Police chief responds to questions about enforcing new 10 p.m. curfew
–Paso Robles Police Chief Ty Lewis issued a statement Friday morning about how the city will deal with enforcement of Gov. Gavin Newsom’s new 10 p.m. curfew that begins Saturday. The state curfew was issued Thursday amid surging cases of COVID-19. Additionally, San Luis Obispo County issued a statement on Thursday encouraging residents to get at-home testing before Thanksgiving.
I’ve been receiving lots of inquiries about the new curfew order. Here was my response to the news and what I shared with city staff.
The California Police Chiefs leadership attended on a conference call with CalOES today regarding the enforcement of the governor’s new Limited Stay at Home order. The California Department of Public Health’s announced that they are issuing a Limited Stay at Home Order that directs that non-essential activities should cease between 10:00 pm and 5:00 am with exemptions for essential workers and businesses.
The order is for those counties in the purple tier, and is expected to be in effect until December 17th. There were many questions about enforcement as many see the order as unconstitutional, and unenforceable, and violation is a simple misdemeanor. Our DA has already indicated he will not file criminal charges on these executive orders except in the most egregious of circumstances.
The biggest question surrounds the potential for protests because there is a feeling that the order will invite and incite protests against it during the “curfew” hours and how is law enforcement supposed to react to those. Cal OES is putting together some answers to these questions that they will be sharing with me that I will in turn share with you.
The Sheriff sent the following response on this matter:
In response to the Governor’s curfew order, the Sheriff’s Office will continue its mission to focus on significant criminal matters. Deputies will not be making traffic/pedestrian stops to determine the comings and going of citizens during those stated hours. However, the Sheriff’s Office will take appropriate action on large egregious gatherings flaunting the curfew mandate. 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.
Paso Robles Police Chief Ty Lewis
Limited Stay At Home Order
Upon assessment of the recent, unprecedented rate of rise in increase in COVID-19 cases across California, the California Department of Public Health (CDPH) is taking immediate actions to prevent the spread of the virus. These immediate actions will help reduce community spread, protect individuals at higher risk of severe illness or death from COVID-19, and prevent the state’s health care delivery system from becoming overwhelmed. Reducing movement and mixing of individual Californians is critical to decreasing transmission, hospitalizations, and deaths.
Therefore, as the State Public Health Officer, I am issuing a Limited Stay at Home order, effective in counties under Tier One (Purple) of California’s Blueprint for a Safer Economy, requiring that all gatherings with members of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other households cease between 10:00pm PST and 5:00am PST, except for those activities associated with the operation, maintenance, or usage of critical infrastructure or required by law. This order does not apply to persons experiencing homelessness. Nothing in this order prevents any number of persons from the same household from leaving their residence, lodging, or temporary accommodation, as long as they do not engage in any interaction with (or otherwise gather with) any number of persons from any other household, except as specifically permitted herein.
This Limited Stay at Home Order will reduce opportunities for disease transmission with the goal of decreasing the number of hours individuals are in the community and mixing with individuals outside of their household. Every intervention to decrease mixing of households is critical during this unparalleled increase in case rate rise of about 50 percent during the first week in November. In particular, activities conducted during 10:00pm to 5:00am are often non-essential and more likely related to social activities and gatherings that have a higher likelihood of leading to reduced inhibition and reduced likelihood to adhere to COVID-19 preventive measures (e.g., wearing face coverings and maintaining physical distance).
This order shall take effect on November 21, 2020, at 10:00pm PST.
For counties that move into Tier One (Purple) after the effective date of this Order, the terms of this Order shall apply at 10:00pm PST on day two after the county is assigned to Tier One (Purple). For the purpose of counting days, day one shall be the first full day following the date of the tier assignment.
This order remains in effect until 5:00am PST on December 21, 2020, and may be extended or revised as needed.
This order is issued pursuant to Health and Safety Code sections 120125, 120130(c), 120135, 120140, 120145, 120175,120195 and 131080; EO N-60-20, N-25-20, and other authority provided for under the Emergency Services Act; and other applicable law.
Erica S. Pan, MD, MPH
Acting State Public Health Officer