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How Do You Enforce a Law That Tramples the Land of the Free? How Do You Enforce a Law That Tramples the Land of the Free?
(about 20 hours later)
LOS ALTOS, Calif. — A veteran prosecutor in Northern California has turned her kitchen table into an improvised command post where she is enforcing Santa Clara County’s strict lockdown order.LOS ALTOS, Calif. — A veteran prosecutor in Northern California has turned her kitchen table into an improvised command post where she is enforcing Santa Clara County’s strict lockdown order.
Monitoring two computers and a cellphone, Angela Alvarado, the prosecutor, must balance individual rights with infection control every time an email alert notifies her of another complaint:Monitoring two computers and a cellphone, Angela Alvarado, the prosecutor, must balance individual rights with infection control every time an email alert notifies her of another complaint:
A private airport is offering flying lessons. Is that OK?A private airport is offering flying lessons. Is that OK?
People are playing tennis at a public court. Is this allowed?People are playing tennis at a public court. Is this allowed?
A rabbit rescue shelter is hosting a nail-trimming event for bunnies. Is that really essential?A rabbit rescue shelter is hosting a nail-trimming event for bunnies. Is that really essential?
Ms. Alvarado, who is part of a team of lawyers dedicated to monitoring and responding to complaints, hates having to decide whether rabbit lovers can gather to trim bunny nails. (She said maybe.) She hates having to rule on whether people can play tennis or take flying lessons. (She said no, and no.) She cannot believe how many hours she has spent tangling with a local BMW dealer over the question of whether test drives are legal right now. (She has held firm on no.)Ms. Alvarado, who is part of a team of lawyers dedicated to monitoring and responding to complaints, hates having to decide whether rabbit lovers can gather to trim bunny nails. (She said maybe.) She hates having to rule on whether people can play tennis or take flying lessons. (She said no, and no.) She cannot believe how many hours she has spent tangling with a local BMW dealer over the question of whether test drives are legal right now. (She has held firm on no.)
“At first, it was like, ‘Oh, this is cool, this is exciting,’” she said. “Now I’m like, this is heart-wrenching. Like I’m — I’m over it.”“At first, it was like, ‘Oh, this is cool, this is exciting,’” she said. “Now I’m like, this is heart-wrenching. Like I’m — I’m over it.”
She said she has reached the point where it is a relief when complaints come in with too little information for her to take any action. “I don’t feel comfortable being in that position of saying, ‘You know, your constitutional rights don’t really matter right now,’ but I’ve had to,” she said.She said she has reached the point where it is a relief when complaints come in with too little information for her to take any action. “I don’t feel comfortable being in that position of saying, ‘You know, your constitutional rights don’t really matter right now,’ but I’ve had to,” she said.
“Right now we’re putting parts of the Constitution on hold. We really are. Freedom of assembly. Right to practice religion.”“Right now we’re putting parts of the Constitution on hold. We really are. Freedom of assembly. Right to practice religion.”
It is a remarkable acknowledgment from a woman who has spent 21 years upholding the law in Santa Clara County. But the law, she said, seemed so much clearer when her work mostly involved prosecuting sex offenders. “This isn’t prosecuting a bad guy,” she said. “This is prosecuting a place I get my coffee. It’s not fun choices to make here.”It is a remarkable acknowledgment from a woman who has spent 21 years upholding the law in Santa Clara County. But the law, she said, seemed so much clearer when her work mostly involved prosecuting sex offenders. “This isn’t prosecuting a bad guy,” she said. “This is prosecuting a place I get my coffee. It’s not fun choices to make here.”
The complaints keep pouring in, hundreds every week, and so Ms. Alvarado, 47, sits at her sunny kitchen table making choices, figuring out which complaints are serious enough to dispatch police officers to confront business owners and, if necessary, threaten them with citations if they do not comply with the county’s shelter-in-place rules.The complaints keep pouring in, hundreds every week, and so Ms. Alvarado, 47, sits at her sunny kitchen table making choices, figuring out which complaints are serious enough to dispatch police officers to confront business owners and, if necessary, threaten them with citations if they do not comply with the county’s shelter-in-place rules.
The email inbox chimes yet again. “That’s the sound of doom, right there,” she said, chuckling.The email inbox chimes yet again. “That’s the sound of doom, right there,” she said, chuckling.
As she evaluates complaints, her two children play in a back room. A poster made by her 8-year-old daughter is taped to a window so it faces the street. It depicts a teddy bear holding a heart. “Stay home, save lives,” her daughter wrote in bright colors across the top, succinctly summarizing the point of this strange exercise.As she evaluates complaints, her two children play in a back room. A poster made by her 8-year-old daughter is taped to a window so it faces the street. It depicts a teddy bear holding a heart. “Stay home, save lives,” her daughter wrote in bright colors across the top, succinctly summarizing the point of this strange exercise.
Santa Clara County was one of the first coronavirus hot spots in the nation. At least 131 people have died there and more than 2,300 have tested positive. Recent testing has revealed that the earliest known death from Covid-19 in the United States happened in Santa Clara County on Feb. 6, just a week after the county reported its first infection. It now appears likely that the virus was circulating in the area for much of January, long before the danger was recognized, which may explain why the county emerged as the initial center of the outbreak in California.Santa Clara County was one of the first coronavirus hot spots in the nation. At least 131 people have died there and more than 2,300 have tested positive. Recent testing has revealed that the earliest known death from Covid-19 in the United States happened in Santa Clara County on Feb. 6, just a week after the county reported its first infection. It now appears likely that the virus was circulating in the area for much of January, long before the danger was recognized, which may explain why the county emerged as the initial center of the outbreak in California.
Along with six other Bay Area counties, Santa Clara County responded by imposing the nation’s first shelter-in-place order on March 17. Soon after that, the county assembled a team to manage enforcement, dedicating about two dozen staff members from the district attorney’s office, drawn from the ranks of prosecutors and investigators whose usual beats include prostitution, child abuse and truancy violations. Each of the team’s seven lawyers — Ms. Alvarado included — takes turns monitoring and responding to complaints.Along with six other Bay Area counties, Santa Clara County responded by imposing the nation’s first shelter-in-place order on March 17. Soon after that, the county assembled a team to manage enforcement, dedicating about two dozen staff members from the district attorney’s office, drawn from the ranks of prosecutors and investigators whose usual beats include prostitution, child abuse and truancy violations. Each of the team’s seven lawyers — Ms. Alvarado included — takes turns monitoring and responding to complaints.
“They were ahead of the game in terms of reacting, trying to figure out what the heck to do with this pandemic,” Nancy O’Malley, president of the California District Attorneys Association, said of Santa Clara County’s prosecutors.“They were ahead of the game in terms of reacting, trying to figure out what the heck to do with this pandemic,” Nancy O’Malley, president of the California District Attorneys Association, said of Santa Clara County’s prosecutors.
But with protests and legal challenges against lockdown orders now erupting all over the country, Ms. Alvarado offers a glimpse at the growing discomfort felt among those responsible for enforcing orders that so plainly deprive their fellow citizens of bedrock freedoms.But with protests and legal challenges against lockdown orders now erupting all over the country, Ms. Alvarado offers a glimpse at the growing discomfort felt among those responsible for enforcing orders that so plainly deprive their fellow citizens of bedrock freedoms.
The discomfort extends to her boss, Jeff Rosen, the district attorney for Santa Clara County, who described his deep reluctance to actually prosecute anyone for violating the lockdown order. “I didn’t become D.A. to put people out of business,” he said. “But lives are at stake.”The discomfort extends to her boss, Jeff Rosen, the district attorney for Santa Clara County, who described his deep reluctance to actually prosecute anyone for violating the lockdown order. “I didn’t become D.A. to put people out of business,” he said. “But lives are at stake.”
Indeed, Santa Clara County’s interpretation of its public health order is one of the most restrictive in the state. Recreational marijuana, for example, can be sold from stores in neighboring Alameda County, but only home deliveries are allowed in Santa Clara County. When a clever cellphone shop tried to stay open by adding bottled water and granola bars to its inventory, Mr. Rosen’s lockdown enforcers said no way.Indeed, Santa Clara County’s interpretation of its public health order is one of the most restrictive in the state. Recreational marijuana, for example, can be sold from stores in neighboring Alameda County, but only home deliveries are allowed in Santa Clara County. When a clever cellphone shop tried to stay open by adding bottled water and granola bars to its inventory, Mr. Rosen’s lockdown enforcers said no way.
Mr. Rosen has instructed his team to avoid issuing citations except in cases of intentional defiance. He would prefer to use what he calls “soft power” — persuading without prosecuting. Usually it works.Mr. Rosen has instructed his team to avoid issuing citations except in cases of intentional defiance. He would prefer to use what he calls “soft power” — persuading without prosecuting. Usually it works.
But not always.But not always.
On the day the shelter-in-place order took effect, residents complained to police officers in the city of Mountain View that there were long lines outside Eddy’s Shooting Sports, a gun shop sandwiched between a barber shop and a nail salon in a strip mall. Officers visited the shop that day and told the owner to close. He refused.On the day the shelter-in-place order took effect, residents complained to police officers in the city of Mountain View that there were long lines outside Eddy’s Shooting Sports, a gun shop sandwiched between a barber shop and a nail salon in a strip mall. Officers visited the shop that day and told the owner to close. He refused.
Updated June 5, 2020Updated June 5, 2020
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
That is when Ms. Alvarado got involved. The county threatened a misdemeanor charge that carries a $1,000 fine and potential six months imprisonment. Eddy’s closed.That is when Ms. Alvarado got involved. The county threatened a misdemeanor charge that carries a $1,000 fine and potential six months imprisonment. Eddy’s closed.
“This public health order is in response to an emergency in an extreme crisis, and a lot of constitutional rights have been altered or changed or constrained in some sense because of this,” Mr. Rosen explained.“This public health order is in response to an emergency in an extreme crisis, and a lot of constitutional rights have been altered or changed or constrained in some sense because of this,” Mr. Rosen explained.
Eddy’s begs to differ. It has joined with other gun shops and the National Rifle Association in a lawsuit that argues local officials cannot “use a public health crisis as political cover to impose bans and restrictions on rights they do not like.”Eddy’s begs to differ. It has joined with other gun shops and the National Rifle Association in a lawsuit that argues local officials cannot “use a public health crisis as political cover to impose bans and restrictions on rights they do not like.”
The county created a hotline so that anyone could report lockdown violations, and the calls have come in by the thousands. “We have a ‘United Silicon Valley’ of snitches making sure that we all take this burden together,” Ms. Alvarado said with a mixture of appreciation and dark humor.The county created a hotline so that anyone could report lockdown violations, and the calls have come in by the thousands. “We have a ‘United Silicon Valley’ of snitches making sure that we all take this burden together,” Ms. Alvarado said with a mixture of appreciation and dark humor.
There is a new complaint about a restaurant doing renovations, and another about people playing soccer, and another about a weight-lifting club that will not close.There is a new complaint about a restaurant doing renovations, and another about people playing soccer, and another about a weight-lifting club that will not close.
She fields yet another report about the latest cottage industry — people running barbershops out of their garages. “No one is feeling the pain more than me about not having a haircut and a pedicure,” she said, pointing to the dark brown roots of her dyed-blonde hair. “I mean look at what is happening up here.”She fields yet another report about the latest cottage industry — people running barbershops out of their garages. “No one is feeling the pain more than me about not having a haircut and a pedicure,” she said, pointing to the dark brown roots of her dyed-blonde hair. “I mean look at what is happening up here.”
Far trickier, she said, was a confrontation on Easter Sunday with Southridge Church of San Jose. The church’s pastor, Micaiah Irmler, came up with the idea of inviting parishioners to celebrate in the safety of their cars at a local drive-in movie theater.Far trickier, she said, was a confrontation on Easter Sunday with Southridge Church of San Jose. The church’s pastor, Micaiah Irmler, came up with the idea of inviting parishioners to celebrate in the safety of their cars at a local drive-in movie theater.
When Ms. Alvarado nixed that plan, the congregation instead arranged to distribute 500 bags of food and other items like toilet paper and homemade masks to parishioners who showed up at the drive-in. The idea was to exploit the exemption for those who provide essential services like food delivery. The fact that parishioners might hear Pastor Irmler deliver an Easter sermon over a loudspeaker was incidental. Or so the members of Southridge Church hoped.When Ms. Alvarado nixed that plan, the congregation instead arranged to distribute 500 bags of food and other items like toilet paper and homemade masks to parishioners who showed up at the drive-in. The idea was to exploit the exemption for those who provide essential services like food delivery. The fact that parishioners might hear Pastor Irmler deliver an Easter sermon over a loudspeaker was incidental. Or so the members of Southridge Church hoped.
Ms. Alvarado was not having it. She instructed the police to put an end to Pastor Irmler’s sermon to a sea of parked cars. She did make one accommodation, though: She permitted a drive-through line, so the bags of groceries could be distributed.Ms. Alvarado was not having it. She instructed the police to put an end to Pastor Irmler’s sermon to a sea of parked cars. She did make one accommodation, though: She permitted a drive-through line, so the bags of groceries could be distributed.
“These decisions are heavy,” Ms. Alvarado said, summing up her work since March. “They’re taxing.”“These decisions are heavy,” Ms. Alvarado said, summing up her work since March. “They’re taxing.”
Katey Rusch and Casey Smith are students at the University of California, Berkeley, Graduate School of Journalism. The New York Times is collaborating with the school on coverage of the coronavirus in California.Katey Rusch and Casey Smith are students at the University of California, Berkeley, Graduate School of Journalism. The New York Times is collaborating with the school on coverage of the coronavirus in California.