Governor Charlie Baker has ordered all non-essential businesses to close starting Tuesday, under what he is calling “Stay at Home” advisory. Businesses which ignore the advisory will face a fine, and local authorities may be able to enforce the advisory for individuals. I have not been able to clarify what local enforcement might look like.
A list of essential services, as defined by the state, is available here.
The Globe also has a good Q&A about what this means for individuals, which you can read here.
Note: This is not a “shelter in place” order. Governor Baker made that explicit, saying “I do not believe I can or should order U.S. citizens to be confined to their homes for days on end. It doesn’t make sense from a public health point of view, and it’s not realistic.”
This is a no-lose strategy for Baker-Polito!
Possible outcome #1: The COVID-19 infection rate is as bad as predicted and the Baker-Polito administration is praised for its sagacious foresight.
Possible outcome #2: The COVID-19 infection rate isn’t as bad as predicted and the Baker-Polito administration is praised for having averted a crisis through its valiant leadership.
PS Gotta love the classification of liquor stores as “essential” services. This is a serious public health crisis, but it’s not that serious, right?
I think this is a sensible next step. It removes the economic power of an employer over an employee that compels them to work in a potentially risky non-essential role.
That will likely eliminate a fairly large number of circumstances where social distancing wasn’t being done.
While I support Governor Baker’s intention and tone, it’s important to remember that freedom of assembly is a right specifically guaranteed by the constitution. Anyone with a lick of common sense is practicing social distancing right now. But no elected official has the power to suspend the constitutional right of assembly for a pandemic. It’s fine to advise people to not congregate in groups of 10 or more. If that advice turns to enforcement, the constitution will become a victim of caronavirus.
Mike, lawyers in the audience can chime in better, but freedom of assembly is limited in the same way all of our rights are.
‘Time, place, and manner restrictions are permissible so long as they “are justified without reference to the content of the regulated speech, . . . are narrowly tailored to serve a significant governmental interest, and . . . leave open ample alternative channels for communication of the information.”’
https://www.loc.gov/law/help/peaceful-assembly/us.php
@Mike you are correct in asserting that the First Amendment protects the right to conduct a peaceful public assembly however the right to assemble is not absolute. Our government can impose restrictions on the time, place, and manner of peaceful assembly. So yes the Government can and does limit some public assembly. You know that permits are needed for large events? And yes at in a case like a national pandemic public assembly can by suspended.
Legal considerations aside, I agree it’s a smart move.
I’ve noticed that the Mayor’s updates include the instruction:
“If you need to go to the grocery store, drug store, a bank or a gas station, follow social distancing guidelines by going at off hours.”
Even if – when schools and most businesses are closed – the concept of ‘off hours’ were still valid, a message like this defeats it’s own purpose. I wonder if anyone has given thought as to how the city might facilitate the optimal distribution of shopping activity rather than leave each individual concerned citizen to hazard a guess.
@Mike: Gov. Baker issued a stay at home “advisory” not an order. Some other parts of his directive, such as closing nonessential businesses, are an order.
@Mike Striar. I agree that “anyone with a lick of sense” is hunkering down, but that’s as much the problem as it is the hope. As late as last week, some of my neighbors were still insisting that the whole thing was a total hoax or grossly overblown. The problem is not that people are stupid, but that too many are horribly oblivious to the truth when it comes to civic engagement or issues of public policy, and most show no inclination or curiosity to dig in and find the answers. Much of this isn’t their fault, but it’s still a challenge, particularly when people were over stretched and over stressed even before this virus appeared on the scene.
Adlai Stevenson was my first political hero (there haven’t been many) and he put the challenge into proper perspective. A woman came up to him when he was campaigning for President in 1952 and blurted out. “Governor Stevenson, every thinking American is going to vote for you”. To which Stevenson quipped, “unfortunately mam, we need a majority”. Actually, Stevenson respected voters much more than most political leaders, but he also knew their limitations.
Bob, I too agree that “anyone with a lick of sense is hunkering down” so to me that means your neighbors who “are insisting that the whole thing was a total hoax or grossly overblown” don’t have a lick of sense. Don’t ya’ think?
Again, I’m not being critical of the Governor’s action. It is [as Greg points out] an “advisory.” I agree with it’s intention and tone. My earlier comment was a cautionary one derived from lessons learned after 9-11 when we sacrificed much of our constitutional freedom in exchange for “security.”
Currently, we have a dictator wannabe in the White House, and we are only 7 months from a national election. While we should all be intelligent enough to stay at home during this pandemic, we should also be wise enough to recognize that cancelling freedom of assembly could make it very difficult to remove Trump in November.
@Mike Striar. I totally share your concerns.
@Marti. I’ve been told that the best thing to do is just to pray for them.
Sorry to go off message here but didn’t know where otherwise to post some bad news.
Michael McKinnell, architect of Boston City Hall, and our own Newton City Library has died of the Corona Virus. Michael and family for some time lived on Lake Ave across the street from Crystal Lake. They moved some time ago ,.. I think to Cambridge .