>> someday we will have to reveal sandra smith's trick on how to ride a bike. >> "outnumbered" starts now. ♪ >> harris: growing backlash now in california over the newest stay-at-home order, it affects some 33 million californians. democratic governor gavin newsom ordered the closure of hair salons, bars, indoor dining's, as covid hospitalizations continue to rise. critics including business owners say restrictions favor certain industries over others. a larger number of california sheriffs now say they will not enforce the governor's order. the latest, riverside county

sheriff who has this message for governor newsom. >> leaders do not threaten, attempt to intimidate or cause fear. bullies do. while the governor's office and the state has threatened action against violators, the riverside county sheriff's department will not be blackmailed, bullied, or used as muscle against riverside county residents in the enforcement of the governor's orders. >> harris: you are watching "outnumbered." i'm harris faulkner. town hall editor and fox news contributor katie pavlich. joining us on the center of the virtual couch, founder and executive director of the turning point usa. charlie, it's great to see you. i just want to start with, you know, it's the constitution, there are all these laws. how does it fit in that it is

the sheriff, the police who are in charge of the governor's thoughts and restrictions and not the health department? >> charlie: there's so many contradicting orders that are happening right now especially in california, you saw that viral video over the weekend of a small business owner in thousand oaks, california, she had her restaurant shut down and right next to it, there was a movie set that was allowed to do the exact thing that she wasn't allowed to do in the constitution is not suspended even in the time of a crisis or a pandemic. you are starting to see small business owners across the country fight for their life. this has been almost seven or eight months of lockdowns and opening up a little bit, more lockdowns and i personally stand right next to these small business owners trying to make sure they can open their businesses and at least be treated fairly like some of these big box stores are. >> harris: you know, emily, i do want to get into the

legalities of all of this because it really does matter. i've interviewed quite a few of the sheriffs and one of them was a former superior court judge so i don't know if some of these governors have an idea of what they are going to have to deal with here, there's been a good argument going on by guys and ladies who really know about why isn't it the health department? if the health apartment comes to your establishment and says, about spread and all of that but it's a law, why? >> katie: to answer your last question first they are in fact wielding the health department as a weapon. we know that here in my state they are being fined $9600 a day for defying orders, we saw a brewing company in maine be inspected 30 times by the health inspectors, we are talking about staten island, having their liquor license suspended so indeed that governments are wielding all the tools they have

in their toolbox to make life unpalatable for these restaurants, to make it on survivable, frankly and to your point in the court system we are seeing them fight their way through, in california, the california restaurant association is taking this to court. for viewers, we've seen the arguments over church capacities in the ability for people to worship. that's a different standard of review, that's a strict scrutiny. hearing court for this argument, this whole debate here, though standard is rational basis so it's a lower standard which means these businesses do have a higher chance of hopefully succeeding in court but it is highlighted that there is not evidence as of yet including the testimony today that says we don't have science that supports closing outdoor dining even though we are indoor dining. >> harris: you called it rational. i don't see the rationality in that. we are told to respect some

things but then you have to tell us what it is, that rational decision-making that you are saying, i can't even get into that, kennedy? >> kennedy: i was in california over the weekend. people are both freaked out and frustrated. the virus is spreading, spreading, icus are over the critical threshold, in l.a. county they are under 89% so that means, under 15% the governor said he would start issuing these edicts for various counties, and so people are looking around, wearing masks, staying apart from each other, using hand sanitizer, and going, what else am i supposed to do? and now they are being punished with these arbitrary finds. and that's when you are seeing law enforcement, they've got

friends, they've got family members who have businesses and they look around and see people suffering. when you are just trying to serve people and make a little money, it's not the same thing is going into nursing home and coughing on people so they have to stop treating them like those of the same thing. >> harris: i listened to an interview on the radio this morning, katie, it was from a front-line doctor, former military surgeon who compared what's happening in some states, kennedy was talking about the spread to being in a war zone and he served in several and he said that's because they still don't have the ppe and some of the things they need. it be great if these governors, i believe his state was arizona where the spread is and as precipitous as it is in certain places like california but he said the beds are filling up. wouldn't these governors be best served going in there, not getting what you need on the front lines and figure out where the spread is coming from but they're not doing that. why?

>> katie: know, a lot of these governors are very focused on using this power trip they now have and shutting people down without giving them real evidence to back it up. you have statements from new york governor andrew cuomo for example back in may, more than 60% of the new cases were coming from people who are at home and locked down and yet the definition of insanity is doing the same thing over and over again. that's what these governors are doing. this is beyond arbitrary rules about the virus. we've just went through an entire summer, democrats in cities and states, they are sticking law enforcement on people who are simply on their own properties trying to open their business and the government really now has engaged in confidence to confiscation without compensation, taking away

people's livelihoods and in return they are getting nothing, they can't get a package through federal government, local governments are completely overwhelmed, unemployment is running out in a lot of these places, especially in states that are poorly managed and you have these governors doing the same thing over and over again, demanding that businesses shut down in their own property and then they threaten to throw them in prison with major finds, the health department and i remember when we were not sending people into jails because they were worried about covid spreads and now we are threatening business owners with prison time, jail time for opening up their business after going through and complying with all these rules and regulations that california, for example, put in place. they've done everything the governor has asked to comply with being safe and yet they are then told they had to shut down and when they ask for evidence they are told to shut up and take it. >> harris: i go back to what

kennedy, you were saying, they are being told everything to do but maybe it's because they are not being told the right thing to do. we do have some people who make horrible decisions because they are power trip and, remember when they were putting next to the most vulnerable of us, in new jersey and new york, those governors, murphy and cuomo making the decision to put covid-19 situations together with the most vulnerable people in those nursing homes and we lost so many people. charlie, i come to you for the last word on this. katie said confiscation without compensation. that is huge. >> charlie: i completely agree and at this point i think we need to trust people to make good choices and good decisions, understand the threat of the virus and when people about if he b.s. private property they worked their entire life disappears and nine months because of centralized, draconian lockdowns, we have to ask ourselves if that's the

proper role of government. government should be protecting people's rights to own property, not confiscating their property. every day you force a restaurant to be close you might as well take money away from them. they still have to pay rent, they have to pay their employees and they have to pay some sort of inventory costs. hundreds of thousands of small businesses may never survive again. the current count is around 130,000 small businesses have gone under this year and every month that goes by we might see an entire generation of first-generation immigrant small business owners that will never be able to open again. >> harris: yeah. a part of our americana. okay, we will move on. we are going to go deeper on the subject coming up. a restaurant owner went viral after sounding off over the apparent double standard in los angeles. her message to mayor eric garcetti. strong, keep watching. in the battle for senate control. republican kelly leffler was in a fierce debate with her

democratic challenger, rafael warnock. their face-off in atlanta and what president trump says it is at stake. >> if you don't vote, the socialists and the communist win. january 5th, you must send two great people, david purdue and kelly leffler back to the senate. ♪ liberty mutual customizes your home insurance, here's one that'll really take you back. wow! what'd you get, ryan? it's customized home insurance from liberty mutual! what does it do bud? it customizes our home insurance so we only pay for what we need! and what did you get, mike? i got a bike. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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through a lack of funding. the two most extreme, far left liberal senate candidates in the history of our country. >> kennedy: president trump to at a georgia rally over the weekend, that is going to decide which party controls the senate. one of those senators, kelly loeffler faced off last night against her challenger, rafael warnock in a fierce and very heated debate, watch. >> my opponent, radical liberal rafael warnock has called police officers gangsters, thugs, bullies and a threat to our children. >> my opponent is going to work really hard trying to push a narrative about me. i actually brought together law enforcement officers here in the city. >> kennedy: the other republican senator facing a runoff david purdue declined to take part in last night debate, leaving his democratic

challenger john awsat alone on stage. next to an empty podium. of all the things we saw in georgia this week, what you think was most effective in changing voters minds? was at the plea the president made at that big rally or did it kelly loeffler really nail in the debate against rafael warnock? >> charlie: i think the president's rally definitely moved the dial, i was in georgia and i can tell a lot of people on the ground were a little uncertain of what the marching orders were for the maga faithful. i think there were people incorrectly instructing trump supporter to boycott the january primary. president trump endorsed both senators very positively and vocally but he also talked about voter integrity which is a primary concern of many georgia voters. i would venture to guess, based on being on the ground in georgia it, everything we are doing, this was a significant

boost to both the campaigns and runoff elections are very tricky. they are turn out elections, not persuasion elections. there are very few undecided voters. it's about getting your base out to vote especially after new year's and christmas and january 5th on a tuesday, a lot of people are going to sit it out and it's very critical that every republican and conservative gets engaged in georgia and the president plays a huge part in that this weeke weekend. >> kennedy: all right, he did seem to thread the needle talking about his election grievances but, he very vociferously endorsed both candidates. and one of the flash points, emily, the debate last night was court packing because that's something that a lot of people, not just in georgia, have questions about. what is a democrat-led senate going to do in terms of the supreme court? and rafael warnock sidestepped that question over court packing, let's watch this and then you can comment, emily.

>> i'm really not focused on it. and i think that too often the politics in washington has been about the politicians. i'm a pastor. >> he also is distracting from the fact that he would pack the supreme court. that's outrageous. the nine justices is the right number, he would pack the court with radical justices that would legislate from the bench to fundamentally override the constitution and our laws in this country and georgians need to know that it's wrong for georgia and our country. >> harris: your thoughts, emily? >> emily: i think it would do well in those clips to play in the time between last night on the actual election in january. the point about politics fatigue or covid fatigue, really the important thing is to draw on voter turnout, a high volume

that's and not for the down ballot so sourcing out, drawing that assertion, and i want to point out that there's really no surrogate like the sitting president of the united states. far more important than those debates is the president. and really rallied in a compelling way, focused on two things which was his accomplishment of the past four years and these g.o.p. senators would help preserve his accomplishments on the past four years by providing the republicans in the senate. and also articulating what would happen if they lost, articulating the court packing and all these things these guys are running on that would be, frankly, terrifying to georgians on the national scale. especially if he does one more right before the runoff. >> kennedy: katie, does it hurt david purdue if he's not coming out and debating?

obviously trying to pull a stunt there last night debating an empty podium. does not have any effect on voters who see david purdue as absent? >> katie: that is a negative. i think it's always a bad idea for a candidate, on the other hand you don't want to give your opponent on any kind of leverage or cut out statements you may have made during that debate. on court packing, when he says he is not focused on it, he's not ready to be a u.s. senator. the job of the senate is the very serious issue of supreme court nominees rate if he is and focused on that he isn't ready to be a u.s. senator. she did a great job of bringing this from a national debate to a local debate, talking about georgia values, and warnock using religion as a weapon

against the very constituents he wants to represent. we are talking about international way which is important but she was very good to bring it back to local, how people are going to be voting in election on january 5th. >> kennedy: that's a very good point, she has to reach out to georggeorgia voters. teachers reportedly being taught that they are racist and live on stolen land. whether the pc police may have gone too far, the heartbreaking video that's gone viral, a restaurant owner on restrictions he must follow and a movie catering tent next door that apparently does not. >> i'm losing everything. everything i own is being taken away from me and they set up a movie company right next to my outdoor patio which is right over here. and people wonder why i'm protesting. ♪

>> harris: a restaurant owner in los angeles when viral, over anger and frustration at an outdoor dining band in a gut punching video. >> tell me that this is

dangerous but right next to me is a slap in my face. that is safe. this is safe. 50 feet away. this is dangerous. mayor garcetti and gavin newsom have been responsible for every single person that doesn't have unemployment, that does not have a job and all the businesses that are going under. and we need your help, we need somebody to do something about this. >> harris: angela is the owner of pineapple hill saloon and grill. she posted that video on social media after a fine doing a movie production catering tent to set up just a few feet from the outdoor dining area she is now not allowed to use. mayor eric garcetti says his heart goes out to employees and

others who have to comply with state and local restrictions. his heart, not his wallet. meanwhile, the white house testing says scientist not support such bands. >> i don't know of any data that says you need to shut down outdoor dining or outdoor bars. we really wanted to limit the indoor crowded places. i think we need to do what's necessary to turn the pandemic but not more. that's not evidence-based. >> harris: can you actually trip when you are power trippi tripping? >> kennedy: yes and eric garcetti has fallen flat on his face. and sadly, angela is 1 of thousands of business owners who are really hurting and or employees are, as charlie pointed out on the top of the show, we are going on nine months now and people have had bits of income but there are people, if they have a chance to

do outdoor dining they will gladly tipped quite well to take care of the servers and business owners they love but they can't do that. and it is antiscience, what is going on here. and eric garcetti is always giving handouts and favors and tax breaks to the entertainment industry and he shouldn't suggest arbitrarily and pick winners and losers and favorites. everyone loses in this scenario and it's not keeping people safe. the negative impact of these type of lock downs are going to go far back when we actually received vaccines. >> harris: it sounds like the hollywood thing, movies over food. >> charlie: no kidding and i think one of the reasons why people are getting so frustrated is because they see there is no reasoning or science backing some of these orders.

by can i fly across country and eat on the airplane but that's the only time i can take off my mask but we are not allowed to have outdoor dining. we know that doesn't make any sense. the reason is because we want to keep the airline industry afloat. we also want to keep our small businesses afloat and when you start to see that if you are able to be in a special relationship with a politician, all of a sudden the virus doesn't impact you as much. we saw the double standard with the blm incorporated riots throughout the summer, i was okay that they were gathering but churches weren't allowed to open. the part of this that is really stunning is if you are big business it seems as if you get treated differently. if you are a big box store, if you are a restaurant able to have normal take out but a small business owner who does not have access to lobbyists and can't get a senator on the phone or a congressman on the phone, they are the ones being targeted and the ones that are not going to be able to survive if we continue with these lockdowns.

>> harris: emily, i feel like if you look at it from 37,000 feet we are also dealing with the issue of worship. i see the use by mayor de blasio, sending police officers to the homes of our jewish community members to see if there were more than ten people inside. it looks like 1945 and it makes me cry every time i see one of those pictures. how can you not say that that's what we're supposed to be doing and we are just supposed to settle for it there but not in these other instances? if you are running a small business it does feel like your whole world including your faith is being shaken. >> emily: that's exactly right, harris. in terms of providing that bird's-eye view, and california, before the pandemic, 1.4 million were employed by the restaurant industry and now 1 million are unemployed or furloughed.

50% of restaurants are owned by people of color in 50% are women. what kills me to see is the classes and that is baked into it, that these restaurants that cannot afford to close are being fined thousands of dollars a day and getting their license is revoked, their lifelines taken away and yet french laundry is sailing along at $350 plate. we are seeing these politicians and their hypocrisy, frequenting these resorts in cabo, we are not seeing them support our visit the small businesses that need our help that comprise 90% of the businesses in the entire united states. >> harris: katie? >> katie: this isn't just about business or business owners, angela talked about the people who work for her, the single mom who hasn't been able to pay her rent. she has another employee who was evicted from their apartment,

who has been couch th couch surfing, these regulations are pushing people into homelessness and despair and i want to go back to the point that charlie made. why is it that the big movie companies get to operate at the restaurant owners don't? it is it the big movie companies have enough money to donate to political campaigns, to the mayor, to the governor? there is corruption going on here, in addition to these politicians ruining the lives of millions of people all across the country. >> harris: fame over food. let's move on. teachers and one of the country's largest school system is reportedly being taught how racist they are. plus, owners of a new york city bus speaking out after one of them was arrested. >> we are here because they are trying to crush the little man.

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>> harris: in the san diego unified school district is reportedly asking teacher to attend white privilege training. that's when they are told they are racist and live on stolen land. the journalist who broke the story says they will also have to teach their students about the advantages of being white in america. the training sessions, after the district said it would become antiracist during nationwide protests against racial injustice over the summer. charlie? how do you legislate will people feel? >> charlie: this is nothing new for those of us that spend a lot of time in higher education and college and universities than we do at turning point usa. this is a thing called critical

race theory. it's being pushed by people, it's been debunked in a variety of different ways, using false history and narrative-driven writings to try to persuade people that america is an awful country which of course the exact opposite is true but young people in particular, are the target of these teachings. the essence is this. it's a hyper racialized way to look at the world. i believe that we should have curriculum that values people's character, not skin color. as soon as we get into conversations around the melanin content in people's skin, nothing good happens after that. it'it seems as if the agenda hee is to divide people and we are only going to see the continued pattern of these sort of radical teachings in our school system until parents start to rise up and the last thing i'll say is this, this is why we are seeing a homeschooling resurgence in our country. parents are seeing this nonsense and garbage, they want nothing to do with it and they are pulling their kids out of school and i say that's a good first

step. >> harris: you know, emily, as a black parent, i see this as furthering a narrative of first you are a victim, then you are american, then you are everything else. and it just is bizarre to me that you would want that conversation to start in a schoolroom, in a classroom where a teacher is, you know, basically accused, condemned and will teach my black child how to be black or how to be white. it's like you are already a victim. >> emily: exactly and keep in mind that half the students in that regular district are below proficiency levels of their subjects allow these teachers are being instructed to go on an apology tour, unfortunately these kids would do much better by actually receiving an education and as charlie points, watching the public school system continue to further the inequities described in this ap tour.

>> harris: kennedy? >> kennedy: it's incredibly divisive and its teaching children to other and also be ashamed of characteristics they cannot change and you know, you made a really good point about intent and what is in your heart. you also don't know when you are talking to some of these children with their family backgrounds are and what the history of mental illness and abuse and drug addiction is in their family. these are things that can shave every one of us and cause bruises and traumas that you can't see. so trying to make someone feel horrible about themselves for something they have no control over is very, very counterproductive. >> harris: all right, we will move on. new york governor andrew cuomo accused of having a "toxic work environment inside his own office. what one former aide has come out with. plus, law enforcement taking on

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♪ >> i have nothing but respect for the nypd and other law enforcement. i think when you find at the end of the investigation, you will find that i did nothing wrong. >> katie: that was danny presti, co-owner of a staten island bar that defied new york city's coronavirus restrictions. according to the local sheriff, when they tried to take him into custody, he got into his car and crashed into a deputy, saying the deputy did not identify themselves and that he doesn't remember hitting anyone. he was released yesterday and today his business partner accused new york governor cuomo and the city's mayor of trying to "crushed the little guy."

it charlie, that's what it seems to be about more and more, the little guy having to pay the price. >> charlie: that's exactly right and you said it brilliantly earlier, the other issue no one is talking about here is the corruption issue. if you are a special interest owner to one of these governors or mayors or one of the special interest groups, you are treated differently. if it was really about shutting down businesses for the sake of stopping the spread of the virus there would've been outrage when all the people took to the streets as soon as joe biden was declared the winner a couple weeks ago. instead people celebrated that. the biggest businesses out there, the biggest businesses seem to get carve outs and handouts and i just want to say i applaud a lot of these small business owners that peacefully push back against this because they have no other recourse. they have waited patiently, they've gone through the right process and they are seeing their life savings completely and totally disappear and this is only going to further the

looming class warfare that's coming in our country. it's going to be a lot easier for bernie sanders and aoc to make their sales pitches if there is no middle class anymore through taxation inflations and lockdowns. >> katie: charlie, you mention to the class issue, the elite as a miss you. let's take a listen to what pete davidson had to say about that on "snl." >> the rule is that they are supposed to let people eat or drink outside and the owner said no one wants to do that because they will go out of business. the argument that people of staten island don't want to drink outside can be disproven to going to any little league game. yeah, man, they are making us look like babies. >> katie: emily, the elitist hollywood types, their response to the little guys losing their livelihoods and all their employees is to make fun of them and to stereotype them. >> emily: yeah, that mocking is really disheartening and especially at the press conference held today, they addressed it, they talked about

it, about the staten island or is and feel about it, including the king of staten island and it's important to know if her viewers as well that they categorically deny the sheriff's department categorization of what occurred, they say they have video about two and a half minutes of the 4 minutes in question, obviously arrested and charged with reckless endangerment, unlawful fleeing and they dispute to the broken tibia and say look, he just hurt his ankle, accosted by two guys in plainclothes, no one had identified themselves and they are conducting an investigation. i think it's important for us to stay on the stories until the investigation's conclusion plays and we don't automatically come in we but people don't automatically vilify this man as i think a narrative is trying to do. >> katie: the legal team for the establishment is taking a step back, they say they are regrouping to figure out what their next steps are.

>> kennedy: that makes sense. it's always a bad look to hit a sheriff's deputy with your car but there obviously were so many cell phone cameras there that all they have to do is piece that together and we will get the real story. it just goes to show you, people are frustrated and they feel like the government is not looking out for them. >> katie: harris, final thoughts? >> harris: i go back to the nursing homes on the east coast, i look at the small business owners across america, they are not the loudest and biggest voices in the room unless we listen to their stories and amplify them when those stories bear out and the fact is right now, someone is picking winners and losers. i want to know about any kind of chain of money between politicians and who they are choosing to help out. i'm not saying it exists, i'm just saying i want to find it if it does. that's my job.

speech a great point. all right. speaking of politicians, former aide for new york governor andrew cuomo claiming the work environment in his office is beyond toxic. after a tense exchange with an importer. reported. details on that up ahead. >> we are now going to override, we did it already, that's the law. follow the facts. then you are confused. ♪ but did you know that your va benefit lets you easily refinance to a lower rate? one call to newday can save you $3000 a year. with newday's va streamline refi there's no income verification, no home appraisal, and no out of pocket costs. it's the quickest and easiest refi they've ever offered. call newday now.

>> what are you talking about? you're now going to override? we did it already. that's the law. an orange zone and a red zone. follow the facts. >> i'm confused. >> you're confused. >> parents are confused as well. >> they're not confused. you're confused.

read the law. you won't be confused. >> oh, such a big tough guy. that's new york governor andrew cuomo getting into it with a reporter and now a former cuomo aide said his office has the most toxic work environment. lindsey boylin says there's a book of people that have been harmed. and the same group he's had by him the whole time doing his dirty work, if you're not with him, your life is disspiriting. and boylin said she tried to quit three times before finally leaving. emily, this is a woman who is seeking some attention and she's found it. are these claims believable do you think? >> we'll see. i think it's important to note that she's said once she came out publicly she was sort of

barraged by a ton of texts and people reaching out that had encountered the same thing. former employees of governor cuomo. it remains to be seen whether they will go public as well. >> i've heard his staff tell people, watch your back in terms of crossing the governor, katie. what can we expect from miss boylin? >> sounds like he's in the business of retaliation against anybody that speaks out against him, which i'm sure is illegal in the state of new york for retaliating against those that complain about a work environment that is not exactly on par with how you should be treating employees. we'll see what is to come on the environment that cuomo has in his office. >> all right. so are you surprised that given how irresponsible the governor has been in terms of his covid responses, particularly with nursing homes, that he's getting accolades at all? >> yeah. look, that clip you just played is not an emmy-winning

performance. it's not playing the part. look, i have very little patience for andrew cuomo after the nursing home deal. he writes a book in this as if he's a hero worthy of praise. so i think he's more than deserving whatever criticism people have towards him and i think it's an absolute disgrace what he's done the last nine months and now tries to act a hero of it. it's the worst when you have a state like new york and act as if you've done a perfect job. >> we'll see what happens with lindsey's career. she may have touched something off. a lot of people may come forward with their very own stories. thanks to charlie kirk and emily and katie for sharing the virtual couch this glorious monday. now here's harris. >> harris: the gloves came off in georgia during a fiery debate between two of the senate candidates ahead of the critical

run-off elections. this is "outnumbered overtime." i'm harris faulkner. today is the deadline for georgia residents to register to vote in next month's run-off races. they will determine the control of the u.s. senate and the direction of america. senator kelly loeffler and her democrat opponent, raphael warnock were not holding back last night. >> i cannot stand by and let georgians not know who my opponent is, how radical his views are and how he would fundamentally change hour country. he's out of step with georgia's values. >> it's clear to me that my opponent is going to work really hard spending millions of dollars of her own money trying to push a narrative about me because she's clearly decided that she does not have a case to be made for why she should stay in that seat. >> harris: meanwhile, president trump held a