Cops don’t want to arrest you for disobeying coronavirus stay-at-home order, but they can

Catching a few waves these days might get you a ticket to jail.

That’s what a few water enthusiasts have learned, with one ticketed in Manhattan Beach for defying closure signs. Another was arrested in Malibu for trying to escape from lifeguard boats.

If you’re planning a block party, you too might get a stern talking to from officers, or an order to disperse: Police in some cities have responded to large gatherings armed with loud speakers and even helicopters.

But while hugging or sidling up to someone in public might irritate your neighbors, you’re unlikely to be prosecuted – at least for now.

Citing and arresting scofflaws for flouting stay-at-home orders meant to curb the coronavirus have been rare  – which is exactly how police want it.

“Most people are just going to the sand,” Capt. Tim Martin of the Huntington Beach Police Department said about those going to Surf City beaches. “We’re not pulling people out of the water.”

The surge in coronavirus cases across Southern California has prompted another surge: Calls to police stations from concerned residents reporting those gathering in crowds or failing to keep a six-foot separation from others.

Complaints are mostly about businesses that perhaps should be closed but aren’t.

Other calls have been over simpler activities. The Pasadena Police Department even got a call a couple of weeks ago about two people holding hands.

Officers were not sent to check on them, Lt. Pete Hettema said.

As a public-safety agency, when is the right time to dispatch officers who themselves could come down with coronavirus during a face-to-face?

“Think about a group of officers that are having to engage someone who is showing symptoms, or has already been confirmed to have the virus – we could lose half a shift in one fell swoop,” the lieutenant said. “People don’t understand that oftentimes they want police to solve every problem, but we’re actually adding to the problem ourselves.”

Both the state and local orders are built with wiggle room. Local cities’ officials and police can exercise discretion.

According to California law, anyone defying an emergency order, such as the stay-at-home ones meted out by Gov. Gavin Newsom or Los Angeles Mayor Eric Garcetti, can be slapped with a misdemeanor that could come with jail time or a fine.

Garcetti has acknowledged that trying to enforce his stay-at-home order for a county of 10 million people is basically impossible.

For some, that’s no excuse.

Kathy Rollins, a resident of Old Town Temecula, said she thinks officials are “passing the buck.”

“I think parents should be ticketed and have to take responsibility for allowing their kids out to play,” she said.

A few days ago, Rollins, 62, noticed a group of seven or so children on a playground. Another group of teenagers was riding about on skateboards.

Rollins, who is retired, called police and was referred to the Health Department. When she called to leave a tip with an official there, she got a voicemail.

“For me, I just can’t believe their parents,” Rollins said. “They’re letting their teenagers possibly catch (COVID-19) and die.”

Most police agencies say they don’t want to treat failures to social distance as a crime.

“If we want to lead by example, we need to follow the rules and remind others of the consequences from this medical issue,” said Sgt. John Ecehvarria with the San Bernardino Police Department. “We are politely reminding people the severity of the medical concern and how it can affect others, not just themselves.”

In Los Angeles, police have so far forwarded 37 complaints of businesses ignoring an order to close to the City Attorney’s Office. Out of those, so far four have been chosen for prosecution, said Rob Wilcox, a spokesman for City Attorney Mike Feuer.

The business owners have been charged with misdemeanors and were scheduled to appear in court in June, when more court rooms could be open again.

At least in Long Beach, not falling in line with the law could certainly come with a big price real soon.

Officers are going out and asking for voluntary compliance.

“(But) starting this weekend, we are going to start enhancing our enforcement efforts,” Chief Robert Luna said in a telephone town hall meeting on Wednesday. “The officers are going to be given the discretion and go out to possibly cite residents who are not complying.

“It is a misdemeanor and it can go on somebody’s record,” the chief explained. “That is the last thing we want to do, but our neighbors are our priority.”

Telling a lawful gathering from an unlawful one isn’t always easy.

“Sometimes people don’t remember or don’t realize that a group of people walking together out on a trail is usually from the same household,” Fullerton police Sgt. Eric Bridges said. “And that is OK.”

Last week in Fullerton one evening, a caller reported a large congregation at Independence Park.

“We went out there and it turns out they were meeting to play handball,” Bridges said. “When you see a group of about 20, you don’t assume they’re from the same household.

“We just asked them to disperse,” he said. “We’re taking an educational approach, and we always get compliance.”

Last Saturday, Pasadena police responded to a house party of possibly up to 60 young people. From a loud speaker, officers blasted orders to the group to go home, following them as they left to head to other houses to continue partying.

Eventually, with enough loud encouragement, the kids dispersed. Police had annoyed them into complying.

“We’re encouraging officers to be as creative as they can be,” Lt. Hettema said.

Police still want the public to call with safety concerns. Complaints are taken seriously, he said, but Pasadena police personnel can explain what actually makes sense for police to do.

“We recognize they have good intentions,” Hettema said of neighborhood watchers. “They’re trying to save humanity, too.”