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‘Stay at home’: Is order ‘enforceable’?

FAIRMONT — Martin County commissioners met via conference call in an emergency gathering Thursday morning, to discuss county operations in response to the ongoing COVID-19 pandemic.

The board heard an update from County Emergency Management director Abigail Nesbit.

“As far as the stay-at-home order from the governor, it’s a non-enforceable order, so if people go out to get groceries, pick up medications or go to the doctor, there’s nothing we can do with law enforcement to pull them over, ticket them or anything along those lines,” she said. “This order is in place so that people take this virus seriously. They need to be staying home whenever they can and not going around putting themselves and their community in danger.

“With the sheriff’s Facebook page video, we’ve reached about 15,000 people, and it’s had extremely positive results. People are thankful for the updates, and they asked questions. People asked if they need notes to go outside, which they do not need.”

The governor’s order takes effect 11:59 p.m. today.

County Attorney Terry Viesselman weighed in, noting there is a Minnesota law that designates violating the order as a misdemeanor. “So they can be ticketed for violating the order,” he said.

Commissioner Kathy Smith asked Viesselman if people gathering together can be found in violation.

“It means if you went over to your neighbor’s house to have a beer and watch a movie and law enforcement found out, you could all be ticketed,” he replied.

Viesselman noted that the order does allow “pleasure driving,” meaning officers still need probable cause to stop a vehicle. People are allowed to ride in a vehicle with family members.

Sheriff Jeff Markquart noted the difficulty faced by law enforcement in determining who is in violation of the order.

“We could stop 25 cars after the order is in effect, and at any time of the day they could say, ‘Well, I’m just going to get groceries’ and there’s not a thing we could do about it.”

“Well, it’s typical law enforcement, you’ll have to do the investigation” Viesselman said. “If you’re going to go to the grocery store but you’re driving the wrong way from your house, then you’re going to get a ticket.”

“But it doesn’t say which grocery store,” Markquart noted. “This whole thing is vague, I could say I’m driving west from Fairmont going to Jackson to get my groceries. It doesn’t say I can’t leave the county.

“Over 80 percent of these things that are essential, it’s crazy. I can tell you that we are not going to be very stringent on stopping people just because of the way this is written.”

In other action, the board chose to extend the Martin County Library closure indefinitely.

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