearer than the situation which jgalt observes nearby:
> it seems more like Musk is the sort to get sued, not the one to be suing
Better to be fighting in the courts from the start, rather than being confronted by the sheriff partway through the workday.
These companies are very unlikely to do so without being forced.
"Honda Plans to Shut Down North American Plants for Six Days Due to Virus Concerns, Demand Decline"
https://www.wsj.com/articles/honda-plans-to-shut-down-north-...
"UAW, Auto Makers Agree to Partial Plant Shutdowns to Curtail Coronavirus. Ford temporarily closes Chicago factory for virus-related parts shortage... The United Auto Workers and Detroit car companies reached agreements on coronavirus-mitigation efforts that for now will avoid a two-week shutdown of U.S. factories."
https://www.wsj.com/articles/uaw-presses-auto-makers-to-clos...
"Volkswagen, Airbus Halt European Production Amid Wave of Factory Closures" (Europe not US) https://www.wsj.com/articles/volkswagen-airbus-halt-european...
There's a _huge_ negative publicity risk here, depending on how things unfold.
[1] https://www.sfchronicle.com/business/article/Tesla-s-Fremont...
(I've seen rumors the Sheriff's office showed up at the factory today, and that a deal was reached to just finish cars currently on the production line, but nothing new from any credible source so far).
Yesterday they were classified as an essential service and were allowed to stay open (even though they could & should have voluntarily closed).
Yesterday evening they lost that classification, did they open today or not?
[1] https://twitter.com/ElonsTruths/status/1240249636914434052
https://twitter.com/deitaone/status/1240287646825558016?s=21
https://www.freep.com/story/money/cars/general-motors/2020/0...
The morning of March 16: Six counties in the Bay Area have issued a “shelter in place” order with the hope to reduce the transmission of COVID-19 and flatten the growth of the virus. It goes into effect on March 17.
The afternoon of March 16: Tesla employees are told to show up to work unless they are feeling sick.
The evening of March 16: Elon Musk says ‘coronavirus panic is worse than virus itself’ in email to Tesla employees. He tells employees to stay home if they don’t feel comfortable, but Tesla will keep operating.
March 17: local county authorities have confirmed Tesla is exempt as an “essential business.”
The evening of March 17: Sheriff department says Tesla is not an ‘essential business’ and the factory must obey coronavirus shutdown order
March 18: Witnesses at Tesla factory says that employees are coming in to work and the employee parking lot is still full of cars for the morning shift.
from https://electrek.co/2020/03/18/tesla-fremont-factory-operati...i think they reached an agreement to finish the cars on the production line. They will probably clear out tomorrow