New state guidelines open some pro stadiums to limited fans, but Santa Clara County says no to 49ers

The state of California opened the door for the San Francisco 49ers to welcome fans back into Levi’s Stadium, but the Santa Clara County Public Health Department quickly shut it.

The state health office released new coronavirus guidance Tuesday that allowed theme parks to open with modifications and permitted professional sports teams to begin selling tickets to host fans at games, effective immediately. Counties in Tier 3, like Santa Clara County, and Tier 4, which San Francisco reached Tuesday, are now permitted to have reduced-capacity crowds at outdoor stadiums.

But officials in Santa Clara County released a statement shortly after, saying “audiences at professional sporting events will not be allowed anytime soon.”

“This is dangerous, this is the worst thing in the world to be doing,” Dr. Jeff Smith, the county executive, said at a press conference on Tuesday. “At a time period when California is beginning to see some light, this amounts to another step backward. We’ve already done steps backward in California that have cost tens of thousands of lives and this is another risk to do this.”

The 49ers and the San Jose Earthquakes of Major League Soccer play home games in Santa Clara County, which is currently in the orange tier ― Tier 3. Under state guidance, counties in that tier are allowed to have their stands filled to 20% capacity, so the Niners could conceivably host nearly 14,000 fans inside Levi’s Stadium, which has a maximum capacity of 68,500.

The county’s statement restricting teams from hosting fans came less than 90 minutes after the 49ers praised Gov. Gavin Newsom following the announcement of new guidelines. The 49ers said they expected to work with county health officials to create a plan that “protects the health and wellness of all San Francisco 49ers and Levi’s Stadium employees, patrons and our community.”

“We appreciate Governor Newsom’s leadership and thoughtful approach in creating a framework that allows for a return of fans to Levi’s Stadium, and restart the economic activity of the region,” the statement said. “We welcome our fans and their support of local businesses and vendors that are critical to our local economy, especially during these difficult times.”

The 49ers are scheduled to play on the road in New England on Sunday and in Seattle on Nov. 1, meaning the soonest they could host fans under state guidelines is Thursday, Nov. 5 when the Green Bay Packers visit Santa Clara.

Barring a sudden change in local guidance, however, the stands at Levi’s Stadium will remain empty.

“The fact is that throughout the nation, the virus is spiking,” Smith said. “All of the health experts in the nation that are respectable have predicted another spike in November and December. It’s going to get worse. It's going to get a lot worse. Right now is not the time to be relaxing regulations.”

California assigns each of its 58 counties to a tier based on its adjusted coronavirus case rate and the positivity rate of tests conducted within the county. Counties in the purple and red tiers have an adjusted seven-day case rate of more than four people per 100,000 residents and a positivity rate above 5% over a seven-day period.

Neither of the two other NFL teams in California ― the Los Angeles Chargers and Los Angeles Rams ― is permitted to host fans because Los Angeles County is in the purple tier, which means COVID-19 is “widespread,” per the state.

Tuesday’s announcement could have also laid the groundwork for the Earthquakes to welcome fans back to Earthquakes Stadium as soon as their Nov. 1 home match against the Los Angeles Football Club, but Santa Clara County’s public health guidance will supersede the state’s regulations.

“We are incredibly appreciative of Governor Newsom carefully laying the groundwork for fans to return to Earthquakes Stadium,” the Earthquakes said in a statement. “We will continue to work with Major League Soccer and local public health officials to build a plan to welcome fans back as soon as possible. Our priority remains the health and well-being of our team, staff and local community.”

The guidelines do not provide any clarity for the San Jose Sharks or Golden State Warriors as they do not apply to indoor arenas, but they could create a framework for the San Francisco Giants and Oakland Athletics to prepare to host fans during the 2021 season.

Oracle Park in San Francisco is the only outdoor professional sports venue in the state located in a yellow tier, which would allow the Giants to fill 25% of the seats at a ballpark with a capacity of nearly 42,000.

In an end-of-season letter to fans, Giants president of baseball operations Farhan Zaidi said the organization was working actively with local health officials to devise a plan that would safely allow fans safely inside Oracle Park next season.

California’s guidance on allowing fans to attend professional sporting events does not specify regulations for colleges including Cal, Stanford and San Jose State, which are all planning to open their football seasons in the coming weeks. The Pac-12 Conference announced last month it would not allow any fans at its games, making moot the guidance for Cal and Stanford.

At this point, it remains unclear if the state will allow fans at collegiate sporting events or high school sporting events, which are scheduled to begin again in January. Regardless of how the rest of the state proceeds, Smith warned fans at every level of sport in Santa Clara County not to get their hopes up.

“It's just unconscionable,” Smith said of teams hosting fans. “They’re putting lives at risk. People who think that they’re safe are going to be at risk. People at home, not just the people who attend the games, will be at risk. We haven’t even opened schools, we are still worried about businesses being able to survive. It makes no sense whatsoever to have audiences at stadiums.”