Enforcement unclear for new indoor limits
Some officials will simply rely on residents to ‘act responsibly’
ALBANY, N.Y. – New York is among several states limiting private gatherings to no more than 10 people, a move aimed at stopping large get-togethers, particularly during Thanksgiving, to prevent further spread of coronavirus.
Now they face the challenge of trying to enforce it amid skepticism even from law enforcement.
“I have no plans to utilize my office’s resources or deputies to break up the great tradition of Thanksgiving dinner,” Timothy Howard, the sheriff in Erie County in western New York, said in a statement.
“My office will respect the sanctity of your home and traditions, and I encourage you to follow your heart and act responsibly, as well as do what’s best for your family.”
Northeast states including New York, New Jersey and Massachusetts have put stricter private gathering policies into place, encouraging residents to simply limit their parties during the holidays as the states try to fight against a surge in COVID-19 cases.
“I or any of us can’t be inside your living room for Thanksgiving,” New Jersey Gov. Phil Murphy said Monday. “You probably wouldn’t want us to begin with, but that does not mean that we, as an enforcement matter, are not going to be as all over it as we can be.”
Stopping the ‘living room spread’
The governors can use public health orders to impose restrictions during the pandemic, as they have with closing businesses or mandating the wearing of masks in public spaces.
Gov. Murphy said Monday that indoor gatherings in New Jersey will now be limited to 10 people, down from 25, and the outdoor capacity will be lowered to 150, down from 500.
But the state is still allowing religious services, political events, performances, weddings and funerals and memorial services of up to 25% of a room’s capacity, up to 150 people.
In New York, Gov. Andrew Cuomo last week banned indoor and outdoor gatherings at private residences from having more than 10 people.
Connecticut, Massachusetts, Rhode Island and North Carolina have similar rules, while Nebraska plans to do the same if hospitalizations pass a certain threshold.
“We call it ‘living room spread,’ ” Cuomo said Friday.
“‘But I’m just with my family. My family would never infect me.’ Your family’s not in control of it.”
Northeast states could release more joint restrictions in the coming days, especially as college students are coming home for Thanksgiving break and in most cases not returning to campus until early 2021, Murphy said.
How NY’s gathering ban can be enforced
States have the ability to enforce public health orders and issue fines to those who do not comply.
In New York, a violation of any order from the state health commissioner, public health law or rule can, when it is willful, come with as much as a $10,000 fine. It’s lower for violations of orders applying to most private residences: $50 for a first offense, and $500 for subsequent offenses, according to state law.
But how that would apply to the state’s limit is unclear. It’s a question law enforcement is also unsure how to answer, said Peter Kehoe, executive director of the New York State Sheriffs’ Association.
He said police would like more clarity as to how they could enforce the indoor limit.
“I’m sure law enforcement would be very willing to do their job and enforce that law, but to leave them hanging out there with all this speculative stuff is not fair to law enforcement,” Kehoe said.
And some sheriffs are saying they will not enforce the order in their communities.
“People have enough anxiety in their life without thinking that the police are going to come to their door and check on how many people are there,” Richard Giardino, the Republican sheriff in Fulton County in central New York, told the Times Union in Albany.
Another New York sheriff, Patrick Russo in Rensselaer County, said that if a call comes in to check on a residence, it could take hours to get a search warrant for a home.
But he urged residents to use common sense and follow best practices, such as wearing masks when social distancing is not possible, and washing hands frequently.
Asked Monday how the New York Department of Health suggests local governments can ensure the capacity limit is followed, the agency issued a statement urging local governments to enforce it but did not offer specifics on how to do so.
“Two keys to slowing COVID are individual compliance and local enforcement,” spokeswoman Jill Montag said in the statement.
“While local law enforcement should do their jobs, it’s up to all New Yorkers to do their part to slow the spread of COVID-19 by following state guidelines, wearing masks, practicing social distancing and proper hygiene, and staying home when they are sick.”