Local agencies say ‘no’ to curfew

Sheriffs, police chiefs make statements regarding governor’s COVID-19 order, enforcement

Like several previous statewide orders issued during the COVID-19 pandemic, the response from local law enforcement agencies to Gov. Gavin Newsom’s latest order, which requires nonessential work, movement and gatherings stop between 10 p.m. and 5 a.m., struck a similar tone: they acknowledge the order, but have no desire to enforce it themselves.

At least five local law enforcement agencies — the Butte County Sheriff’s Office, Chico Police Department, Glenn County Sheriff’s Office, Orland Police Department and Paradise Police Department — released public statements through various social media channels on Friday explaining their stance. The reasons varied, but the overall messaging was consistent on the curfew.

The order goes into effect at 10 p.m. Saturday for all counties currently placed in the most restrictive “purple” Tier 1 under the state’s

Blueprint for a Safer Economy. As of Monday, 41 counties fall under this tier, including Butte, Glenn and Tehama counties, and 95 percent of California’s overall population.

In a statement issued Friday, Butte County Sheriff Kory Honea acknowledged the heightened “fear, anxiety and uncertainty” brought on by the pandemic, adding that he does not want to “compound those concerns by creating distrust and friction between residents and law enforcement.”

“As both Sheriff and a citizen of Butte County, the thought of law enforcement officers peeking into the windows of homes, or stopping and questioning residents regarding their destination and family relationships, merely for being outside of their homes, or visiting the home of another during the nighttime hours, all solely due to the suspicion of violating the ‘Limited Stay at Home Order,’ is very troubling,” he said.

“As peace officers, we must always weigh the risks and benefits of enforcement action based on many factors. This is especially true given the evolving role of law enforcement in our society, along with a criminal justice system already strained by COVID-19 complications.

I am concerned the negative impact on public trust, the high likelihood of escalation and the strain upon our limited law enforcement resources would far outweigh any benefit of enforcing such an order.”

Honea said he’s directing his staff not to use the curfew as a sole reason for stopping, citing, detaining or arresting someone, though he also stressed the “personal responsibility” community members have to protect the health and wellbeing of themselves and their fellow community members.

Chico Police Department Chief Matt Madden said officers will “continue to educate” residents on current orders, continuing a stance that many took upon Newsom’s previous mask mandate Jun. 18, requiring people to wear masks or face coverings in most public places.

“The Chico ( Police Department) will continue to respond to any incident with the potential for criminal behavior or impacts to public safety but will not be responding to calls based solely on non- compliance with this order,” Madden said in a statement. “Chico police officers have been instructed to continue to educate the public regarding these emergency orders while in their performance of their duties.”

Glenn County Sheriff Richard Warren cited California Government Code 8627, which outlines the governor’s authority during a state of emergency to enforce and regulate orders, including those that pertain to law enforcement. Warren also noted section 26602, which “gives the sheriff the authority, but not the obligation, to enforce such orders.”

“In accordance with the authority granted to me under section 26602, I have decided that the Glenn County Sheriff’s Office will not be determining (including entering any home or business) compliance with, or enforcing compliance of, any health or emergency orders related to curfews, staying at home, Thanksgiving or other social gathering inside or outside the home, maximum occupancy or mask mandates. Further, we will not dispatch deputies for these purposes,” he said.

Paradise Police Department Chief Eric Reinbold also said in a press release officers will not respond to calls regarding non- compliance of the order, instead favoring an education-based approach.

“The Paradise Police Department remains committed to serving our community members through proactive enforcement, responding to reports of criminal behavior and impacts to public safety, however we will not be responding to calls based solely on noncompliance of this order,” Reinbold said. “Our officers will educate the public regarding this order, and we entrust that our community members will engage in responsible behavior during this order.”

Orland Police Department Chief Joe Vlach said in a statement his department has received some local concerns and uncertainty regarding the order. Their dispatch center, too, will not be sending officers to calls for non-compliance. Vlach did acknowledge the surge of COVID-19 cases in the north state, including Glenn County.

“We will continue focusing our efforts on criminal activity and relying upon probable cause when making criminal arrests, and as a reminder we do enforce park hours and noise ordinances,” he said. “Our north state hospitals have been greatly impacted by the recent surge of hospitalizations and bed space is at a premium. We feel the best way to protect our hospital capacity is for our community to practice personal responsibility to limit potential exposure and slow the spread.”

Butte County Public Health did not comment on the curfew order.

“This is a state order and Public Health is not an enforcement agency for this order,” public information officer Lisa Almaguer said in an email.