ROSEVILLE (CBS13) — Some Placer County businesses say if they close now, they’ll never open again.

“We’re going to fight for our right to be alive,” said Matthew Oliver with House of Oliver in Roseville.

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He has never closed his doors. Other restaurants from Lincoln to Roseville are also staying open. They say it’s the only way to survive.

“More and more restaurants are taking a stand,” said Oliver.

Oliver is calling for data that shows outdoor dining contributes to transmission rates. The most recent information is out of New York, which found restaurants have been linked to 1.4% of coronavirus outbreaks.

“They have improperly used the data for control and for influence,” he said.

The Placer County Board of Supervisors, which previously vowed to not enforce the state health orders, is planning to sue Gov. Gavin Newsom over his order.

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Board Chair Bonnie Gore says the county should decide what stays open.

“It’s not just about businesses staying open, it’s about making sure people can survive,” she said.

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But diners have mixed reviews on what’s right when county ICU capacity is running low. As of Thursday afternoon, Placer County reported only 3.1% ICU beds are available.

Dave Reynolds from Granite Bay, said, “By staying open and it drags it out, I don’t know who wins then.”

Valerie Nevis from Yuba City disagrees saying, “If we can go to the big box stores we should be able to sit down and have a meal.”

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It’s the same story in San Joaquin County where the battle to stay open is spearheaded by Dino Ballin at Pomp Salon. His campaign “Sorry we’re open,” is encouraging salons and restaurants to defy the order.

After a surprise visit from his state licensing board yesterday, he said the agent left with a positive review on safety, no fines, and no warnings about being open.

“She wrote in the notes section the signage that she had seen, the hand sanitization station that was there, wished us well and good luck and left,” he said.

In Placer County, the board ultimately decided instead of using resources to file its own lawsuit, it would file motions to support other counties like Sutter, who are suing.

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