Using a public swimming pool is not an affirmed right. The right to move freely, peaceably assemble, life, liberty, and the pursuit of happiness are. Spreading a virus is only considered a criminal or civil violation under very narrow circumstances.
People get sick, it is to a very large extent out of anyone's control to stop that. There are reasonable safeguards we can all take, and if you think the threat is high enough, you can take more extreme precautions to protect yourself. No one's liberty should ever be contingent on the number of hospital beds available, or whether or not a virus is floating around. There is risk in everything we do, the Government's job is not to tell us the level of risk we should find acceptable. Liability and societal sharing of the burden of risk are two edged swords, now we're getting cut with the other sides.