Sunday, May 17, 2020

More Sheriffs Announcing They Will Not Enforce Stay-At-Home Orders

Every few days, I've been doing a quick web search to see if additional county sheriffs have announced they won't enforce stay-at-home orders, and in fact more have. An Illinois sheriff explained the legal grounds for this decision:
Winnebago County Sheriff Gary Caruana says that while he isn’t encouraging people to defy social distancing norms, but his department won’t enforce Gov. JB Pritzker’s stay at home order.

“We get calls for that. You’re not social distancing, you’re not wearing your masks,” Caruana said. “We’re not responding to the personal protection equipment type-thing. We’re not the personal protection police. We’re staying away from that.”

Caruana says that since the Governor’s stay-at-home order isn’t a statutory law, his department won’t enforce it.

These new sheriffs have come up on my latest web search. As before, the list isn't exhaustive, but it's an indication of a growing movement, and it's clear that other jurisdictions, while not making official announcements, are either rolling back previous enforcement policies or looking the other way at violations.

In addition,

New York City Mayor Bill de Blasio today announced police will no longer require people to wear masks in public, unless the absence of a mask presents a "serious danger."

The decision is part of a "reset" of the NYPD's enforcement of emergency rules during the pandemic, following a number of controversial encounters between officers and members of the public, some of them caught on video. The most recent was a confrontation between officers and a woman in a subway station, over whether she was wearing her mask properly.

At the same time, de Blasio says police will continue to enforce rules against large gatherings, because he says it's a matter of "saving lives."

Advocacy groups have complained that the NYPD's social distancing enforcement has been unfair and even racist, because about ninety percent of the people arrested in encounters related to social distancing enforcement have been black or Hispanic.

On the other hand, wealthy Upper East Side New York residents are allowed to enter restaurants for dine-in and consume alcohol on public sidewalks. But in response,
New York City Mayor Bill de Blasio said Sunday morning that the Big Apple's beaches will not open on Memorial Day and he's not comfortable with people gathering outside bars.

. . . De Blasio said walking on beaches is permitted, but if people start to swim or defy social distancing guidelines then the city will take more drastic measures and put fencing in place to keep people out.

As Abraham Lincoln said, "The best way to get a bad law repealed is to enforce it strictly."

Elsewhere, in Coldwater, MI,

Cars were lined up for an estimated quarter mile or more to get into the Capri Drive-in Theater Friday, May 15, when it opened in defiance of Gov. Gretchen Whitmer’s stay-at-home order.

. . . The family drive-in theater is in a category of businesses that the governor’s office says is temporarily prohibited as part of an executive order. Whitmer’s order to shelter in place and all non-essential businesses be shuttered isn’t set to expire until May 28.

But the Capri opened for the first time Friday, several hours after Whitmer’s remarks.

. . . Before the event, Branch County Prosecuting Attorney Valerie White said all the police agencies with jurisdiction were aware of Capri’s plans to open. She said the business reported it to the prosecutor.

The business has been educated and warned about the possible consequences of operating, Branch County Undersheriff Keith Eichler said on May 15. Police would only respond if they receive a complaint, he said on Friday before the theater opened.