Almost every state has issued a “stay-at-home” or similar order during the COVID-19 pandemic. (Your state might refer to the order by another name, such as a “shelter-in-place,” “safe-at-home,” or “safer-at-home” order.)
As these orders continue to be extended and amended, state and local governments must update and educate the public on what can and can’t be done under these orders and why these measures are needed. Government officials and law enforcement have asked the public for voluntary compliance but, at the same time, are warning citizens that violations can result in civil or criminal penalties, fines, or even arrest.
The level of enforcement of these orders varies widely depending on where you live. Some cities plan to use citations (similar to a speeding ticket) and arrests only as a last resort. Others encourage law enforcement to prioritize certain violations, such as business violations. But overall, we’re seeing enforcement measures being taken.
What Is Prohibited Under Stay-at-Home Orders?
Many state and local governments issued stay-at-home orders in March or April. These orders vary—so it’s best to check your city, county, and state for details of orders that apply to you. Some cities and counties have local orders in place that are stricter than, or in addition to, the statewide order. (If restrictions vary between your state and local orders, follow the more restrictive order.)
By and large, stay-at-home orders direct people to:
- stay home if ill or having any COVID-19 symptoms
- work from home, if possible
- limit travel to essential activities, such as seeking medical care, buying groceries and household supplies, or caring for a sick family member
- maintain social distancing requirements in public areas, and
- engage in outdoor activities close to home.
Some states require or request that citizens wear masks or face coverings when they are in public, taking public transportation, or riding in taxis or ride-share vehicles. Traveling to a second residence or vacation home (even in-state) is prohibited by some orders. In a few states, governors have begun lifting restrictions—little by little.
Why Are States Requiring Citizens to Stay Home?
As the weeks turn into months, it’s important to remember why officials are asking citizens to stay home. State and local governments have issued and extended stay-at-home orders not only to prevent the spread of the virus but also to limit the strain on emergency responders and hospitals.
Limit community spread. Many states have closed dine-in restaurants, theatres, bars, gyms, beaches, schools, and large venues to prevent community spread of the virus. Stay-at-home orders are also directed at limiting the spread of the virus within and to other communities.
Limit strain on small communities. States also ask citizens to limit travel to and from different communities. Especially in smaller communities, health facilities might not have the capacity to respond to an outbreak. The local hospital might have one or two ventilators and intensive care unit (ICU) beds. An influx of citizens traveling to vacation homes or resort areas can easily overwhelm local resources.
Limit pressure on emergency responders. Travel to and from locations also presents the risk of vehicle accidents and breakdowns and the need for patrol officers—all of which can put additional strain on law enforcement and emergency services. Some areas are also restricting access to outdoor recreation areas to reduce the risk of accidents that could require emergency services.
What Are the Penalties for Violating a Stay-at-Home Order?
The penalties for violating stay-at-home orders vary by jurisdiction. But often, the stay-at-home order will specify the penalty for a violation or reference a state statute. Wisconsin’s Safer-at-Home order provides that a violation is punishable by up to 30 days’ imprisonment, a $250 fine, or both. California’s stay-at-home executive order states that violations can be enforced under section 8665 of the Government Code (which provides a misdemeanor penalty).
You need to look at your local and state stay-at-home order to see what penalties apply. Many government websites have a frequently asked questions (FAQ) section that explains the order. Check out Nolo’s 50-state tracker to find links to government COVID-19 response pages.
Penalties
In many jurisdictions, it’s a misdemeanor to violate a stay-at-home order. Misdemeanor penalties vary by state but, typically, are punishable by 30 days to a year in jail. A misdemeanor can also result in a fine, community service, probation, and restitution. An officer can issue a citation or arrest you for a misdemeanor. Some stay-at-home violations result in civil penalties or an infraction (fine-only offense). An officer can also issue warnings or compel (force) compliance with the order.
Enforcement
Here’s how enforcement of an order might look. Say an officer sees a large group gathering at a park that is closed and roped off with police tape. The officer tells the group they are violating the stay-at-home order and asks the group to break up and go home. Some members of the group obey the officer’s request, but several people refuse to leave. At that point, the officer issues individual citations to those refusing to leave. She warns them that any person who remains at the park in violation of the order will be placed under arrest.
State and local governments hope that education will lead to voluntary compliance with stay-at-home orders. Arresting and jailing violaters not only puts the officer at risk of COVID-19 exposure but also places the arrestee at risk. Across the country, jails are seeing coronavirus outbreaks due to their inability to social distance and implement adequate hygiene requirements.
How Do I Report a Possible Violation of Stay-at-Home Order?
Before reporting a possible violation, check the website for your local police department or city, county, or state government to see how it’s handling citizen reports.
Many local police and sheriff departments have become overwhelmed with pandemic-related questions and are asking citizens to use a dedicated hotline, email address, or online form to report suspected violations. Some local governments are asking citizens to contact a local public health agency to report a violation.
If you’re not able to find a hotline or online form for reporting violations, contact the city or local police department’s non-emergency line. (Calls to 911 should be limited to emergencies only.)
Talk to a Lawyer
If you have questions regarding your city, county, or state’s stay-at-home order, contact an attorney to assist you. Businesses, in particular, might want to seek the advice of an attorney to ensure they are following the orders correctly to avoid possible fines or license revocations.
