I don't see how he could be arrested given that none of this lockdown was implemented in criminal statute law.
Fined, maybe, but even fines can be reversed by courts.
Fined, maybe, but even fines can be reversed by courts.
Yes, all of it was. Or, more precisely, it was implemented under statutory authority of county and state public health officials whose orders are enforceable under preexisting criminal statutes and do not require additional criminal legislation for each new order.
In fact, Newsome's Executive Orders refer only to GOV § 8567, which only refers to procurement powers of state agencies. It specifically does not create any criminal statute, which in CA happens to be a very involved process including traversing multiple legislative committees.
In other words, he could trigger a process to confiscate your steel if he can establish urgent necessity for all of it, but he can't make it a crime to build a car. You're flat wrong on this.
This is both false and irrelevant; it's false because Newsom’s 39 (to date) executive orders relating to COVID-19 (they are almost daily) reference more than just that section—i.e, the first, EO N-25-20 (3/12/2020), references government code sections 8567, 8571, and 8572 [0]; but more to the point it's irrelevant because while the EOs have some importance in state COVID-19 response, they aren't the shelter-in-place order, which is a Public Health Order issued by the State Public Health Officer / Director of Public Health on March 19, 2020 [1], citing Health and Safety Code Sections 120125, 120140, 131080, 120130(c), 120135, 120145, 120175 and 120150, which pertain to the power of the Department of Public Health to issue such orders and the obligation of local officials to enforce them.
[0] https://www.gov.ca.gov/wp-content/uploads/2020/03/3.12.20-EO...
[1] https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20...
http://www.acphd.org/media/572718/health-officer-order-20-10...
To quote it: "Pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all chiefs of police in the County ensure compliance with and enforce this Order. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both."
26602. "The sheriff shall prevent and suppress any affrays, breaches of the peace, riots, and insurrections that come to his or her knowledge, and investigate public offenses which have been committed. The sheriff may execute all orders of the local health officer issued for the purpose of preventing the spread of any contagious or communicable disease."
41601. "For the suppression of riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions, and for the execution of all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease, the chief of police has the powers conferred upon sheriffs by general law and in all respects is entitled to the same protection."
The criminal statutes are cited earlier in the order, at the very beginning:
“Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code § 120295, et seq.; Cal. Penal Code §§ 69, 148(a)(1))”
HSC 120295 is the key one (the others deal with resisting arrest and interference with executive officers): “Any person who violates Section 120130 or any section in Chapter 3 (commencing with Section 120175, but excluding Section 120195), is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment for a term of not more than 90 days, or by both. He or she is guilty of a separate offense for each day that the violation continued.”
The most key part of Chapter 3 for this purpose is HSC 120220: “When quarantine or isolation, either strict or modified, is established by a health officer, all persons shall obey his or her rules, orders, and regulations.”
These 60 businesses in LA county are facing criminal charges:
https://www.lacityattorney.org/post/feuer-continues-filing-c...
Where they "get" you is if you blow off the court about resolving the fine which is contempt of court, which is a criminal offense.
It blows my mind how supposedly smart people know so little about the law. It's a lot like programming. The keywords are important and the logic used as well.
These businesses are facing criminal charges in Los Angeles for violating the Los Angeles county public health order:
https://www.latimes.com/california/story/2020-04-03/coronavi...
That link is paywalled, but the article title only refers to shutting off utilities.
It does not.
No, the code cited in the order is State (not municipal or county) code giving certain authority to county public health officers, neither municipal codes nor municipal officers are involved. Also, municipal codes in California can have criminal components, so the contrast drawn is false as well as not germane to the relevant facts.
> Like with a traffic ticket, they can fine for not complying. They cannot arrest you, however.
Being stopped and issued a traffic ticket is a non-custodial arrest and the “fine” people pay if they don't dispute tickets is legally forfeiture of bail. But, in any case, unlike minor traffic offenses, violating a county public health order issued to control communicable disease is a criminal offense punishable by fines, jail, or both; the Alameda County order cites the relevant state criminal law.
> It blows my mind how supposedly smart people know so little about the law.
Indeed.