4 ms·

This is municipal code, not criminal law. Very important distinction. Like with a traffic ticket, they can fine for not complying. They cannot arrest you, howev

This is municipal code, not criminal law. Very important distinction. Like with a traffic ticket, they can fine for not complying. They cannot arrest you, however. Where they "get" you is if you blow off the court about resolving the fine which is contempt of court, which is a criminal offense. It blows my mind how supposedly smart people know so little about the law. It's a lot like programming. The keywords are important and the logic used as well.

clouddrover 6y ago
> This is municipal code, not criminal law. These businesses are facing criminal charges in Los Angeles for violating the Los Angeles county public health order: https://www.latimes.com/california/story/2020-04-03/coronavirus-closures-los-angeles-criminal-charges-against-four-stores https://www.latimes.com/california/story/2020-04-03/coronavi...
- kyuudou 6y ago
  I guess we'll find out what the judges the locals voted for and the juries summoned are made of. Even then, their decisions can be overturned by a higher court or appealed so that basically means nothing. They can say "criminal municipal code violation" and a good judge should say, no, that's not how this works. I guess it is LA, though...
- masonic 6y ago
  In CA, municipal code encompasses both criminal and civil statutes. That link is paywalled, but the article title only refers to shutting off utilities.
  - clouddrover 6y ago
    > the article title only refers to shutting off utilities. It does not.
dragonwriter 6y ago
> This is municipal code, not criminal law No, the code cited in the order is State (not municipal or county) code giving certain authority to county public health officers, neither municipal codes nor municipal officers are involved. Also, municipal codes in California can have criminal components, so the contrast drawn is false as well as not germane to the relevant facts. > Like with a traffic ticket, they can fine for not complying. They cannot arrest you, however. Being stopped and issued a traffic ticket is a non-custodial arrest and the “fine” people pay if they don't dispute tickets is legally forfeiture of bail. But, in any case, unlike minor traffic offenses, violating a county public health order issued to control communicable disease is a criminal offense punishable by fines, jail, or both; the Alameda County order cites the relevant state criminal law. > It blows my mind how supposedly smart people know so little about the law. Indeed.

clouddrover 6y ago

> This is municipal code, not criminal law. These businesses are facing criminal charges in Los Angeles for violating the Los Angeles county public health order: https://www.latimes.com/california/story/2020-04-03/coronavirus-closures-los-angeles-criminal-charges-against-four-stores https://www.latimes.com/california/story/2020-04-03/coronavi...

kyuudou 6y ago
I guess we'll find out what the judges the locals voted for and the juries summoned are made of. Even then, their decisions can be overturned by a higher court or appealed so that basically means nothing. They can say "criminal municipal code violation" and a good judge should say, no, that's not how this works. I guess it is LA, though...
masonic 6y ago
In CA, municipal code encompasses both criminal and civil statutes. That link is paywalled, but the article title only refers to shutting off utilities.
- clouddrover 6y ago
  > the article title only refers to shutting off utilities. It does not.

dragonwriter 6y ago

> This is municipal code, not criminal law No, the code cited in the order is State (not municipal or county) code giving certain authority to county public health officers, neither municipal codes nor municipal officers are involved. Also, municipal codes in California can have criminal components, so the contrast drawn is false as well as not germane to the relevant facts. > Like with a traffic ticket, they can fine for not complying. They cannot arrest you, however. Being stopped and issued a traffic ticket is a non-custodial arrest and the “fine” people pay if they don't dispute tickets is legally forfeiture of bail. But, in any case, unlike minor traffic offenses, violating a county public health order issued to control communicable disease is a criminal offense punishable by fines, jail, or both; the Alameda County order cites the relevant state criminal law. > It blows my mind how supposedly smart people know so little about the law. Indeed.