SLO County now has a curfew. What would it take to violate it?
Gov. Gavin Newsom announced Thursday that counties in California’s purple tier, including San Luis Obispo County, will have a 10 p.m. curfew beginning Saturday.
However, several local law enforcement agencies have said only those who are repeatedly and flagrantly breaking the curfew will face consequences.
Under the new order, nonessential activities, such as outdoor dining, will not be allowed between 10 p.m. and 5 a.m.
People will still be allowed to leave their homes to walk pets and pick up takeout orders from restaurants, for example.
“The state’s limited stay-at-home order is disappointing,” Dr. Penny Borenstein, county health officer, said in a news release Thursday. “We don’t expect this to severely impact the SLO County community at this time as most routine activities do not occur between the hours of 10 p.m. and 5 a.m.”
The curfew will last until at least Dec. 21, according to the county.
According to the county news release, the curfew, or limited shelter-at-home order, is meant to limit nonessential, social gatherings where people may not adhere to safety guidance.
The state announced Thursday that while this is a state mandate, local governments will take the lead on enforcement.
Some local law enforcement agencies are waiting for more information before they take action, while others have said the curfew will not be their main priority.
The San Luis Obispo County Sheriff’s Office will continue to focus on “significant criminal matters” and address curfew violations only when necessary, according to Sheriff’s Office public information officer Tony Cipolla.
“Deputies will not be making traffic/pedestrian stops to determine the comings and goings of citizens during those stated hours,” Cipolla wrote in an email to The Tribune. “However, the Sheriff’s Office will take appropriate action on large egregious gatherings flaunting the curfew mandate.”
Cipolla also said the Sheriff’s Office will request cooperation from businesses who are breaking curfew.
“We will be asking for voluntary compliance from the business community, but will take appropriate action if there are repeated or flagrant violations,” Cipolla wrote.
Pismo Beach police chief Jake Miller shared a similar sentiment to Cipolla.
“We will respond to large gatherings that do so to purposely disobey the mandate,” Miller said. “(The Pismo Beach Police Department) will continue to educate, advise and inform the public of current orders, recommendations, and mandates. “
However, the South County agency will not pull over and cite people who are out and about after 10 p.m., he said.
The city of San Luis Obispo encouraged people to follow guidelines and clarified how the curfew would be enforced within the city in a Friday news release.
“This is a time for our community to come together to protect those most vulnerable and support our health care workers and protect the people and the community we love,” SLO city manager Derek Johnson said in the release. “By taking these actions now, we will slow the spread so we can move forward as a community.”
Violations of the curfew will be enforced by Code Enforcement and the San Luis Obispo Police Department.
“Our officers will continue to take an education and voluntary compliance approach when contacting those in possible violation of both the new mask and limited stay at home orders,” Capt. Brian Amoroso said in the release. “However, the community can expect citations to be issued when egregious and willful violations are observed, or warnings go unheeded.”
Paso Robles police chief Ty Lewis said the Paso Robles Police Department’s response will require more guidance from state and local officials.
“I would need more information from the governor with respect to whether this is martial law, an executive order or the exact authority to enact a curfew,” Lewis told The Tribune. “Certainly our city leadership would need to weigh in. This isn’t a a decision I would make alone”
Lewis said the California Police Chiefs leadership attended a conference call with the California Governor’s Office of Emergency Services to better understand the enforcement of the order.
“There were many questions about enforcement as many see the order as unconstitutional, and unenforceable, and violation is a simple misdemeanor,” Lewis said. “Our (San Luis Obispo County district attorney) has already indicated he will not file criminal charges on these executive orders except in the most egregious of circumstances.”
According to Lewis, law enforcement agencies are most worried about the order sparking protests against the curfew after 10 p.m. He said the Office of Emergency Services is expected to respond in the coming days.
Cal Poly spokesperson Matt Lazier said the Cal Poly University Police Department is still “discussing how to approach the state’s orders.”
The San Luis Obispo Police Department was unavailable for comment as of 5:30 p.m. Thursday.
This story was originally published November 19, 2020 at 6:19 PM.
