DA says cities can levy fines rather than press charges for violations of new order
District Attorney Dan Dow.
‘There is no sense in labeling a business owner or a business as a criminal for choosing to keep their business open,’ DA says
–San Luis Obispo County District Attorney Dan Dow on Tuesday released the following statement in response to questions from the SLO Tribune:
I was approached recently by the City Attorney for San Luis Obispo 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. 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. For instance, if a business has 5 employees and 10 customers in their shop in violation of the ‘order’, then the city can assess that business a fine of $15,000. 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.
Families and businesses in our county are struggling to keep their head above water and survive financially. 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.
Dan Dow, San Luis Obispo County District Attorney
