Pushback Updates On The Lockdown

Sheriffs announcing they will not enforce stay-at-home orders since my last post:

• Merced County CA
• DuPagr County IL
• Genesee County MI

Municipalities:

• Kelso WA City Council
• New Mexico County warned
• Atwateer, CA unilaterally ends lockdown
• Big Bear Lake, CA

In Illinois, a complex dance seems to have taken place. Gov Pritzker issued an order that would impose class A misdemeanor penalties on businesses that violate his lockdown order. He said the state police would enforce the order, presumably because so many local sheriffs were announcing they would not.

In reply to these officials, Gov. Pritzker warned he would send the state police in to enforce his rules.

“Counties that try to reopen in defiance, may not be reimbursed by FEMA for damages they cause because they ignored the law,” Pritzker said adding, “Local law enforcement and the Illinois State Police can and will take action.”

However, the Illinois state police then announced they would not in fact enforce such an order. The result was that, at least temporarily, Pritzker recognized that without the willingness of the legislature to enact his order into law, he couldn't impose it unilaterally. One of the most stubborn "blue" governors was at least forced to a draw.

This essay draws the most important lesson from such episodes.

The extent and severity of the COVID-19 economic shutdowns vary from place to place, but the one thing almost all of them have in common is that they're not really enforceable.

We may have reached the point where most people are realizing that.

. . . Since forcibly quarantining 330 million people was never really possible, the lockdowns that have wrecked the economy and slowed the spread of COVID-19 over the past two months were ultimately based on voluntary compliance.

. . . The biggest benefit that comes from lifting stay-at-home orders is an end to the charade that such lockdowns can be enforced. Kemp didn't "reopen" Georgia. All he did was give people consumers and businesses permission to choose their own acceptable levels of risk—something they're doing anyway in every state.

The decision of the Minnesota bishops (as well as some Lutheran Church Missouri Synod parishes there) to reopen public celebrations is actually the most visible event up to now in which a unified public faction, as opposed to individual protesters, has deliberately withdrawn its voluntary cooperation with the shutdown orders. (As of this posting, I'm not aware of any public response from Gov Walz.) My guess is that we'll see additional actions of this type.

The best alternative will be for a consensus to emerge in which governors and municipal authorities recognize that it isn't in their interest to foster disrespect for pubic order, recognize that voluntary cooperation is the best remedy for the perceived problem, and allow businesses, churches, athletic organizations, and other institutions to develop strategies that allow individuals to choose their level of acceptable risk.