Austin Shelter-in-Place Q&A with Defense Attorney, Chris Perri
In order to help curb the spread of Coronavirus, Austin’s shelter-in-place law went into effect today, March 25th, 2020, and — as of this writing — will last until April 13, 2020. Shelter-in-place is intended to keep residents at home and away from each other. Seems pretty clear, but this 9-page order has left many residents confused about when they are actually allowed to leave their homes.
As a criminal defense attorney in Austin, I’m used to untangling the details in large technical documents — so I’m going to try to answer some common burning questions regarding the Shelter-in-Place laws, including the penalties for violating the order.
Q: I forgot to stock up on tequila! What do I do?
A: Don’t worry! Liquor is considered an “essential supply,” so your local liquor store is still open. Some stores, such as Spec’s, offer curbside service through their websites and apps. To be clear, you are allowed to travel to your local liquor store without violating the shelter-in-place law.
Q: Is the business where I work considered “essential”?
A: Essential government services such as EMS, police, fire, trash, jails, etc. are still in operation. In addition the following categories of businesses are considered essential:
Healthcare operations. This includes doctors, nurses, dentists, veterinarians, healthcare suppliers, home healthcare service providers, healthcare facilities, and mental health providers.
Grocery stores
Social services
News media
Gas stations
Banks
Hardware stores
Critical trades, such as plumbers, electricians, etc.
Mail and delivery services
Laundry services
Restaurants with off-premises consumption (and take-out)
Information technology services
Home-based care services
Transportation services
Funeral services
Hotels and motels
Moving supply services
Professional services, to the extent needed to assist with essential businesses and essential government functions
Educational institutions
Childcare facilities, to the extent they serve individuals who are working in essential businesses or essential government functions
If your business is not listed, then it should be closed for the time being and your staff should work from home. For example, many lawyers must close their offices, except those who are needed for essential businesses or essential government functions, such as court proceedings. I, Chris Perri, am working from home.
Q: How can childcare facilities be open?
A: They’re operating under limitations, only serving parents who are exempted from the shelter-in-place order by virtue of their employment. Any childcare facility must have “stable groups” of 10 or fewer children. “Stable” means that the same 10 or fewer children are in the same group each day. If the facility has more than one group of children, they cannot mix with each other, and must be in separate rooms. Any childcare provider must remain solely with one group of children.
Q: I see that healthcare operations facilities in Austin are still open. I need CBD to help me sleep and treat pain. Are CBD stores still open?
A: No, the shelter-in-place order expressly excludes CBD products from the definition of “healthcare operations” exempted by the order. E-cigarette stores are also considered non-essential, as are fitness/exercise gyms. Pharmacies are open, however, and you are able to get your prescriptions and other medicine.
Q: I have plans to go see my family out of town in a couple of weeks. Can I still make the trip?
A: This would be considered non-essential travel, and is prohibited by the shelter-in-place order.
Q: Can I go outside?
A: Yes! You can go outside to participate in activities, such as walking, hiking, biking, or running, as long as you maintain social distancing requirements with others. Based on my reading of the law, you can even play tennis with a friend, as that fulfills social distancing requirements of 6 feet of separation. A pick-up game of basketball, on the other hand, would probably be off limits unless you can figure out how to stay 6 feet away from the other competitors at all times.
Q: Are the jails still operating? Do all regular Texas laws still apply?
Yes. Though the courts are basically closed, you can still get arrested for DWI in Austin or other crimes. The police and jail are considered essential services. So, you may not have a trial right now, but you can still end up behind bars. Bond companies and criminal defense lawyers are still working. If you or a friend need help getting out of jail fast, you can find more information here.
Q: What happens if I violate the Austin shelter-in-place order?
A: The penalty for a violation is a maximum fine of $1,000 and/or confinement in jail for a maximum of 180 days. The police are still patrolling the streets and ticketing/arresting people. If you or a loved one is accused of violating the shelter-in-place law, you’ll need to contact a criminal defense attorney in Austin, such as myself.
If you have any other legal questions, don’t hesitate to contact Chris Perri Law at (512) 269-0260 or www.chrisperrilaw.com for a FREE case consultation today.