Rockland Coronavirus Update: Enforcing Social Distancing

UPDATE APRIL 8 — Rockland County Sheriff Louis Falco, along with county District Attorney Thomas Walsh and the Deputy Health Commissioner, have been appointed as local points of contact for New York state's new Enforcement Task Force, Falco announced Wednesday. The task force was created to enforce state and local public health and safety rules during the new coronavirus pandemic.

Executive orders collectively known as PAUSE directed all non-essential businesses in New York to close their in-person operations and banned all non-essential gatherings of individuals of any size for any reason. In addition, Rockland County Health Commissioner Dr. Patricia Ruppert issued a Commissioner’s Order prohibiting gatherings under the state and county Sanitary Code.

To assist local authorities with enforcement of these orders, Gov. Andrew Cuomo established the New York State PAUSE Enforcement Assistance Task Force where people can file complaints regarding the operation of non-essential businesses or gatherings.

Complaints can be made 24 hours a day, 7 days a week online or by telephone:

• File a complaint against your employer or place of work.
• File a complaint about a business, location or incident in your community.
• Call 1-833-789-0470.

Falco said his department is working with town and village police departments to investigate complaints made to the task force.

"We ask that all residents of Rockland County to follow the guidelines for social distancing and
hygiene issued by our public health officials and the Governor, in order to flatten the curve and
help one another to stay safe," he said in the announcement.

There were 6,413 confirmed cases of new coronavirus in Rockland County as of midnight Tuesday, according to the state Health Department. The hardest-hit community is Monsey, where the virus has affected 2.4 percent of the population in zip code 10952, county health officials said.

The Rockland County Health Department reports 135 confirmed deaths due to COVID-19 as of Wednesday afternoon.

Statewide, 149,316 people have tested positive out of 365,153 people tested. New York has 9 million residents.

"These are difficult times and as we approach the Passover and Easter holidays we must once again rise to meet the challenges we all face. I understand the joy and peace that comes when we gather with our close friends and families but this year MUST be different," said Rockland County Executive Ed Day in a statement. "We implore everyone in our community to heed the advice of health officials and stay home as much as possible to curb the spread of this virus and safeguard the well-being of our loved ones. These upcoming holiday meals should only be celebrated with the members of your immediate household. The memories that we create this year will be remarkable for their unique response to the coronavirus pandemic.

"Despite the crisis we face, this is a time of rebirth, a time of hope and peace, when our spirits are filled and lifted. May we all reflect and have faith that we will emerge from this situation stronger than ever before."

NEW CITY, NY — To curtail the rapid spreading of COVID-19 in Rockland County, Rockland County Health Commissioner Dr. Patricia Ruppert issued a new Public Health Order April 6. It specifies criminal charges and fines for violating the social distancing and gathering prohibitions in New York State Executive Order 202.10.

This additional route of enforcement of the NY PAUSE program enhances the ability of law enforcement over gatherings that violate social-distancing guidelines, County Executive Ed Day said Monday.

"The orders issued today by our Health Commissioner have addressed the loophole that was keeping our local police agencies from being able to adequately enforce the Orders," Day said in his announcement about the new order. "This new Rockland County Health Order makes it illegal to participate in a group or gathering of more than 10 persons, or organize a gathering over 10 persons."

In addition, Gov. Andrew Cuomo announced fines for violating the state's order were increased to $1,000. SEE: $1K Fines For Social Distancing Offenses.

The highest concentration of cases is in Monsey and Spring Valley, according to the county's interactive map.

The Health Department's new order is Order 2020-0010S: COMMISSIONER’S AMENDED STANDING ORDER PROHIBITING GATHERINGS OF MORE THAN 10 INDIVIDUALS.

The Commissioner also issued amended orders for the following:

• Order 2020-008G: COMMISSIONER’S AMENDED SECOND EMERGENCY SCHOOL CLOSURE ORDER
• Order 2020-007G: COMMISSIONER’S AMENDED COVID-19 TEST PROTECTIVE ORDER

Order 2020-0010S, which is the "Social Distancing" order, prohibits gatherings in excess of 10 persons for any reason, not deemed essential by the Governor's orders and guidance. The County Department of Health’s social distancing order prohibits larger gatherings and groups of people. It provides a clear rule against the mere existence of a larger group or gathering and clarifies that charges may be brought simply upon the existence of such a group.

Day spoke Monday with the District Attorney and Sheriff. It was acknowledged that under the current enforcement scheme created by the Governor, gatherings themselves were not subject to criminal penalty. Penalties could only arise after there is interference with law enforcement trying to break up a large group, such as disorderly conduct, obstruction of governmental administration, etc.

However, if a group was acting peaceably, but did not disperse, the use of these laws seemed to be limited.

"I am pleased that we were able to work together with the Rockland County DA and the Rockland County Sheriff to bring clarity and consensus to this enforcement issue, and make it crystal clear to our residents that there will be consequences for anyone who violates the Orders," Day said.

Rockland DA Thomas Walsh issued a statement:

My office has been working closely with police officials and municipal attorneys, to navigate through the very difficult situation facing Rockland County since the outbreak of this life changing pandemic. The Rockland County District Attorney’s Office will prosecute any violation of a lawful order, based upon the facts and evidence, presented by a local law enforcement agency. We respectfully ask the great residents of Rockland County to strictly adhere to social distancing and maintain general hygiene in an effort to work together to defeat this pandemic. We want to thank our first responders and medical personnel for their tireless efforts in this tragic situation.

The County’s Public Health Order is in addition to the Governor’s Executive Orders, and provides a clear standard of behavior, which is enforceable by local and State law enforcement agents. The criminal penalties may be acted upon by law enforcement without the need for any Health Department intervention. Law enforcement can act on their own, citing violations or arresting persons on misdemeanor charges any time they observe groups or gatherings of more than ten people together.

Criminal penalties that may be asserted for violations include:

• Public Health Law § 12-b, which providing for a misdemeanor for violation of any of these health orders;
• Public Health Law § 348 providing for a violation punishable on conviction for a first offense by a fine of not more than two hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment; and for a second or subsequent offense by a fine not exceeding five hundred dollars or by imprisonment for not exceeding fifteen days, or both; and
• County Sanitary Code § 1.24.0 providing for a violation punishable on conviction for a first offense by a fine not exceeding two hundred fifty dollars ($250) or by imprisonment for not exceeding fifteen days, or both; and for a second or subsequent offense by a fine not exceeding one thousand dollars ($1,000) of by imprisonment for not exceeding fifteen days (15) or both.

Even in circumstances where the enforceability of the Governor's PAUSE orders may be unclear, these new Public Health Orders are immediately and fully enforceable in Rockland County under any and all of the penalties provided.

Due to amendments in the prior health orders, these criminal penalties are also enforceable against persons violating the County Health Department's orders concerning:

• School closures
• COVID testing protective order, requiring those who have been tested to stay home until results are received.

As we approach the Easter and Passover holidays, we implore everyone in our community to heed the advice of health officials and stay home to curb the spread of this virus, Dr. Ruppert said. These upcoming holiday meals should only be celebrated with the members of your immediate household. The NYS Department of Health has also issued updated guidance on this subject, making it clear that non-essential gatherings of any size for any reason, including worship services, parties, celebrations or other social events, are cancelled or postponed.

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