Are you saying that Newsom should write guidelines specifically for Disney and Universal to open, but intentionally exclude other theme parks? Alternatively, I suppose he could write regulations "for everyone", but in in a way that deliberately makes it impossible for smaller theme parks to comply. Either approach seems ripe for its own litigation. Can you imagine if only large chain restaurants perceived by the state as being able to "do it right" were allowed to open, but mom-and-pop's were told no because the powers that be don't think they can be just as responsible?
ETA: I know all of us here think Disney is in a league of its own, but it's really not. It's part of an industry, the same way that Applebees and Scarpetta are both part of the restaurant industry. The state didn't write one set of guidelines for 4-star restaurants, and a separate set for low-cost family dining, no matter how your average restaurant-goer feels about the relative safety of one over the other. I believe the same will apply to theme parks.