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They're 'Unconstitutional': Sheriffs Are Refusing to Enforce Stay-at-Home Orders
Townhall.com ^ | May 2, 2020 | Beth Baumann

Posted on 05/02/2020 5:33:54 PM PDT by jazusamo

Governors across the nation have issued stay-at-home orders. Many have extended them once or twice. Some have even gone so far as to threaten to slap residents with fines. But what these governors are counting on is local police departments and sheriffs to enforce their orders. Sheriffs from around the country are standing up and refusing to enforce the orders because they believe them to be unconstitutional.

Two Arizona Sheriffs – Doug Schuster of Mohave County and Mark Lamb of Pinal County – said they will not enforce Gov. Doug Ducey's (R) stay-at-home order. Both Schuster and Lamb agreed to talk with residents about violating the governor's order but they would not arrest those who refuse to comply, Arizona Central reported.

Even though Mohave County is home to Lake Havasu City, one of the state's most popular tourist attractions, the sheriff believes people will be respectful of Ducey's orders.

“We’ll get compliance,” Schuster said. “These businesses are not looking to butt heads with law enforcement or the state.”

Sheriff Lamb, who has become a regular on A&E's "Live PD," said he never intended to make his "unspoken rule" known, but the governor's orders forced him to do so.

“I think people want to know that we’re going to support their constitutional rights,” Lamb said. “I felt (Ducey) pushed me into a position where I needed to make our stance clear.”

According to the Pinal County sheriff, the state's low number of Wuhan coronavirus deaths – 330 – no longer justified a stay-at-home order and keeping people from their livelihoods. He even went so far as to say he would join a lawsuit challenging Ducey's order.

“Three hundred deaths is not a significant enough number to continue to ruin the economy," Lamb said.

Schuster said if he received a complaint about a business, such as a restaurant being open, he would show up and encourage them to practice social distancing and other health care guidelines.

“Call me a coach,” he said. “We’re here to support you. We want to see businesses get back to normal as quickly as possible.”

Schuster said he has no desire to arrest people who are filling restaurant orders.

“My conscience will not allow me to arrest someone who is trying to make a living,” he said. “I don’t believe it is a crime to try and make a living.”

Two sheriffs in Washington State – Snohomish County Sheriff Adam Fortney and Franklin County Sheriff J.D. Raymond – had similar sentiments.

Fortney took to Facebook to explain why he thought Gov. Jay Inslee's (D) orders were wrong.

"I am worried about the economy and I am worried about Washingtonian’s that need to make a living for their family. As more data floods in week by week and day by day about this pandemic I think it is clear that the 'models' have not been entirely accurate," he wrote in a post. "While that is okay, we cannot continue down the same path we have been on if the government reaction does not fit the data or even worse, the same government reaction makes our situation worse."

He went on to say he believed Inslee's orders violated the Constitution.

"As your elected Sheriff I will always put your constitutional rights above politics or popular opinion. We have the right to peaceably assemble," Fortney said. "We have the right to keep and bear arms. We have the right to attend church service of any denomination. The impacts of COVID 19 no longer warrant the suspension of our constitutional rights."

Sheriff Raymond said he refuses to enforce Inslee's orders or "guidelines that infringe on your constitutional rights," KOMO-TV reported.

Raymond made the case that residents can be adults and care for themselves.

"I believe that social distancing and taking appropriate and proper steps to slow the spread of the virus and control its transmission is important," he wrote in a letter to his constituents.

Sheriffs across the nation are standing up against laws they believe are unconstitutional. It really is similar to sheriffs who are bucking gun control laws across the nation. They took an oath to uphold the Constitution and are doing everything in their power to preserve and protect their constituents' rights.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Arizona; US: Washington
KEYWORDS: 1a; arizona; constitutionalleo; coronavirus; dougducey; firstamendment; franklinco; jayinsley; mohaveco; pinalco; sheriffrtopcop; sheriffs; snohomishco; stayathomeorders; takethatfedz; unconstitutional; washington
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To: mountainlion

Colorado does NOT have a state police force; when you search for “Colorado State Police”, here’s what you get: a gazillion hits for Colorado State Patrol

https://www.google.com/search?client=firefox-b&ei=1lWvXsyxGtTQtQaij6WoCQ&q=”Colorado+State+Police";

“CSU has a contingent of Colorado State Police officers”

indeed ... that’s the name of their campus police force, and the reason the name is “Colorado State Police” is because the name of the university is “Colorado State” ...


61 posted on 05/03/2020 4:42:00 PM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: Elsie

That movie and the lengths the government will go to to coverup.....says it all.


62 posted on 05/03/2020 5:16:09 PM PDT by redshawk ( I want my red balloon. ( https://youtu.be/V12H2mteniE))
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To: Harmless Teddy Bear
One that is in compliance with the Constitution.

How about an 'order' that merely follows the chain of command?

63 posted on 05/03/2020 6:02:11 PM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: Elsie

What movie was that taken from?


64 posted on 05/03/2020 6:16:10 PM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: catnipman
This is form post 56:To: mountainlion
The Colorado State Patrol, based in Lakewood, Colorado, is a
division of the Colorado Department of Public Safety, and is
one of the official state police agencies of Colorado, along
with the Colorado Bureau of Investigation and several smaller
state agencies.

https://www.google.com/search?q=colorado+state+police&rlz=1CAXGER_enUS827&oq=colorado+state+police&aqs=chrome..69i57j0l7.9791j0j8&sourceid=chrome&ie=UTF-8

65 posted on 05/03/2020 6:52:31 PM PDT by mountainlion (Live well for those that did not make it back.)
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To: mountainlion
The Colorado state Patrol do the job of police in the state of Colorado. They are the only ones that can perform law enforcement in some instances. I guess that in splitting hairs these police are not State Police. It does not really matter to me as I am not anal about definitions.

Do not mess with the Colorado State Police at CSU as they are sworn in by the City of Ft. Collins, Larmier County, State of Colorado and Sworn in by the Federal government because campuses are in those locations. They sure have a lot of authority for not being “State Police”.

66 posted on 05/03/2020 7:04:35 PM PDT by mountainlion (Live well for those that did not make it back.)
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To: wastedyears
Nope.

The chain of command is subordinate to the Constitution.

There are limits on what the chain of command may legally order.

Why do you think the oath always includes the words "uphold and defend the Constitution"?

In the Military it is not only the Constitution but includes "regulations and the Uniform Code of Military Justice". You are obligated NOT to obey an order that is contrary to those things.

67 posted on 05/03/2020 8:21:17 PM PDT by Harmless Teddy Bear (Leave it to me to be holdin' the matches when the fire truck shows up & there's nobody else to blame)
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To: mountainlion

yep, colorado state highway patrol to patrol highways (and protect gov and state capital) plus the CBI, which provides forensic support for various LEO departments, but NO state police force that has state-wide arrest powers ... period ...

in colorado, criminal arrests are performed by county sheriffs, municipal LEOS and highway patrol for stuff that happens on highways ... that’s it ... no state police ...

https://www.colorado.gov/cbi

https://www.colorado.gov/csp


68 posted on 05/03/2020 8:48:51 PM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: Tennessee Conservative

“I’m getting a little touchy over the mask hate because people are being targeted and threatened for wearing them.”

All I see is the opposite: people like myself, who don’t want to wear a mask are the victims here. We are the ones being threatened.

We get dirty looks, are barred from entering places - we get lectured by bureaucrats and LE - we are even called killers by all sorts of Karens and chicken littles who suddenly think obeying the the state is the highest virtue.

These good little social distancers of 2020 remind me of the loyalists of the 1770’s. They hated the patriots who dared to fight for freedom. Many ran off to Canada and I hope the masks wearers of today follow them there.

I’m sorry, but I know who is a Democrat and who is a Republican in my small PA town - and I can tell you, the Democrats were the first ones to put the masks on, and they will be the last to take them off.

This is all a political ruse - every Democrat wants to exaggerate this virus as much as possible right up to the election in November. They are hoping the economy looks bad so Trump loses. Then the day after the election, the masks will come off - both literally and figuratively.


69 posted on 05/04/2020 2:27:17 AM PDT by enumerated
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To: enumerated

It has been the opposite here. Almost all of the people wearing masks here have been elderly. Most people here are Conservative and they are the ones that are threatening people. Nobody is threatening people not wearing them. It’s all directed at the elderly or people like me, with a medical condition that could be deadly with any respiratory virus. I wear one every flu season. I’m not wearing it only because of COVID. I don’t care if people wear them or not and most of us don’t. I’m not taking off a mask that I wear EVERY FLU SEASON just because some people don’t like it.


70 posted on 05/04/2020 4:33:49 AM PDT by Tennessee Conservative
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To: jazusamo
Cops Should Enforce the Law, Not the Whims of Politicians
71 posted on 05/04/2020 4:40:37 AM PDT by mewzilla (Break out the mustard seeds.)
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To: wastedyears

Close Encounters of the Third Kind.


72 posted on 05/04/2020 4:54:35 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

73 posted on 05/04/2020 5:01:01 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: catnipman

So city police take care of the cities. The sheriff officers take care of counties so you say that the rest of the state I lawless?


74 posted on 05/04/2020 7:52:11 AM PDT by mountainlion (Live well for those that did not make it back.)
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To: Tennessee Conservative

Sounds like you should move to Pennsylvania, and I should move to Tennessee.


75 posted on 05/04/2020 8:24:27 AM PDT by enumerated
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To: mountainlion

“The sheriff officers take care of counties so you say that the rest of the state I lawless?”

there is no “rest of the state”: all territory is fully covered by county sheriffs and/or muni LEOs ...


76 posted on 05/04/2020 8:28:25 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: enumerated
We haven't been that locked down here. Places like beauty shops and others have been closed but mostly it's been business as usual. They open this week. The businesses are requiring their employees to wear masks and asks that customers do but they don't require it. The only people here that have a problem about other people wearing masks are the far right extremists vigilantes that don't like them wearing them for some reason. Yes, we have our version of bleach drinking pod eaters too. IMO, nothing you voluntarily do to protect yourself is left or right. As long as it's a choice that doesn't harm anybody else it shouldn't be a big deal. I think that's the difference. We aren't forced. Forcing people to wear them is wrong unless it's your employer forcing you. The public shouldn't be forced.

You don't get harassed here for not wearing a mask. I don't care if a person wears one or not. I just keep my distance from those. I figure that if they don't care about their own health they surely won't care about mine. These people aren't libs either. My County is mostly Conservative. I know masks aren't perfect but they are a few layers between you and somebody else and are better than nothing.

77 posted on 05/04/2020 8:54:30 AM PDT by Tennessee Conservative
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To: catnipman

My sheriff will not enforce laws in another county or sate wide there are a lot of state laws Sheriffs will not enforce.


78 posted on 05/04/2020 11:04:29 AM PDT by mountainlion (Live well for those that did not make it back.)
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To: jazusamo

When the sh*t hits the fan, you quickly identify your friends and your enemies.


79 posted on 05/04/2020 11:06:24 AM PDT by 1Old Pro (#openupstateny)
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To: Tennessee Conservative

“....far right extremists vigilantes...”

You are on FR and call yourself “Tennessee conservative”, but I have to say it’s kind of odd that the only people you have a problem with are “far right extremist vigilantes”.

Around here, the only people who would even use a phrase like that are the Lefties.

Like I said, it sounds like you would get along better with the Lefties up here in Philadelphia, who all love wearing masks (and lecturing those who don’t), and I would get along just fine with your “far right extremist vigilantes”.


80 posted on 05/04/2020 7:14:52 PM PDT by enumerated
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