Citizens protest COVID-19 ‘stay-at-home’ orders, claiming they violate constitutional rights

On Jan. 21, 2020, the first case of coronavirus to reach the United States was identified in Washington state. Officials in Santa Clara County, California, reported the earliest death from coronavirus in the country to have occurred there on Feb. 7. 

The federal government has struggled to coordinate a national response to the pandemic. On March 27, 2020, Congress managed to pass a $2 trillion stimulus bill designed to give Americans financial relief from the economic effects of the pandemic. However, President Donald Trump has downplayed the crisis and undermined the advice of health experts, handicapping the country’s pandemic response. Trump has endorsed faulty or unproven treatments for COVID-19 and has given air to conspiracies about the disease’s origin. On July 6, after months of threats, Trump submitted an official declaration to the World Health Organization announcing that the United States would withdraw from the organization. 

Lacking national leadership, governors have been responsible for combatting the pandemic on a state level. As the pandemic worsened in its severity throughout the month of March, governors across the United States began issuing “stay-at-home” orders that asked people to shelter in their residences unless they needed to visit essential businesses (such as grocery stores or pharmacies) or were essential workers themselves (primarily involved in health care). These orders were implemented in an effort to contain the spread of the virus. 

In many states where stay-at-home orders were put in place, protests exploded. Demonstrators claimed the restrictions on social gathering and nonessential businesses were “unconstitutional.” But governors in these states, as well as many others, maintained that the stay-at-home orders were both constitutional and necessary for combatting the pandemic. This report provides a small sampling of the events in various states involving resistance to efforts to get the virus under control.

Beginning with Memorial Day weekend, perhaps in part because of this resistance, the United States saw a new and drastic increase in COVID-19 cases and deaths, according to The New York Times. Between June 30 and July 10, the U.S. set seven records for daily COVID-19 cases. On July 10, the numbers peaked at more than 86,000 new cases in a single day. States that had been quick to lift restrictions — such as Florida, Arizona, and South Carolina — were the hardest hit by new cases. The New York Times reported that Florida’s cases had risen by 1,393% within nine weeks of its May reopening. Many states previously reluctant to close down or too quick to reopen have been forced into lockdown. Amid a rise in cases, Arizona’s governor reversed his initial reopening plan on June 29. Taking effect that night, his new order required all bars, nightclubs, and waterparks to close for at least a month, despite previously being allowed to reopen. 

This significant rise in cases also came amid nationwide backlash against mandatory mask orders. Official recommendations from the Centers for Disease Control and Prevention cautioned Americans to wear a face covering in public. However, Trump told The Wall Street Journal that he believed masks could be counterproductive, calling them a “double-edged sword” because they may cause people to touch their face more often. Political leaders throughout the country, both at local and state levels, have mandated masks in public, leading to protests and general uproar. 

IDAHO

Summary

Idaho Gov. Brad Little announced a stay-at-home order in late March 2020. Protesters gathered throughout the following weeks in Boise, the capital, demanding that the state’s economy be reopened. When they were criticized for gathering to demonstrate and ignoring social distancing requirements, they argued their Free Speech was being violated. In May, Little announced a phased reopening plan. 

Key Players

Gov. Brad Little (R) took office in January 2019. On March 25, 2020, he issued a statewide stay-at-home order and later amended it to last until April 30. On May 1, he announced a four-stage reopening plan for the state of Idaho.

The Idaho Freedom Foundation (IFF) is a nonprofit organization that “exists to advance conservative principles,” according to its website. IFF sparked the Disobey Idaho movement that eventually initiated large protests in Boise.

Heather Scott (R) is a member of the Idaho House of Representatives, representing Bonner County in northern Idaho. 

Further Details

The IFF created the Disobey Idaho movement as a rallying cry against Little’s stay-at-home order. In a letter to the governor, IFF President Wayne Hoffman called for a less vague and “sweeping” mandate, claiming that “nonessential business” is too vague a term and that those not at high risk for experiencing deadly symptoms from the disease should not be placed under heavy restrictions. 

Idaho Attorney General Lawrence Wasden spoke out against the protesters, the Idaho Statesman reported. Wasden said the governor’s stay-at-home order “is well within the constitutional and statutory boundaries for such an order.” Furthermore, the Office of the Attorney General stated that the governor has the authority to take such action under Idaho law, as outlined in its “Stay at Home Order Frequently Asked Questions” report. 

But other Idaho officials opposed Wasden’s position. In particular, two officials from Bonner County publicly spoke out against the order. 

On April 2, Scott sent an electronic newsletter to her constituents urging Idahoans to protest Little’s order and telling them to “stand and speak up against tyranny at all levels of government.” Concurrent with the critiques the IFF put forth, Scott further proclaimed that all businesses were essential and that none should be shuttered. Moreover, Scott, in an interview with podcast host Jess Fields, called the Idaho governor “Hitler” and likened those being prohibited from working to Holocaust victims, according to The Spokesman-Review. The Bonner County Human Rights Task Force told The Spokesman-Review via email that Scott’s comments reflected a “deep disregard and lack of respect for what the Jewish people experienced during the time of the Holocaust.”

Also on April 2, Bonner County Sheriff Daryl Wheeler sent a letter to Little, imploring the governor to call an emergency state Senate meeting to discuss the “unconstitutional” stay-at-home policy, as Wheeler termed it. Wheeler wrote he did not believe suspending the Constitution is wise, “because Covid-19 is nothing like the plague.” The sheriff also attached a letter written by one of Scott’s constituents critiquing the government’s response to the coronavirus. The Idaho Statesman reported that it had reached out to Little for comment, but received no response. 

On April 17, the IFF, along with Health Freedom Idaho (HFI) and the Idaho Second Amendment Alliance, organized a protest on the grounds of the Capitol in Boise. In a post advertising the event from HFI’s Facebook page, the group claimed Little’s “‘Emergency Declarations’ are unconstitutional.” The post also said the stay-at-home order has “injured 100,000+ people financially and 100,000+ pounds of food, not to mention the impact on at-risk families who struggle with mental health and domestic abuse.” The group did not cite any sources for these statistics. 

The hundreds who attended the April 17 rally did not maintain an adequate social distance (that is, they did not stay six feet apart) from each other, according to The Washington Post. Meanwhile, KBOI-TV, an Idaho-based CBS affiliate, reported that one speaker at the event said, “We hope and we pray that this movement that we have here today will not just make a change here in Idaho, but that we will spark a movement to end this type of government overreach, government abuse of power and these authoritarian power grabs that are happening all around the world, let it start right here in Idaho.”

HFI also shared a public event on its Facebook page titled “Freedom Rally,” a protest that took place in Boise on May 2. 

Outcome

Governor begins reopening plan for Idaho

On May 1, Little began implementing a four-phase reopening process for the state of Idaho. On June 25, Little announced that Idaho would be taking a regional approach to reopening, rather than the original statewide strategy. As of July 13, 2020, by which time Idaho had a total of 10,971 COVID-19 cases, the state overall was in stage four, which lifted restrictions on the number of people at any gathering, as well as permitting nonessential travel and the operation of large venues under social distancing protocol. 

Protests over mandated masks

On July 2, Boise Mayor Lauren McLean (D) announced that masks would be mandatory for city residents beginning on July 4. One day before the mandate took effect, a crowd gathered outside of Boise City Hall to protest. The rally was led by HFI, according to the Idaho Statesman.  

WASHINGTON 

Summary

After Gov. Jay Inslee’s stay-at-home order to slow the spread of COVID-19, demonstrators in both Western and Eastern Washington protested the restrictions. Government officials began to agree publicly with protesters as well, calling on Inslee to ease restrictions significantly in counties with low case numbers. Tensions escalated, and on May 9, 2020, those who contacted authorities to report businesses violating the stay-at-home order had their private contact information released on Facebook by anti-lockdown protesters. Inslee announced a phased reopening in late May.

Key Players

Jay Inslee (D) has served as governor of Washington state since 2013. On March 23, he issued a “Stay Home — Stay Healthy” order, and later announced it would remain in effect until May 4, 2020. The decree banned public gatherings and required nonessential businesses to remain closed. 

Matthew Shea is a member of the Washington House of Representatives, representing the area of Spokane Valley. In 2019, Shea was expelled from the Republican Party after an investigation by independent investigators comissioned by the state House of Representatives revealed he had allegedly committed acts of domestic terrorism between 2014 and 2016. 

The first incident involved Shea and Nevada rancher Cliven Bundy, who worked together to create an armed resistance against the federal government, the investigation revealed. They would later conduct an armed takeover of the Malheur National Wildlife Refuge in Oregon, which resulted in a 41-day standoff between their adherents and government officials. In 2015, Shea used Facebook to encourage his followers to take up armed defense in Priest River, Idaho, where the U.S. Department of Veterans Affairs was attempting lawfully to remove firearms from the homes of veterans that medical professionals had flagged. Independent investigators commissioned by the legislature say Shea participated in three armed conflicts. The FBI is now leading that investigation, and as of July 13 it was still ongoing. 

Further Details

Inslee’s order sparked a series of protests and pushback throughout the state. On April 19, 2020, about 2,500 people gathered in the capital city of Olympia, located an hour southwest of Seattle, to protest. Tyler Miller, one of the individuals responsible for organizing the Olympia protest, called Inslee’s decisions “unconstitutional,” according to The Olympian.

In Spokane, just 30 minutes from the Idaho border, protests occurred weekly. According to The Spokesman-Review, a local bartender named Brian Forrilla scheduled them every Sunday afternoon on the steps of the local courthouse. Forrilla argued that the government was exaggerating the severity of the coronavirus and, despite both federal and local government officials emphasizing otherwise, expressed deep concerns that the government would order grocery stores to shut down, cutting people off from their food supply, The Spokesman-Review reported.

Shea came out in support of the protesters, publicly criticizing Inslee’s decisions in response to the COVID-19 pandemic. In a Facebook post, Shea agreed with those calling on the government to reopen the economy “tomorrow.” Moreover, Shea stated that the restrictions appropriate for King County — where Seattle is located and which reported disproportionately more cases than any other part of the state — should not be applied equally to rural areas, such as Spokane County, because the “numbers don’t support it.” By April 19, King County had reported 5,135 positive cases of the coronavirus, compared to 302 in Spokane County and as few as one in some rural Washington counties. 

During an April 17 news conference, Spokane County Sheriff Ozzie Knezovich concurred with Shea, arguing that Inslee needed to make adjustments for Spokane residents. Given that some jobs can be done with social distancing, such as construction, Knezovich said he wanted those employees to be allowed to return to work. 

Other officials received formal reprimands for speaking out against Inslee’s order. The City Council of Yakima, in Central Washington, formally censured a councilmember after he posted inflammatory comments on Facebook, including one where he urged workers “to take off their masks and go back to work,” according to The Spokesman-Review. 

Outcome

Protesters target citizens reporting businesses for violating restrictions

On May 9, 2020, two Facebook groups that had previously promoted protests against Inslee’s stay-at-home order across the state posted the names, email addresses, and phone numbers of people who had reported businesses that were in open violation. One far-right Facebook group, the “God Fearing Patriots,” posted its list with the message, “Want to snitch on your neighbor? Don’t expect to hide behind you [sic] computer screen” according to The Spokesman-Review. 

A woman in King County reported that she received threatening phone calls and email messages soon after the posts were made. A spokesperson for the Washington Joint Information Center explained to The Spokesman-Review that the information likely came from a public records request to the state.

Governor reopens Washington

On May 29, 2020, Inslee announced a four-phase reopening plan similar to Idaho’s, but with each individual county required to apply to move forward with the plan. On June 27, Inslee announced a pause on allowing counties to move to stage four, and on July 8, Washington Health Secretary John Weisman said it was unlikely the pause would be lifted soon if cases continued to increase, according to the Kitsap Sun. Thus, as of July 13, 2020, no counties had reached the final stage of reopening, and the majority were in phase two. 

On June 23, 2020, Inslee announced a statewide requirement that people wear a mask in public; children under two were exempted, and masks were not required while sitting at a restaurant or participating in outdoor recreation alone or with household members.

On July 1, 2020, Inslee announced a “short-term extension through July 9” of emergency statewide COVID-19 restrictions, according to The Seattle Times. It required businesses to follow additional safety guidelines. 

CALIFORNIA

Summary

Some anti-lockdown gatherings in California resulted in protesters facing charges. One person in Huntington Beach menaced a Fox News cameraperson covering a protest, while another in San Diego was threatened with a misdemeanor charge for organizing a demonstration that would violate social distancing requirements. Despite Gov. Gavin Newsom’s announcing a phased reopening plan, protesters continued to voice their concerns, claiming he should have acted sooner. 

Key Players

Christien Petersen is a 36-year-old from Costa Mesa who was arrested in the aftermath of a protest in Huntington Beach when he threatened a reporter with violence for recording him. 

Governor Gavin Newsom (D) assumed office in January 2019. He issued a statewide stay-at-home order on March 19, 2020. In early May, Newsom gave local health jurisdictions and industry sectors the ability to reopen gradually under guidance from the state.

Further Details

In response to Newsom’s stay-at-home order, more than 200 protesters gathered in Huntington Beach on April 17, 2020. After the demonstration ended, Petersen held a Fox News cameraperson at knifepoint when the journalist refused to stop filming him, according to the Los Angeles Times. Police also reported that Petersen was intoxicated at the time of the incident, after which he was charged with “exhibiting a deadly weapon other than [a] firearm” and “kidnapping,” according to the LA Times. 

On April 21, Petersen was released after posting bail, set at $100,000. As of July 13, he had not appeared in court on the charges. 

Many protesters were carrying “large sticks that could be used as weapons,” according to Huntington Beach police. However, authorities reported that the demonstration itself remained peaceful; no violent acts were committed until the majority of people had dispersed, at which time Fox News began covering the story on the scene. 

The protest was dubbed the March for Freedom by demonstrators, whose main demand was to open up businesses. One man from Costa Mesa held a sign with the old American colonial slogan of “Live Free or Die.” The event was organized via Facebook. 

Outcome

California implements phased reopening; cases rise even as protests die down

Similar to many other states, California began a county-by-county four-stage reopening strategy. Newsom announced the plan on May 4, 2020, and many counties had entered stage two by May 8. Despite restrictions being lifted, protests continued. On May 23, 2020, hundreds gathered at the Capitol building in Sacramento, according to U.S. News and World Report. Protesters argued that Newsom had overreacted and that the economy should have opened much sooner. 

During the last two weeks of May, California saw a 70% increase in daily cases, according to Politico. On June 18, Newsom issued a statewide order making masks mandatory in public. Throughout the ensuing month, however, as California’s economy continued to reopen, coronavirus cases and hospitalizations skyrocketed, according to the LA Times. By July 13, more than 7,000 Californians had died from the virus, which, according to metrics, was spreading at an alarming rate, the LA Times reported. As a result, several California counties began scaling back reopening plans — putting renewed restrictions on indoor gatherings, restaurants, and church services — in an attempt to slow the contagion. 

Public health officials in California spoke out about the various threats they had received over COVID-19 regulations. During a June 22 press conference, Barbara Ferrer, public health director for Los Angeles County, discussed written threats of violence and death she had endured over the previous three months, according to the LA Times. Similarly, Orange County Chief Health Officer Nichole Quick resigned after receiving personal threats for implementing a countywide mask requirement. The order was revoked before it went into effect, due to backlash from citizens, according to CalMatters.

In an effort to protect public health officials, State Sen. Richard Pan (D) from Sacramento rewrote a state bill in an effort to improve the protection of public health officials’ privacy, Politico reported. 

MICHIGAN 

Summary

In response to Michigan Gov. Gretchen Whitmer’s stay-at-home order, protesters gathered regularly at the Capitol in Lansing. However, tensions peaked when some protesters turned up armed and, in late April 2020, stormed the building. While no one was injured, state legislators described feeling unsafe and intimidated by the group. Similar incidents occurred throughout May. 

Key Player

Gov. Gretchen Whitmer (D) assumed office in January 2019. On March 23, 2020, she issued a “Stay Home—Stay Safe” order that would last until May 31. Many critics claimed it was far too strict. In particular, some opposed her ban on travel to in-state vacation homes, as well as restrictions on outdoor recreation such as boating. On June 1, she announced a phased reopening plan.

Further Details

On April 15, 2020, roughly 3,000 protesters gathered at the steps of the Capitol in Lansing, some using their cars to block traffic. Like other stay-at-home protesters around the country, a woman who attended the rally told CNN she believed restrictions should only apply to those who are part of an “at-risk” demographic for the virus. 

In response to the demonstration, Trump tweeted, “LIBERATE MICHIGAN!” Whitmer reacted to Trump’s tweet by telling PBS, “President Trump called this a war, and it is exactly that. So let’s act like it.”

On April 30, about 1,500 Michigan protesters again convened at the Capitol armed with guns and tactical gear, according to the Associated Press. Demonstrators entered the building and demanded to be let onto the House floor and into Senate galleries, but were granted entrance only to the latter. Many senators chose to wear bulletproof vests in preparation for the planned demonstration. The Detroit News reported that, while Michigan law does permit guns inside the Capitol, state senators had mixed opinions about whether this law should be repealed. 

According to NPR, Democratic lawmakers requested that guns be banned on the Capitol grounds. The Michigan State Capitol Commission has since formed a subcommittee to research and discuss this request further. State Senate Majority Leader Mike Shirkey (R) spoke out against the proposed ban, calling it “cowardly,” NPR reported. 

On May 14, 2020, armed protesters once again gathered outside the Michigan Capitol. While the demonstration did not turn violent, state officials announced that any protester who threatened harm would be arrested. 

A week later, seven hairdressers were issued tickets by Michigan law enforcement for offering haircuts to stay-at-home protesters outside the Capitol. They were charged with disorderly conduct and a misdemeanor for clearly and intentionally violating social distancing requirements, the Associated Press reported. 

Outcome

Michigan enters stage four

Michigan, like many other states, opted for a phased approach to reopening. On June 17, Whitmer announced that Michigan would enter the final stage, in which most businesses — with the exception of close-contact services, such as hair salons and gyms — would be allowed to reopen. Bars and restaurants could also operate at 50% capacity. However, on July 1, 2020, Whitmer halted reopening businesses amid a new spike in COVID-19 cases.