By Juan Montoya
You can only have one person riding in a car. And if you are out on the road, be ready to explain the "essential" nature of your trip.
A law enforcement officer will determine whether it is or not and take "appropriate" steps, including citations or possible arrest.
If there are two people in their a vehicle, they must have a justifiable reason to be together and explain it to law enforcement.
Even if both occupants live together, they must both be wearing a face mask or an acceptable face covering inside their car.
No one under 14 years old should be in a car with an adult unless it is a single parent or medical emergency.
Punishment for running afoul of these "laws" could result in imprisonment or $1,000 fine.
Only one person is allowed to go to the grocery store and do the shopping for everyone in the home.
You can't go to the a park or the beach even if you are by yourself. The county has closed all beaches and parks to make it easier for you to obey.
So far, the Cameron County Sheriff's Dept. has made 2,000 traffic stops and issued 200 citations.
While restrictions on freedom of assembly and movement (Stay at Home) are probably inevitable under the social-distancing circumstances, many countries have gone well beyond this in terms of restricting democratic liberties.
These restrictions can be roughly grouped into four categories: (1) enhanced surveillance powers, (2) suspension of rights, (3) control over information; and (4) delayed elections.
Forbes reports that this grend is worldwide:
"In China, citizens of hundreds of cities have been required to install tracking software on their smartphones. The software shares location data with the police. In Israel, the police are now allowed to use cellphone data to track the locations of those suspected of being infected. No court order is required. In Poland, the government is using facial recognition technology to track people’s movements."
Farfetched that it might happen here? Not so fast.
"Here in the United States, an army of drones will soon be monitoring compliance with social distancing orders. The mayor of Elizabeth, New Jersey has announced:
“Some may notice drones monitoring your neighborhoods. These drones are going to alert people to move away from each other if they are congregating . . . Summonses HAVE AND WILL CONTINUE to be issued to those found in violation. Fines are up to $1000. You have been advised.”
The various stay at home orders issued so far are probably constitutional because they are narrowly tailored to further the compelling governmental interest in controlling the spread of the virus.
The various stay at home orders issued so far are probably constitutional because they are narrowly tailored to further the compelling governmental interest in controlling the spread of the virus.
That is a far cry from declaring that the right to association has been suspended altogether. And warrantless searches and arrests are an arrow through the heart of a democratic society. The requirement that warrants be issued by an independent judiciary is a core protection against tyranny.
We are used to countries suspending individual liberties because of national disasters and war, but the erosion of civil liberties is insidious and pervasive during these periods.
If we wanted to protests the civil rights- restrictive edicts at the local level by gathering (with appropriate social distancing) in front of the federal courthouse on Harrison Street in violation of the Stay at Home laws, would we be able to exercise our right to free expression and association? Or could we be arrested?
Trump now says the U.S. Constitution doesn't apply when he claims"absolute authority" over the states, and if that attitude trickles down to the local level it could prove more contagious and dangerous to individual rights than the COVID-19 itself.