This argument would make more sense if tesla wasn't defined as essential by most relevant legal definitions of essential [0] - or at least portions of their business (solar panels) are and those portions were also shut down by the county.
[0] Basically all of these include the federal governments list that can be found at the link below. This list explicitly includes the manufacture of solar panels amongst many other things.
The only one relevant legal definition that doesn't, is Alameda county. But even they say "Businesses may also operate to manufacture distributed energy resource components, like solar panels."
The list you provide is 20 pages of bullet points listing jobs that are supposedly essential. I actually have a hard time figuring out a job that wouldn't qualify as essential.
Also, at the top of the document:
> This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion.
Indeed it is, it turns out that there are lot of things that need to happen to keep the country semi-functional.
While the document says it is advisory, it was incorporated into the general California order as things that should stay open (and the orders in many other states).
It is advisory in nature because public health like this is a state matter not a federal matter.
>But as soon as the government starts picking and choosing "nonessential" businesses to allow to open, every single nonessential business will be clamoring for an allowance and emboldened to present themselves as heroic frontline workers
This is the list that the state and counties are using. They have been picking and choosing who gets to open on a case by case and largely arbitrary manner since the beginning.
The list contains basically every business in existence. The application is what is arbitrary. Factories with PPE and distancing is a no go, but construction is OK. You can go to a liquor store but can not get heart surgery. Then, on a national level you get bizzare edge cases like attempts to shut down drive in church services
It seems pretty clear to me that elective heart surgery, you forgot that qualifier, would be restricted when it can only take place in a building that may be covered in virus. Liquor stores don’t contain intubated individuals suffering from COVID-19, so the risks are clearly different. Is that arbitrary?
In a country of 330 million you’re bound to get edge cases, that doesn’t prove anything.
Yes, I consider these examples to be arbitrary. The risks are different, but is not clear that one is safer than another. Interpretations are different county to county with no rhyme or reason, with safer locations implementing more restrictive measures.
Examples of bad edge cases prove that bad edge cases exist. These too are arbitrary, but by definition, less commonplace.
> You can go to a liquor store but can not get heart surgery.
You can still get your heart surgery if it cannot wait. I know this because my dad had to get a cardiac stent fairly recently. But if you're getting a pacemaker (or another elective surgery), that can wait, there's no reason to risk it.
And with regards to the liquor stores: there are a lot of alcoholics in the US, and I live in a state where the state sells everything strong. If they closed the ABC stores, you'd see the ERs fill up with alcoholics going through withdrawal.
[0] Basically all of these include the federal governments list that can be found at the link below. This list explicitly includes the manufacture of solar panels amongst many other things.
https://www.cisa.gov/sites/default/files/publications/Versio...
The only one relevant legal definition that doesn't, is Alameda county. But even they say "Businesses may also operate to manufacture distributed energy resource components, like solar panels."
https://covid-19.acgov.org/covid19-assets/docs/5-4-20%20Alam...