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Coronavirus California Stay at Home Order, Allows Imprisonment on Vague Terms

Gavin Newsom

FOX – California Gov. Gavin Newsom announced he’s enacting a “statewide order” for its nearly 40 million residents to “stay at home,” a wide-reaching measure for the most populous state in the country as the Coronavirus spreads.

The order took effect midnight on Friday morning. It prohibits gatherings outside and requires nonessential businesses to close in an effort to slow the spread of the virus. “We need to bend the curve in the state of California,” Newsom said during a news conference. “There’s a social contract here. People, I think, recognize the need to do more. They will adjust and adapt as they have.” See the Gov. Gavin Newsom video below:

Our thoughts turn to, just what does this “stay at home” order mean? Here is the actual order – click here. Did anyone actually read it? You may say that it is written in legal ease, but remember this is a massive order restricting people’s movement under legal penalties. Should it not be written in a way that a regular person could understand?

The order states, “To protect public health, I as State Public Health Officer and Director of the California Department of Public Health order all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19.” There are 16 critical infrastructure sectors whose assets, systems, and networks, whether physical or virtual, are considered so vital to the United States. So this is mostly geared toward supporting the Calfornia infrastructure during this crisis. So, where is the “stay at home” order? It is contained in just one paragraph of the order:

The supply chain must continue, and Californians must have access to such necessities as food, prescriptions, and health care. When people need to leave their homes or places of residence, whether to obtain or perform the functions above, or to otherwise facilitate authorized necessary activities, they should at all times practice social distancing.”

The order starts with a wish, “Californians must have access.” Ok, but what does this mean? This sentence is undefined with little clarity. The next sentence is curious. It defines two activities: 1) presumably it refers to “access to such necessities as food, prescriptions, and health care.” and, 2) again presumably the “authorized necessary activities,” as described in these 16 critical infrastructure sectors. But look at the ending clause of the order. All the order really says is that Californians when performing these two activities, they should “practice social distancing,” it says nothing about that you can’t leave for any other reasons. Where is the “stay at home” order? Furthermore, I understand the term “social distancing,” but just what does this mean at a practical level – again undefined

Later in the order, it defines the penalities as: “This Order shall be enforceable pursuant to California law, including, but not limited to, Government Code section 8665.” Note that the penalties are not limited to this 8665 law. But what is order 8665? Click here and see below a quick summary:

“Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a Fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.”

Perhaps I am being myopic and analyzing the order in too much detail. I suppose one could generalize and extract a “stay at home” order from the vague phrasing. But one thing is clear, California can now Fine you and imprison you for some vague activity. Remember, we are being told that we have an ongoing global pandemic and facing literally a financial depression. Right Wire Report finds this wording of the order disturbing.

Aside from the issue of whether the response to the Coronavirus is appropriate (click here), if one is going to implement such a draconian law, don’t you think one could be more precise in law that the ordinary person could understand? This leaves one to think that either: 1) we have very lazy legal administrators in California, or 2) it was purposely left vague to allow California to do whatever they wish to its population. Which is it?

 RWR original article syndication source.

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bobster
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FIRST AMENDMENT TO THE U.S. CONSTITUTION. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. California Constitution ARTICLE I DECLARATION OF RIGHTS [SECTION 1 – SEC. 32] ( Article 1 adopted 1879. ) SEC. 3. (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. Sounds to me that… Read more »

Buzz
Guest

This is only a shadow of what is to come.

Timmy75
Guest

“I’ll take THE DAY OF THE ROPE CAN’T GET HERE SOON ENOUGH for $1,000, Alex. I’d like to pay for it with my thousand dollar fuck you check from the gubmint, if you please.”

Marshall Gill
Guest

Obviously, they can’t actually enforce this idiocy. How do they know that you are not on your way to feed your invalid grandmother? Are they going to pull over every car on the road? If Californians don’t give their governor the finger on this they should no longer call themselves Americans. Mexicans, perhaps.

Bigdaddy1
Guest

The best option is to pack up the car/suv and head to Arizona. California has gone over the edge and is unlivable for most people. Gavin Newsome has put the stake through California’s heart and destroyed what little was left after Jerry brown’s disaster.

Electronpusher 9
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So if I read this right, anyone who ventures outside in Chinese Camp could be arrested.

meyou
Guest

they need to state marshal law or these words mean nothing to the average human

r koz
Guest

man i want to see some video,s of the cops rounding up the homeless. i,m a goona keep the popcorn and beer ready. will never be used sorry to say. but i bet bet plenty of citations for rolling a stop sign. ppl who drive can pay the fine. bum not so much.

D3F1ANT
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In typical Dem fashion they’ll want to quarantine you to your home under threat…and release all the criminals from prison…and say they’re doing both for the same reason.

Guest
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I, Lord Galvin Newsom , hereby declare the constitution dead and My Word shall be law .
The only law that shall be ,shall be as I declare , subject to my whims of the moment .
You may now use your constitution to help alleviate the toilet paper shortage .
Let it be written , let it be done