Will SLO County sheriff, DA enforce stay-at-home order? Agencies won’t ‘criminalize people’
San Luis Obispo County’s top law enforcement officials said Tuesday their agencies will not aggressively investigate or prosecute violations of California’s COVID-19 regional stay-at-home order except in the most egregious of cases.
Joining a growing number of Southern California sheriffs speaking out against the order, which directs residents to leave their homes only for essential tasks to quell the spread of coronavirus, San Luis Obispo County Sheriff Ian Parkinson and county District Attorney Dan Dow told residents in separate statements that they will not criminalize them for bending the rules, within reason.
On Tuesday afternoon, the county Sheriff’s Office posted a message from Parkinson on social media saying that the agency will “continue its mission to focus on significant criminal matters.”
“Deputies will not be making traffic/pedestrian stops to determine the comings and goings of citizens during this time,” Parkinson wrote. “We will not be responding to calls for service based solely on non-compliance with the new order.”
But Parkinson wrote that the Sheriff’s Office “will take appropriate action on large gatherings which flaunt the order.”
“Additionally, the Sheriff’s Office will continue its protocols, like we have with the business community, to ask for voluntary compliance when dealing with these matters and to protect people that are most vulnerable,” he wrote. “The Sheriff’s Office will not jeopardize the safety of this community and criminalize people who are trying to preserve their mental, physical, and financial health.”
Parkinson did not say what prompted the announcement.
In response to questions from The Tribune about local gyms and fitness centers banding together to defy coronavirus restrictions and stay open, Dow on Tuesday afternoon gave his own statement addressing the stay-at-home order.
In it, Dow said he was recently approached by San Luis Obispo city attorney Christine Dietrick “regarding potential referrals to my office for misdemeanor charges against Kennedy Club Fitness.”
“I indicated to Ms. Dietrick that the city must show that they have exhausted all civil remedies against the business prior to this office considering issuing a criminal charge,” Dow wrote. “Ms. Dietrick advised me that the city of San Luis Obispo can assess an administrative civil fine of $1,000 per person, per violation, per day.”
As an example, Dow wrote, if a business has five employees and 10 customers in their shop in violation of the order, the city can assess the business a fine of $15,000. Dow said he was told the city could “do the very same thing each day they find such a violation.”
“If the city is truly interested in ensuring compliance by Kennedy Club Fitness or any other business for violating coronavirus restrictions, they have ample effective methods to do so administratively without asking my office to punish the business as a criminal,” Dow wrote.
“Families and businesses in our county are struggling to keep their head above water and survive financially,” he continued. “There is no sense in labeling a business owner or a business as a criminal for choosing to keep their business open in a manner that adequately protects their customers — who, by the way, are not being forced to enter their business.”
Both elected officials have been critical of anti-coronavirus measures.
In July, Parkinson downplayed the usefulness of wearing face masks and encouraged resident to use “personal responsibility” to combat the virus during a North County Tea Party meeting.
Dow has repeatedly said that he will not bring any criminal charges against congregates of large, faith-based gatherings.
The stay-at-home order is currently expected to last through the Christmas holiday.
What does new stay-at-home order mean for SLO County?
Under new state regulations tied to intensive care unit capacity, regions in California with low ICU capacity will face more severe restrictions.
San Luis Obispo County is considered to be part of the Southern California region — along with Imperial, Inyo, Los Angeles, Mono, Orange, San Bernardino, San Diego, Santa Barbara and Ventura counties.
According to data released Tuesday, 48.9% of San Luis Obispo County ICU beds were available.
In San Luis Obispo County, there are 53 intensive care unit beds and 369 hospital beds. Three of SLO County’s ICU beds are occupied by coronavirus patients. A total of 14 SLO County residents are currently hospitalized due to COVID-19, according to ReadySLO.org.
Even though San Luis Obispo County’s ICU availability isn’t considered low, the ICU availability in the Southern California region means that the county falls under a new stay-at-home order.
The stay-at-home order, which went into effect just before midnight Sunday, will remain in place for at least three weeks.
Under it, local retail stores are limited to 20% capacity inside. Restaurants are closed to indoor and outdoor dining, and bars, wineries and hair salons are required to close. In addition, places of worship will only be allowed to have outdoor services.
In response, San Luis Obispo County is pushing for the state to separate it from the Southern California region.
San Luis Obispo, Santa Barbara and Ventura counties are jointly petitioning the state to form a Central Coast region under California’s regional stay-at-home order.
