No mask, pay a fine? Bay Area starts moving to enforce coronavirus rules
As California’s coronavirus cases and deaths continue to rise, some Bay Area officials are threatening to crack down on those who refuse to wear masks and practice social distancing — hoping to stop the virus before it overwhelms our health systems.
Napa and Marin counties were the first to approve fines of up to $500 for people who refuse to comply with state and local health orders, but officials in some other jurisdictions now say they’d like to see that extended throughout the region. That would be a significant shift — so far, officials have relied mostly on voluntary compliance, with very little enforcement.
For others, the existing rules aren’t enough. Sen. Steve Glazer, D-Orinda, on Thursday called on Gov. Gavin Newsom to reinstate his original shelter-in-place order. He urged the governor to close down all nonessential businesses in counties that have had a positive test rate of more than 2% over two weeks.
“It’s clear that we have lost control of the coronavirus plight,” Glazer said, “and you don’t have to look very far to see it in the numbers.”
With experts warning of overwhelmed hospitals and sky-high body counts, Marin County will start handing out fines of $25 to $500 to people who, after multiple warnings, won’t wear masks or social distance. Businesses can be fined between $250 and $10,000 for failing to comply with health orders, though county officials still intend to focus on education first.
These new fines are actually less punitive than those in other parts of the region. Throughout the rest of the Bay Area, violating a health order is grounds for a misdemeanor citation, a criminal charge that comes with a hefty fine and possible jail time.
“That’s a clunky mechanism,” said Katie Rice, president of the Marin County Board of Supervisors, which voted Tuesday to authorize the new administrative fines. “It’s slow. It’s resources-intensive. And frankly, it was probably overly punitive.”
Law enforcement officers are reluctant to hand out such heavy punishments for mask and social distancing violations, particularly now with cries of “defund the police” ringing in the streets, said Sgt. Ray Kelly, a spokesman for the Alameda County Sheriff’s Office.
“Law enforcement as a whole is not jumping to go do this kind of work and have our communities get any angrier at us than they might already be,” he said. “We’re not interested in being the mask police.”
Alameda County hasn’t prosecuted anyone for violating the health orders, said Teresa Drenick, a spokeswoman for the District Attorney’s Office. Contra Costa County has forwarded one case to its District Attorney — a Richmond pastor who insisted on holding services Easter Sunday and is still being investigated. Oakland police haven’t issued any citations either, spokeswoman Johnna Watson said. But San Francisco police have issued 123 warnings and 26 citations.
Alameda County Sheriff Gregory Ahern would like to see his jurisdiction follow Napa and Marin counties, Kelly said — treating health order violations as an infraction similar to a parking ticket rather than a misdemeanor.
Santa Clara County’s health referral hotline has received nearly 10,000 complaints, ranging from neighbors having barbecues to businesses operating in violation of local restrictions. But local police departments have issued fewer than 50 citations, and none has led to charges. In most cases, a phone call is enough to bring rogue businesses into compliance, Alvarado said. If businesses don’t comply, they could be subject to misdemeanor charges carrying up to 90 days in jail and fines ranging from $50 to $1,000 per day.
“We’ve had an incredible amount of compliance,” Alvarado said, “and it mostly is because our communities have enforced it for us by reporting businesses that they see open.”
“Most of the people are cool with wearing their masks,” said 28-year-old David Daberdaku. He and his father own and operate Luigi’s Deli and Market on Main Street in Martinez.
A small percentage of customers — no more than one in 10 — have to be reminded to put their face coverings on, Daberdaku said.
Would increased enforcement help the Bay Area escape further coronavirus disaster? UCSF epidemiologist Dr. George Rutherford III isn’t sure. It could lead to more widespread mask adoption, he said, or just become a “flashpoint” in the increasingly polarized coronavirus debates.
Instead, Rutherford suggested using “opinion leaders” to speak directly to their communities about the importance of wearing a mask — like Warriors’ darling Steph Curry has done in the past.
“I hate to put everything off on Steph Curry, but that’s who you want in this area,” Rutherford said, laughing. “Famous good guys say: ‘Wear masks. Don’t be a jerk.’”
https://www.mercurynews.com/2020/07/23/no-mask-pay-a-fine-bay-area-starts-moving-to-enforce-coronavirus-rules/