Austin Shelter-in-Place Q&A with Defense Attorney, Chris Perri: Part 2

In mid-March, the Chris Perri Law firm tackled some of the frequently-asked questions about Austin’s new, yet confusing, shelter-in-place law.

And with the coronavirus pandemic ongoing, there have been some recent changes to the local rules, so of course, new questions have popped up — such as, questions about the right-wing protestors at the Texas Capitol — as we undergo one of the most drastic changes to society in our lifetimes. As a criminal defense attorney in Austin, it’s important to me that people understand the orders fully and know their rights.

Below, I try to provide some clarity about the current policies as they stand today (April 20th, 2020). Please feel free to reach out to me directly at www.chrisperrilaw.com, however, if your question hasn’t been answered here.

Q: What are the rules for wearing face coverings in Austin?

A: Two weeks ago, Austin/Travis County’s shelter-in-place law began requiring people over the age of 10 to wear face coverings when leaving their residences. These coverings can be masks, scarves, handkerchiefs, bandanas, etc. There are exceptions to this rule, including when a person is alone in an enclosed space (like a car), or in the presence of only members of the person’s household. This means you don’t have to wear a face covering in a vehicle if you’re only traveling with the people you live with. Also, you are not required to cover your face while exercising outside (but you must maintain six feet of separation from people who do not belong to your household).

Q: What are the penalties for violating the shelter-in-place law?

This is serious, folks. It is not just a “suggestion.” Violating any part of the temporary order is a Class B Misdemeanor and can be punished by up to 180 days in jail and/or a fine of up to $1,000. It is up to the discretion of the arresting police officer if you’ll be ticketed or or taken to jail, but either way, you could end up with a criminal conviction. Remember, if you’ve been accused of violating the Austin order, it’s important to reach out to a criminal defense lawyer in Austin right away.

Q: People came from across Texas last weekend to protest the shutdown of the economy due to COVID-19. Could they have gotten into trouble for violating any laws?

A: Yes. In the photographs and videos that I saw, the protesters were not standing six-feet apart, which is a violation of Austin/Travis County’s shelter-in-place law (in addition, traveling to Austin for a non-essential purpose also violates the local law, along with having a public gathering). As noted above, since they were violating Governor Abbott’s executive order (GA-14), which requires that people minimize in-person contact with those who aren’t in the same household, they could be punished by up to 180 days in jail and/or a fine not to exceed $1,000. So, yes, technically, the protestors could’ve been charged, but perhaps they were not due to political reasons.

Q: But isn’t the right to protest protected by the First Amendment? Are local or state laws allowed to impede our constitutional right to free speech and assembly?

A: Throughout American history, there have been laws passed in times of war and national emergencies that limit free-speech rights in order to ensure the security of the nation. Generally, these laws are upheld when they are narrowly tailored to further a compelling state interest, and the law uses the “least restrictive means” possible to achieve its purpose. In my opinion as an Austin attorney, the social-distancing rules under the governor’s executive order do not put an unreasonable imposition on someone’s ability to express themselves, as they could easily maintain a six-feet bubble around each other, as well as cover their face while continuing to protest the closure of the Texas economy. And while the city ordinance bans public gatherings, people could still express themselves via other outlets, such as on social media or with apps like Zoom. Moreover, preventing the spread of a dangerous virus during a pandemic certainly qualifies as the type of national emergency that can justify reasonably-tailored restrictions on speech.

Q: What about our other rights, like the Fourth Amendment? Can a cop just stop me if they think I’m violating the shelter-in-place law?

A: The Fourth Amendment, which protects people from unreasonable searches and seizures, continues to stand with full force. This means that a police officer must have reasonable suspicion to pull you over and probable cause to search you or your property. Even if an officer has a hunch that you might be violating the shelter-in-place law, they can’t pull you over unless they can articulate their reasons for suspecting that you’re violating the law. Moreover, I think it would be difficult to prove that you’re violating the shelter-in-place law unless you tell the police officer that you’re travelling to a place that you’re not allowed to go right now. If you think your Fourth Amendment right has been violated, contact a criminal defense attorney in Austin right away.

If you have other legal questions about the state or local orders, or anything at all, please contact criminal defense firm Chris Perri Law at (512) 269-0260 or www.chrisperrilaw.com. We offer free, virtual case consultations and would be happy to speak with you.