Tesla vs Alameda
Nature of the Action (Thread)

1. As local officials scrambled to protect Californians, the state stepped in to ensure the response was clear, uniform, and coordinated using state-wide regulations

Sometimes meant setting a baseline, sometimes setting THE policy

2. When the governor issued the “Stay at Home” order it said the statewide policy would be that federal “critical infrastructure” like the Tesla factory would be allowed to continue operating.

3. This was not a baseline, it was meant to keep essential functions running.

4. Nevertheless, Alameda county decided that it would insist that its conflicting pronouncements controlled over the state-wide order. Alameda County arrogated to itself the power to force closure of businesses that the state government said could remain open.

5. Inexplicably, Alameda County said Tesla must shut down even though their own FAQ describes the Fremont factory as essential and permitted:

6. The county has asserted that violations of its orders carry criminal penalties, even though it lacks statutory or legal authority to do so. It has threatened jail time and significant fines for businesses that do not comply, even when authorized by the state to continue.

7. Alameda County isn’t using their authority to “supplement” the state baseline as described in the May 4 order. They are making rules that directly contradict and undermine the policy announced by the Governor.

8. Alameda County’s power grab not only defines the Governor’s order but also the federal and California constitutions. It violated the Due Process Clause of the 14th amendment and

9. It violates the equal protection clause of the 14th amendment as well

10. On top of that, the California constitution says that counties can’t make laws that conflict with state or federal laws https://twitter.com/thirdrowtesla/status/1259618399526641664

Read the full thing here

https://wholemars.com/alameda-lawsuit.pdf