When Gov. Gavin Newsom last week ordered nearly all 40 million Californians to stay in their homes to combat the spread of COVID-19, he set the tone for the nation, becoming the first to issue a statewide lockdown.
Governors who had previously resisted quickly followed suit, including New York Gov. Andrew Cuomo.
But one week into the lockdown, epidemiologists tracking rates of transmission in California and the United States worry that Newsom’s shelter-in-place order will be less effective in controlling new infections without stronger enforcement. Local lawmakers and public health officers share their concern and some are exercising their policing powers.
Florida has so far resisted more than recommended shelter-in-place orders. Flagler has two such recommended orders in place: one across Palm Coast, and one across the whole county, addressing people 65 and over. But neither order is being rigorously followed the way more enforceable orders are, such as those that have shut down the beaches, bars, pubs and sit-down restaurants. Saturday night, Flagler County had 13 cases of coronavirus, Florida had crossed the 4,000 mark–only a few hundred fewer cases than California–with 56 deaths, and Gov. Ron DeSantis was continuing to resist stricter measures beyond some monitoring and required quarantining of visitors from the New York region and Louisiana. The state hasfollowed California’s approach, relying on social pressures rather than policing.
Newsom’s hands-off approach to enforcement, enlisting social pressure as the primary tool to persuade people to comply, threatens to slow California’s progress in lowering the rate of new COVID-19 infections so hospitals are not overwhelmed, and may increase the length of time Californians must stay at home, they say.
“When you see pictures of crowded ski lodges in the mountains of California, one wonders if one shouldn’t take a more aggressive approach,” said Dr. Sten Vermund, an infectious disease epidemiologist and dean of the Yale School of Public Health.
“You might have 98% of the population doing the responsible thing, but the 2% who do the irresponsible thing become a nidus of transmission for everyone else.”
The novel coronavirus has infected more than 122,000 people in the U.S. and killed more than 2,000 as of 6 p.m. Saturday, twice as many as on Wednesday. In California, which has the most cases in the country after New York and New Jersey, the illness has sickened nearly 4,600 people and killed at least 100.
California officials fear that those numbers will surge without a clear, rigorous enforcement strategy from the state. And in the absence of a uniform statewide strategy mirroring that in Florida, some cities and counties have taken action on their own.
Santa Monica Pier is shut down and Marin County parks are closed. Lake County Public Health Officer Gary Pace shuttered hotels and prohibited lake activities like boating at Clear Lake, a bustling hub of recreation in rural Northern California.
“I’ve been watching what’s going on in China and Italy and the Bay Area and, now, New York, so my strategy is to be as aggressive in terms of prevention as possible,” Pace said. “The less wiggle room, the more we are going to have success.”
Over the weekend, shortly after Newsom issued his directive, crowds packed beaches stretching along California’s coastline, from Malibu to the rugged Sonoma Coast. Parks were jammed with visitors and farmers markets bustled with shoppers.
“This is no joke,” said Democratic state Sen. Mike McGuire, who represents the North Coast. “The crowds that we saw on the coast in Sonoma and Marin counties were the equivalent to the Fourth of July holiday, which is the largest beach holiday in Northern California.”
Despite the activity, Newsom continues to insist that social pressure and friendly reminders to keep at least 6 feet apart will work to curb the coronavirus.
“I’m counting on social pressure, not law enforcement,” he said during a press call Saturday.
Newsom said he still needs time to prepare the public to make drastic changes in behavior. He released worst-case projections this month that indicate, without action, 56% of the population — 25.5 million people — could contract the virus.
The first-term Democratic governor also hasn’t provided an end date for the order, saying it would be irresponsible to do so given the uncertainty ahead.
Newsom has broad authority to enforce his order, including enlisting law enforcement to issue citations and charge violators with misdemeanors.
By declaring a statewide emergency, he also activated the state’s powers under the Emergency Services Act, which gives the governor broad authority to make, carry out and compel compliance with emergency orders, state constitutional law experts said.
The act “allows the governor to gather and deploy all the state’s resources to combat the crisis and to issue necessary orders,” Stephen Duvernay, a lawyer and senior research fellow with the California Constitution Center at the University of California-Berkeley School of Law, said via email.
On Monday, Newsom vowed to increase the presence of state park patrols equipped to issue citations, after directing the closure of some parking lots at crowded parks.
“We don’t just have to enforce through traditional law enforcement,” he said. “I don’t want folks to think we’re going out there having checkpoints in every part of this state.”
Cities and counties also have significant power in enforcing state and local public health orders.
California’s public health officers, representing all 58 counties and three cities, have “state police powers” to implement public health orders, said Dr. Tomás Aragón, San Francisco’s longtime public health officer.
“We have the legal authority to do whatever is necessary to interrupt the spread of communicable disease,” he said. “The state does have the ultimate authority — they could say ‘No, stop doing that,’ but they’ve been providing us guidance while also looking to us for wisdom.”
Aragón acknowledged that Newsom has a point. Enforcement must be paired with public education, he said.
“At the end of the day, you do have to win over the population,” he said. “So there has to be some social pressure to make this work.”
At the direction of city police chiefs, county sheriffs and public health officers, law enforcement agencies are increasing patrols and said they’re not ruling out issuing citations.
For instance, the San Jose Police Department is deploying officers to go after those in violation.
Four police cars, with two officers per car, regularly patrol the streets, looking for people and businesses in violation of Santa Clara County’s stay-at-home order — the model widely adopted across the Bay Area that remains in effect, in addition to the statewide order.
“At this time, our officers have educated various businesses,” said Gina Tepoorten, a San Jose Police Department spokesperson. “They have not issued citations at this time.”
San Francisco police are also alerting people to the new rules but taking an education-first approach. Department spokesperson Adam Lobsinger explained the city’s message to residents and businesses: “The public health ordinance allows for enforcement for noncompliance, but with your continued cooperation we will never have to exercise that option.”
Newsom, meanwhile, could face increasing pressure to more forcefully implement his statewide order.
“I think he’s doing progressive, escalating steps, but you can’t do that forever,” said state Assembly member Rob Bonta (D-Alameda). “Leaders do need to be pushed.”
–Angela Hart, Kaiser Health News, and FlaglerLive
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Anonymous says
I know it was being enforced by law enforcement today when they caught about 10 people on a trail and not practicing social distance.
Keep Flagler Beautiful says
DeSantis must have a death wish, both for the people of Florida and for his chances of being re-elected. Disgusted with his poor judgment, which is putting all of us at great risk.
Native says
This isnt a dictatorship state. He’s trying best to put into practice measures that make common sense and can be followed by common sense people. Apparently not many have the sense. If you’re not happy, then move north to Ny, NJ or CT. I and other Fla natives are a bit tired of hearing people bitch about everything.
Yankmee says
Native what? I bet the Timuca Natives (Indians) were tired of hearing your Kinfolk bitch about sunburn! I remember when you so-called natives were so civil war bitter you wouldn’t even step foot in Palm Coast unless it was to go to the old Walmart where staples is.
You better hope we don’t move back, this place will reverse and end up just like how Bunnell is today, stuck in a time warp and not in a good way. Feel free pioneer yourself back to mules and white sheets, cuz other than that you ain’t done squat for us northerners!
Col Bob says
He will definitely be RE_ELECT. He’s doing a fantastic job as Governor. Much better then I can say for all the liberal IDIOTS bicycling around Palm Coast or jogging. Its up to the PEOPLE to quarantine themselves. There’s just too many ” oh it won’t get me” millenials and New York City runaway’s that cowardly RAN AWAY from their own state to come down here and INFECT us. Gov. DeSantis is doing a GREAT JOB. You IDIOTS stop whining and STAY the F*CK HOME !!!!
ASF says
Who would ever guess that the people most likely to spread the virus might be the same people who would be most contemptuous of directives from the authorities? File it under, “DUH.”
PB says
I am embarrassed by my fellow Americans. My wife is from an emerging or what some would call a third world country. They are allowed out for necessary reasons two hours a day, or face a fine. Yesterday less than 200 fines were issued to a population of about 5 million.
Why are we being so stupid and worse selfish? Is that really means to be an American in 2020?
Layla says
Many are being selfish, whiny and stupid. Instead of jumping in to help somewhere, they prefer to complain. First it was a conspiracy, and now everyone trying to help is stupid.
Meanwhile, hundreds a day are dying in Italy and the numbers are now climbing in NY, New Orleans and South Florida. All these people have to do to help is stay at home, and they can’t even do that.
beachcomberT says
Am still waiting for the science that shows beaches, parks and trails are riskier for contagion than keeping couples and families cooped up in a house.
A Concerned Observer says
You are missing the point. If you and your family are “cooped up in a house”, you will not be infected by anyone else. Also, if you and your family are “cooped up in a house” you will not infect anyone else. What part of that do you not understand?
Our leaders have instituted self-controlled measures where they ask everyone to maintain a “social distance” from everyone else when you must be away from your home, and to stay at home unless you must go out. Our leaders also have directives not to drive over the speed limit, not to park in handicapped parking spaces, not to rob people or businesses. These are expectations of society. If people choose not to obey these restrictions, we must enforce them to do so. Anyone so selfish and self-centered not care about how they are placing other innocent people in life threatening danger deserves to be forced, by whatever means, to comply.
tulip says
They aren’t telling people to stay cooped up in the house. In fact they recommend things like getting outside, taking a walk in your neighborhood or riding your bicycle around a bit and, of course, keeping the social distance away from each other. Being in public places is riskier because ppl are sneezing coughing, runny noses, or feel fine, but are contagious and these ppl don’t keep the 6 ft rule. So because of that, everyone pays the price.
Nature lover says
Me too! Outside in open air is the best thing for us. No reason why we can’t enjoy the beach And observe the social distancing.
Try being home with a few kids for two weeks…
SUNhsine, ocean air, nature’s own remedy for a few things!
Leave DeSantis alone he is doing a great job.
All you complainers apparently have nothing better to do.
Again, if YOU want, stay home.
He is not stopping you.
Nor is anyone else.
It is a free country.
Believe me you don’t want government imposed lock downs
Not only will you have a health crisis, you will have more than you can handle.
If you are worried stay home.
Judy says
I could explain it, but I can’t help you understand it.
Steve says
I am waiting for the Science that proves some people have a brain
Concerned Citizen says
It’s not about the environment. Never was
They allowed people out and people foolishly ignored social distancing. A virus still spreads outside or in. Closing the beaches and parks minimizes contact from people to people.
It’s not just about protecting the regular goers either. Many places have life guards park rangers etc. Why put them at risk over you wanting to go outside and play?
Instead of being upset about that check out the pictures of non compliant visitors. They are the reason things got closed.
Melinda Greene says
It’s not so much that you and your family can’t go to a park; it’s that everyone’s families cannot and should not go to the park (or beach). Once again the people who follow the rules get the shaft because of the ones that won’t follow the rules. Fresh air is good for the body and soul. We just need to avoid the places where multiple people would also go…and right now a lot of people are trying to hit the beaches and parks.
marlee says
We are stuck with Gov. Trump DeSantis.
Percy's mother says
As of 3/29/2020:
Total deaths globally (worldwide) = 31,724
TOTAL RECOVERED globally (worldwide) – 145,625
Total world population = 7,763,035,303, that’s almost 8 billion.
Please look closely at this data. Do the math into percentages.
If you will look closely, worldwide deaths are at 31 thousand as opposed to the total population of the world which is almost 8 billion. Do the math.
Jeanniedale says
Okay. What do you do with your masks and gloves when you come out of a store. Dispose of them appropriately. Seen at Publix and Walmart, gloves and masks just dropped in parking lot. PEOPLE GET IT IN YOUR HEAD YOU ARE NOT THE ONLY ONE ON THIS PLANET.
tulip says
There are always piggy inconsiderate people disposing of their trash wherever. It certainly is no hardship to keep a bag in the car to dispose of masks, candy wrappers, etc then dispose of the bag at home.
Nature lover says
And one more thing….California had there own issues well before Covid because of the mass amounts of homeless camps. Literally feces, needles and whatever else in the streets.
Before this it was typhoid and everything else’s spreading in the streets.
For all those stating other countries did it better.
No they didn’t.
If you like their way of doing things move there.
DO you hear yourself? They are allowed out for 2 hours? Tell me, in those 2 hours they are not exposed? Grow up and be An adult!
Are you not educated enough to do what is best for you and your family?
Good luck in China!
A Concerned Observer says
Three undisputable facts are that the coronavirus is deadly, there is no cure and there is no vaccine.
People should not drive over the posted speed limit on our highways, but they do. People should not rob and steel, but they do. People should not abuse children, but they do. People should not rape or murder others, but they do. We have laws directing people to obey these restrictions and we have infrastructures in place to force compliance and to punish people who chose not to obey the laws. It is paramount to protect our society from those who for whatever reason feel that they are not bound by these laws.
It is obvious to the casual observer that most people are abiding by the self-directed restrictions, are staying at home unless absolutely necessary to go out. If these restrictions should become an enforceable law, it will have no effect on those in full voluntary compliance. Those selfish, uncaring perpetrators who have no respect for others, can only be stopped by authoritative means and must be forced to comply by whatever means are necessary to protect our society.
Please do not cry about the unconstitutionality of these measures or that they illegally infringe on civil liberties. The founders of our constitution could never have foreseen the events with which we are now faced. I sincerely hope our leaders will soon see the need for enforceable limitations on travel and that they will enact and enforce necessary restrictions for the duration of this monumental crises!
Hammock Beach Resident says
Shutdown AIRBNB’s, HOTELS, HAMMOCK BEACH RESORT, & any other short term rentals! Encouraging folks from the NY Metro area New Orleans area to come here, is a gigantic mistake. The current restriction on some short term rentals, effectively for a week, is not effective. Email Governor DeSantis to take more drastic action. Flagler County should shutdown all these establishments NOW in our county. Flagler is catching up to other hotspots in the county. Soon our hospitals will be overloaded.
Sherry says
A “FACTUAL” comprehensive report on the current status of the virus and it’s likely consequences. . . it’s a long read, but certainly worth the time, if you truly wish to be educated:
https://www.theatlantic.com/health/archive/2020/03/how-will-coronavirus-end/608719/
danm50 says
More facts and less government failures would help. Why should we believe incompetent Polititians who have failed already. I don’t have servants or hired help to do the daily things I must DO TO SURVIVE. Staying put and not being able to LIVE! Is not an option….
Bigguy says
Lots of Out of State cars parked along 16 th and in parking lot by Hammock Beach.
The sheriff should be enforcing the 14 day quarantine and beach closure our lives depend on it.
tulip says
Maybe a bunch of you from that area should flood the sheriff’s office with phone calls about the situation,
Here Spot says
I’m not worried anymore. I was visited last night by a strange bio-terrestrial entity that manifested itself into a Taco Burrito.
I ATE it !!!!! Now i’m fine and just wonder if now I will become a “ShapeShifter” and turn into a Bucket of Popeyes chicken ( extra spicy ).
deb says
Here is the problem and its the only problem. SOME people have not and continue to NOT observe the social distancing. This spreads the virus, we see the results in New York, the beaches in Fla with the spring breakers, the hotels. How freaking stupid can you get. Stay the freak home.