Officials won’t enforce curfew
Authorities will remain focused on community safety, crime
Tuolumne County law enforcement leaders said Friday their agencies will not respond to calls about violations of Governor Gavin Newsom’s new monthlong limited stay-athome order, which prohibits non-essential gatherings between the hours of 10 p.m. at 5 a.m. through Dec. 21.
“We are so busy we need to focus on patrol operations and emergency calls for service,” said Tuolumne County Sheriff Bill Pooley.
Noting the curfew order was, in part, reminiscent of the Governor’s stay-athome order earlier in the year, Pooley also encouraged the public to follow prescribed safety measures to tamp down the spread of COVID-19, which has spiked in Tuolumne County over the last three weeks and pushed the county into the most severe tier of the state’s risk classification system.
“I encourage everyone, to the absolute best of their ability, try to protect themselves and others and try to follow the local health protocols,” Pooley said. “I believe we can curb this. I believe we can drive the numbers down if everyone does their part.”
In a public statement released to Facebook on Friday, Pooley said the Sheriff’s Office has “taken an education first approach with regard to the public health orders.”
“Deputies will not be responding to requests for facecoverings, social gatherings or pandemic-related curfews. We will be focusing on patrol operations to prevent criminal activity and preserve the safety of our community,” the statement said.
For example, Pooley said his office would not send deputies to respond to reports of curfew violations, such as a group of people outside after 10 p.m. or a gathering in a household. He did note, however, that if there was a “criminal element” to any report, such as a noise complaint or disturbance, it would elicit a response.
“We’re not going to be going to people’s homes and doing that kind of stuff unless it’s a criminal violation,” he said.
Sonora Police Chief Turu Vanderwiel said there would be no new enforcement operations in the city limits to regulate compliance with the curfew order.
“The city regulatory process remains unchanged,” he said. “The modified stay-at-home order doesn’t really generate any new enforcement need or tool.”
Throughout the pandemic, the Sonora Police Department partnered with the Tuolumne County Public Health Office to process complaints or observations through the COVID-19 Education and Compliance Division, which conducts site visits, tracking and educational guidance.
“If at some point there’s no compliance, the city gets notified and we pick up on our end with our administrative non-criminal options we’ve established early on in this process,” Vanderwiel said.
The city has a process of sending out official notices of violation or cease-anddesist letters before levying administrative fines. He said some letters were issued during the pandemic, but no fines were levied on any businesses.
“We can offer education or encouragement to apply the safety measures, but we’re not going to be turning it into a criminal aspect,” Vanderwiel said.
Newsom’s curfew order issued on Thursday begins at 10 p.m. Saturday. According to the order, nonessential businesses and personal gatherings are prohibited between 10 p.m. and 5 a.m. for counties in the purple tier of the state’s Blueprint for a Safer Economy reopening classification system.
The order is set to stay in effect until 5 a.m. on December 21.
Following an unprecedented rise in positive cases over the past three weeks, Tuolumne County jumped from the orange tier and past the red tier into the most severe purple tier, denoting widespread cases.
The county’s classification matches a rise in cases throughout the state as 41 of the 58 counties, or 94% of the population of the state, are currently in the purple tier.
According to the press release, COVID-19 case rates increased by approximately 50% during the first week of November.
“The virus is spreading at a pace we haven’t seen since the start of this pandemic, and the next several days and weeks will be critical to stop the surge. We are sounding the alarm,” said a quote attributed to Newsom in the press release. “It is crucial that we act to decrease transmission and slow hospitalizations before the death count surges. We’ve done it before and we must do it again.”
The state said the limited stay-at-home order was designed to limit disease transmission, citing activities between those hours as “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 for adherence to safety measures like wearing a face covering and maintaining physical distance.”
The state Department of Public Health said in an email to The Union Democrat that the state COVID-19 Enforcement Taskforce would work with local officials to “coordinate strategic, targeted enforcement actions with the goal of adjusting behavior, interrupting high-risk actions and defiance of public health orders, and restoring compliance.”
The department indicated the various health and safety codes listed in the limited stay-at-home order gave them the authority “to take action necessary to protect public health.”
It also specified previous executive orders issued by Newsom in March that ordered citizens to heed guidance from state and local health directives.
“All Californians are being asked to follow this order to protect themselves, their families, and their communities,” the department said in an email. “The order provides a new tool for local officials & law enforcement personnel to use to protect public health and safety, should they need it.”
Pooley said, like with his initial response to the stayat-home order, he did not expect much public blowback.
“There was a little bit on both sides, however, I think we’ve done such a good job saying we’re education first as the governor had initially requested,” he said. “People understand our stance and we haven’t gotten any, to my knowledge, calls or requests. We really haven’t gotten much of a response.”
Pooley said the response to Newsom’s order was made independent of conferencing with other sheriffs throughout the state. Some, such as Orange County Sheriff Don Barnes and El Dorado County Sheriff John D’agostini, have released public statements that appear to be taking the same tack as it applies to law enforcement response.
“The Sacramento 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 gatherings inside or outside the home, maximum occupancy, or mask mandates,” wrote Sacramento County Sheriff Scott Jones in a post on his officer’s Facebook page.
Vanderwiel also said the decision by his department was common to law enforcement agencies throughout the state.
“There’s a multitude of opinions out there,” he said. “No matter what position we take, we expect to get some pushback on it. What we’re left with is making the best decision we can based on the circumstances and the information we have. We understand not everyone is going to agree with our position on it, but we believe our decision is in the best interest of the community as whole.”
Lloyd Mathiesen, tribal chairman of the Chicken Ranch Rancheria of MeWuk Indians of California, said the tribe’s casino in Jamestown — a 24-hour business — would stay open during the curfew order.
“We are staying open because it’s more about bars and everything else,” he said. “For safety, we’ve gone and done above and beyond since day one.”
Since Chicken Ranch Casino reopened on June 1 after two-and-a-half months of closure, Mathiesen said food orders were taken from the casino floor and restricted to restaurants, smoking was banned, and all employees and patrons were required to wear masks while inside.
“We’ve already done our due diligence for our safety protocols,” he said. “We’re just going to continue to operate as needed. Every day we re-evaluate and reassess. We’re going to make sure we do everything we can to make sure everyone is safe.”
Mathiesen said he had not received any phone calls or emails from any public agencies urging them to close in adherence to the curfew order.
The state public health office said tribal casinos are not included in the order because tribal governments are responsible for maintaining public health standards in their operations.
“The administration is currently engaged in government- to- government consultation with tribal enterprises located within listed areas of concern to determine the appropriate measures to take moving forward to limit the transmission of COVID-19 on tribal lands,” said an unspecified spokesperson for the state Department of Public Health in an email to The Union Democrat.
Representatives from Black Oak Casino Resort in Tuolumne, which is owned and operated by the Tuolumne Band of MeWuk Indians, could not be reached for comment on Friday.
Essential work is permitted to continue, according to the order. The press office said food and beverage takeout and delivery services can also stay open after 10 p.m.
The state provides a list of designated essential occupation sectors which includes health care, emergency services, food and agriculture, energy, financial services and many others.