Please ensure Javascript is enabled for purposes of website accessibility

Wall Street Hits Over One-Week Low on Tariff Uncertainty, Data in Focus

6 hours ago

US Judge Blocks Trump Administration’s Use of Troops in Los Angeles

7 hours ago

Garnet Fire in Fresno County Grows to 26,982 Acres, 12% Contained

7 hours ago

US Construction Spending Dips in July

7 hours ago

Texas Gov. Greg Abbott Signs Law Redrawing Congressional Maps

4 days ago

US Air Force will Offer Military Funeral Honors to Slain Capitol Rioter

4 days ago

US Republican Senator Joni Ernst Will Not Run for Re-Election, CBS News Reports

4 days ago

Minneapolis Children Revealed Courage, Absorbed Fear During Church Shooting

5 days ago
Chavez Proposes Warning, Fines for Not Sheltering in Place
David Taub Website photo 2024
By David Taub, Senior Reporter
Published 5 years ago on
April 8, 2020

Share

Fresno City Councilman Luis Chavez plans to introduce an ordinance at Thursday’s meeting to warn, then fine people not complying with social distancing guidelines.

It’s all in the name of public safety during the COVID-19 pandemic.

“The whole purpose of this … is to minimize person-to-person contact and reduce the spread of this coronavirus that is really inflicting a lot of pain in our community and minimize the amount of patients that are going to be seen in the emergency rooms,” Chavez said.

Ordinance Details

“The city is not going to be criminally prosecuting people. These will be citations that people will be issued for not abiding by the CDC guidelines.”Councilman Luis Chavez

While a draft version of the ordinance currently includes a penalty of six months in jail, Chavez said that might change.

“I want to make something very clear. The city is not going to be criminally prosecuting people. These will be citations that people will be issued for not abiding by the CDC guidelines,” Chavez said.

After a warning citation, penalties would escalate to $250, $500 and $1,000 for subsequent violations.

According to a draft proposal, the ordinance would ban any non-essential gathering of 10 or more people. It would not apply to the gatherings of a single household.

People using outdoor spaces and essential businesses that remain open are to use “reasonable” measures to maintain social distancing of at least six feet.

While Chavez says the measure is temporary and lasts to the end of the month, there is no specific sunset in the ordinance language.

Constituents Complained to Chavez

Chavez said that over the last few weeks he’s received dozens of phone calls reporting people not adhering to the city’s social distancing rules.

Reports included large barbecues in front yards, playing football in the streets, and crowded ice cream shops.

“I started thinking about how can we prevent these irresponsible folks from doing this. So the idea came about of having code enforcement really look at providing these people, first of all, a warning. Second of all, an actual ticket,” Chavez said.

Chavez added that complaint calls have slowed down since he first floated the idea last week.

Photo of Fresno mayor Lee Brand at a news conference in front of his home
Fresno Mayor Lee Brand announces the extension of the city’s social distancing and shelter-in-place order March 26, 2020, at a news conference in front of his home. The mayor says he’s leading by example by following the city’s and the state’s orders. (GV Wire File)

Constitutional Concerns

“There is some pretty strong evidence that it is going to be unconstitutional.”Attorney Mark Meuser

Fresno County Supervisor Steve Brandau, whose district covers much of northwest Fresno, objected to Chavez’s plan.

“After years promoting ‘Community-based policing’ (cops are your friend and play basketball) we now want police to sweep neighborhoods looking to fine shelter-in-place violators? Hmmm,” Brandau wrote on Twitter.

Mark Meuser, a constitutional and election attorney, as well as a former candidate for secretary of state, expressed doubt whether such an ordinance would withstand Constitutional scrutiny.

He cited an early 20th-century court case ruling against a mass quarantine in San Francisco, and believes the same could apply to Fresno’s proposed ordinance.

“There is some pretty strong evidence that it is going to be unconstitutional,” Meuser said. “The courts haven’t dealt with it quite to the degree that they have on the quarantine issue. But there is a pretty good constitutional argument when it comes to your right of association, a right of assembly.”

Chavez said he understands the concerns.

“It’s balancing personal liberties and personal rights with the collective rights of people to be healthy. That’s always been the balance for our society. But again, this is temporary,” Chavez said. “Yes, we have civil liberties and, yes, those personal rights should be respected. But right now, it’s a state of emergency … it requires an unprecedented response from local government.”

Chavez says that code enforcement officers, not police officers, would be the main enforcers of the ordinance.

“We’re not going to be sending SWAT, booking them into jail, but they are going to get fined,” Chavez said.

Neighbor Telling on Neighbor

Chavez accepted the fact that such an ordinance might lead to a neighbor calling code enforcement.

“It’s already happening,” Chavez said. “Is this law intentionally going to cover 100 percent of everybody? No, but I think it will send a strong message that this type of behavior is not acceptable and there’s going to be a consequence to that action.”

Councilman Garry Bredefeld, the city representative for northeast Fresno, also expressed concerns about turning neighbors into “snitches” in a Tweet regarding a similar situation in Los Angeles.

People Not Getting the Message

Chavez said there could be several reasons why people aren’t getting the message — from aloofness to culture or language.

But, nonetheless, people should know what’s going on.

“(If you don’t know), then you’ve been living under a rock. To me, that’s just not an excuse to not participate. We can’t control a lot of these things,” Chavez said. “But here’s the one thing we can absolutely control, and that’s our ability to stay home, to shelter in place, to be responsible and to not, infect other people.”

Shelter-in-Place Order

The city was about to enact a voluntary shelter-in-place order to take place March 19. That was supplanted by a statewide mandatory order announced hours later.

The state order has many exceptions allowing for travel to grocery shop, medical appointments, and other essential services. But, socially distancing requirements are in place such as maintaining a six-foot distance and no public gatherings of more than 10 people.

The city has shut down many businesses as non-essential. While city parks are open, playgrounds and parking lots are closed off.

Read Draft Proposal

Chavez’s emergency ordinance is not on the agenda of Thursday’s regularly scheduled meeting. However, a special or emergency meeting can be called on short notice to discuss the issue.

Here is a draft proposal. It could still change when it is presented on Thursday.


DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Former Fresno Councilmember and Assemblymember Mike Briggs Dies After Cancer Battle

DON'T MISS

US Congress Returns, With One Month to Avert Government Shutdown

DON'T MISS

Trump Says His Administration Will Ask Supreme Court for Expedited Ruling on Tariffs

DON'T MISS

Trump Says He’s Committed to Sending National Guard Troops to Chicago

DON'T MISS

Fresno Police Arrest Teen After Traffic Stop Leads to Foot Chase, Firearm Recovery

DON'T MISS

Trump Dismisses Rumors He Is in Ill Health, Calls Them ‘Fake’

DON'T MISS

US Appeals Court Allows Trump’s EPA to Nix Climate Grants

DON'T MISS

Rubio Says US Military Conducted Lethal Strike Against Drug Vessel From Venezuela

DON'T MISS

Trump Says He Is ‘Very Disappointed’ With Putin Over Ukraine

DON'T MISS

Letter to the Editor: CSU Chancellor’s Silence on Joe Castro’s Passing ‘Is Appalling’

UP NEXT

Fresno Police Arrest Teen After Traffic Stop Leads to Foot Chase, Firearm Recovery

UP NEXT

Fresno County Wildfire Burns Near Coalinga, CalFire Reports

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Celia Ann Santiago

UP NEXT

Fresno Police Attack DUI, Arrest More Than 100 Drivers in 3 Weeks

UP NEXT

Caleb Quick Update: Families of Victim, Getaway Driver Share Condolences

UP NEXT

Fresno Police Nab 11 DUI Suspects During Saturation Enforcement

UP NEXT

Clovis Police Make DUI Arrest During Weekend Saturation Patrol

UP NEXT

Garnet Fire in Fresno County Grows to 26,982 Acres, 12% Contained

UP NEXT

Tulare County Authorities Investigate Porterville Shooting

UP NEXT

Fresno County Garnet Fire Grows to 18,748 Acres in Sierra National Forest

David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

Trump Says He’s Committed to Sending National Guard Troops to Chicago

1 hour ago

Fresno Police Arrest Teen After Traffic Stop Leads to Foot Chase, Firearm Recovery

1 hour ago

Trump Dismisses Rumors He Is in Ill Health, Calls Them ‘Fake’

1 hour ago

US Appeals Court Allows Trump’s EPA to Nix Climate Grants

2 hours ago

Rubio Says US Military Conducted Lethal Strike Against Drug Vessel From Venezuela

2 hours ago

Trump Says He Is ‘Very Disappointed’ With Putin Over Ukraine

2 hours ago

Letter to the Editor: CSU Chancellor’s Silence on Joe Castro’s Passing ‘Is Appalling’

2 hours ago

Disney to Pay $10 Million to Settle US Claim of Allowing Unlawful Collection of Children’s Data

2 hours ago

Trump Moves Space Command Headquarters to Alabama From Colorado

2 hours ago

Fresno County Wildfire Burns Near Coalinga, CalFire Reports

2 hours ago

Former Fresno Councilmember and Assemblymember Mike Briggs Dies After Cancer Battle

Former Fresno City Councilmember and state Assemblymember Mike Briggs has died following a brief battle with cancer, his family announced on...

1 minute ago

Mike Briggs
1 minute ago

Former Fresno Councilmember and Assemblymember Mike Briggs Dies After Cancer Battle

The U.S. Capitol Rotunda on Capitol Hill in Washington, U.S., as the death toll from the coronavirus disease (COVID-19) pandemic exceeds 100,000 victims, May 27, 2020. (Reuters File)
48 minutes ago

US Congress Returns, With One Month to Avert Government Shutdown

President Donald Trump leaves, following a cabinet meeting, at the White House in Washington, D.C., U.S., August 26, 2025. (Reuters File)
1 hour ago

Trump Says His Administration Will Ask Supreme Court for Expedited Ruling on Tariffs

A subway train travels on an elevated track above the Wells Street bridge in Chicago, Illinois, U.S., August 25, 2025. (Reuters File)
1 hour ago

Trump Says He’s Committed to Sending National Guard Troops to Chicago

A 17-year-old on probation was arrested in southwest Fresno after fleeing a traffic stop and discarding a loaded firearm, police said on Tuesday, Sept. 2, 2025. (Fresno PD)
1 hour ago

Fresno Police Arrest Teen After Traffic Stop Leads to Foot Chase, Firearm Recovery

President Donald Trump gestures during a cabinet meeting at the White House in Washington, D.C., U.S., August 26, 2025. (Reuters File)
1 hour ago

Trump Dismisses Rumors He Is in Ill Health, Calls Them ‘Fake’

Signage at the headquarters of the United States Environmental Protection Agency (EPA) in Washington, D.C., U.S., February 18, 2025. (Reuters File)
2 hours ago

US Appeals Court Allows Trump’s EPA to Nix Climate Grants

Secretary of State Marco Rubio attends an event at the U.S. Department of State in Washington, D.C., U.S., July 16, 2025. (Reuters File)
2 hours ago

Rubio Says US Military Conducted Lethal Strike Against Drug Vessel From Venezuela

Search

Help continue the work that gets you the news that matters most.

Send this to a friend