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posted by martyb on Tuesday May 12 2020, @06:45PM   Printer-friendly
from the are-you-feeling-lucky dept.

https://arstechnica.com/cars/2020/05/musk-dares-county-officials-to-arrest-him-as-he-re-opens-fremont-factory/

Elon Musk is planning to defy county officials as he battles to reopen Tesla's Fremont factory in the face of a continued shelter-in-place order in Alameda County, California, Musk announced on Twitter on Monday.

"Tesla is restarting production today against Alameda County rules," Musk tweeted. "I will be on the line with everyone else. If anyone is arrested, I ask that it only be me."
[...]
On May 7, California public health officer Sonia Angell issued a new order lifting some statewide restrictions. The order stated that "a local health jurisdiction may implement or continue more restrictive public health measures if the jurisdiction's Local Health Officer believes conditions in that jurisdiction warrant it."

During a Monday press briefing, reporters peppered Newsom with questions about the dispute. Newsom answered like a politician, expressing admiration for both sides and confidence that they'd work out a deal. Speaking of Tesla, Newsom said he had "great reverence for their technology, for their innovative spirit, for their leadership."

But he also stressed that "it's county-led enforcement in these cases." He didn't endorse Tesla's view that Alameda County's order was inconsistent with Newsom's own order.

Tesla Fremont Factory: Alameda Deescalates Issue, Doesn’t Fall Into Elon Musk’s Martyr Trap:

May. 12th 2020 9:26 am ET

In [a] new comment, the Alameda county seems to have deescalated the issue around Tesla reopening its Fremont factory despite the county’s order as CEO Elon Musk set an obvious martyr trap.

As we reported yesterday, Tesla went ahead with the reopening of Fremont factory despite a local order from the Alameda County to wait until they approved a safe reopening plan.

CEO Elon Musk said that he would himself be on the production lines and he asked that if Alameda County were to enforce the rules and arrest anyone, it should be him:

“Tesla is restarting production today against Alameda County rules. I will be on the line with everyone else. If anyone is arrested, I ask that it only be me.”

But the county didn’t fall for the martyr trap set by Musk and didn’t go into Fremont factory to put anyone in handcuffs.

County officials claim to have been in continuous contact with Tesla last week to approve the automaker’s plan to reopen the factory by May 18, but Musk apparently wanted to do it sooner – leading to Tesla filling a lawsuit and stalling the talks.

The Sheriff’s Office instead issued a statement stating that they are aware Tesla is breaking the order and they will take the same action that they do for other businesses who have been violating the order:


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  • (Score: 3, Insightful) by DeathMonkey on Wednesday May 13 2020, @06:28PM (7 children)

    by DeathMonkey (1380) on Wednesday May 13 2020, @06:28PM (#993873) Journal

    OSH Act (OSHA) of 1970

    General Duty Clause

    SEC.
    5.
    Duties
    (a)
    Each employer --

    (1)
    29 USC 654
    shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;

    Starting Score:    1  point
    Moderation   +1  
       Insightful=1, Total=1
    Extra 'Insightful' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   3  
  • (Score: 1) by khallow on Wednesday May 13 2020, @06:52PM (6 children)

    by khallow (3766) Subscriber Badge on Wednesday May 13 2020, @06:52PM (#993889) Journal
    Indeed. So why should we think that this section is being violated?
    • (Score: 2) by turgid on Wednesday May 13 2020, @08:48PM (5 children)

      by turgid (4318) Subscriber Badge on Wednesday May 13 2020, @08:48PM (#993922) Journal

      COVID-19 has a high mortality rate, and given that there's an outbreak, putting people together in the workplace is putting them in harm's way.

      • (Score: 2, Interesting) by khallow on Wednesday May 13 2020, @09:34PM (4 children)

        by khallow (3766) Subscriber Badge on Wednesday May 13 2020, @09:34PM (#993940) Journal

        and given that there's an outbreak, putting people together in the workplace is putting them in harm's way.

        Sorry, that does not follow. Fjrst, if they aren't going to follow guidelines in a highly controlled environment like a workplace, then why do you think they'll follow guidelines, if you tell them to stay at home? You're trusting them, yet not trusting them.

        Second, we've got protection systems: PPE, social distancing, testing, etc. If that's not good enough for non-essential businesses, then why is it good enough for essential businesses? I don't want a lockdown that lasts years rather than the advertised months.

        • (Score: 2) by turgid on Wednesday May 13 2020, @09:36PM (3 children)

          by turgid (4318) Subscriber Badge on Wednesday May 13 2020, @09:36PM (#993942) Journal

          I follow the guidelines at home. I am able to avoid the idiots outside. It's personal responsibility.

          • (Score: 1) by khallow on Wednesday May 13 2020, @09:48PM (2 children)

            by khallow (3766) Subscriber Badge on Wednesday May 13 2020, @09:48PM (#993947) Journal
            So what? You haven't answered either question.
            • (Score: 2) by turgid on Thursday May 14 2020, @09:13PM (1 child)

              by turgid (4318) Subscriber Badge on Thursday May 14 2020, @09:13PM (#994396) Journal

              I have. I am free to be isolated from the idiots. I am free not to be subject to their own stupidity, irresponsibility and selfishness. That's a very important freedom. "Your right to swing your fist ends where my nose starts." Do try to keep up at the back.

              • (Score: 1) by khallow on Saturday May 23 2020, @04:58PM

                by khallow (3766) Subscriber Badge on Saturday May 23 2020, @04:58PM (#998181) Journal
                I originally wasn't going to reply since I thought at the time I had said my piece. But this still bothers me even more than a week later. Passing harsh, universal constraints on human behavior because there are stupid people in the world is a losing proposition.

                Here, we have a much better idea of how covid spreads and thus, can make most of these workplaces and commercial areas safe enough, despite the presence of stupid people (who let us note would still be problems even with the hardcore restrictions that Musk was flouting at the time). Some things I think will still need to be seriously regulated such as events that create large, dense crowds. But I think we can get most of the benefits of the hardcore restrictions along with a return to near normal economic activity.