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COVID-19: Town struggles with restrictions

As the governor’s emergency Executive Order to “stay at home” to curb the spread of coronavirus stretches into more than a month, residents in Fountain Hills are losing patience with both the restrictions of the order and those who are violating the order.

The focus of much of the ire seems focused on the order to close restaurants and bars to sit-down dining. Take-out orders by pick-up or delivery are permitted. Both Town Hall and the Maricopa County Sheriff’s Office have been inundated with calls complaining about people the callers believe are violating the orders as well as complaints about the Sheriff’s Office enforcing the rules. State law allows for executive orders from the Governor’s Office to be enforced by local agencies.

Town officials make the point that any allegations of deputy misconduct are taken very seriously and are forwarded to the MCSO Professional Standards Bureau for investigation.

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COVID-19: Town struggles with restrictions

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As the governor’s emergency Executive Order to “stay at home” to curb the spread of coronavirus stretches into more than a month, residents in Fountain Hills are losing patience with both the restrictions of the order and those who are violating the order.

The focus of much of the ire seems focused on the order to close restaurants and bars to sit-down dining. Take-out orders by pick-up or delivery are permitted. Both Town Hall and the Maricopa County Sheriff’s Office have been inundated with calls complaining about people the callers believe are violating the orders as well as complaints about the Sheriff’s Office enforcing the rules. State law allows for executive orders from the Governor’s Office to be enforced by local agencies.

Town officials make the point that any allegations of deputy misconduct are taken very seriously and are forwarded to the MCSO Professional Standards Bureau for investigation.

MCSO in Fountain Hills reports receiving three dozen calls related to violations of the executive orders between March 21 and April 22. The owner of one Fountain Hills restaurant was contacted by deputies eight times, who explained the violations of the orders between March 21 and April 7 when the owner was issued a citation.

MCSO reported that was the only citation it issued county-wide for violation of the rules. That does not mean there weren’t citations issued for violations by other agencies in other jurisdictions.

A number of people discussing the issue on social media expressed support for the restaurant owner citing the U.S. Constitution and a free society as reasons there should be no restrictions on businesses.

Still others flooded town officials and the Sheriff’s Office with complaints about restaurants accommodating groups, providing musical entertainment for patrons waiting for take-out orders and even gatherings at private homes that appeared to exceed the CDC guidelines of no more than 10 people. Some of those reports proved unfounded.

Mayor Ginny Dickey has released more than 40 emails she received from residents since March 12. Nearly all of those describe what they believe to be violations of the governor’s orders. Some seek clarification on town policies with a few complaints about the restrictions.

Dickey and Town Manager Grady Miller say they are urging people who contact them with a concern to instead call MCSO directly at 602-252-7840.

In a statement provided to The Times, town officials say, “State law provides that knowingly failing or refusing to obey any such lawful order (Governor’s Executive Order) is a Class 1 misdemeanor. However, the Governor’s Office has emphasized that it wants local law enforcement agencies to take an education approach to obtaining compliance with the executive orders. Under this approach, citations are issued only after a person or business has refused to comply after being informed of the law.”

The statement continues, “The town and MCSO have taken this approach since the beginning of this…crisis and since the executive orders were issued. In almost every instance, our residents and businesses have been cooperative, understanding and willing to make adjustments to how they do things, as we have all had to do.”

MCSO Capt. Larry Kratzer said the local deputies are very appreciative of the feedback and expressions of gratitude they have received from the public during this time.

“MCSO would like to thank many of the local businesses and residents who have taken the time to drop off thank you cards or offer small gestures of their appreciation for law enforcement or first responders during these unprecedented times,” Kratzer said. “Some of these kind gestures have included a local grocery store dropping off donuts to deputies, a local restaurant in town feeding deputies on Easter Sunday and remaining open longer than expected to make sure night shift deputies were fed, anonymous residents on two occasions purchasing pizza and feeding all deputies and then pre-ordering pizzas for law enforcement and firefighters to pick up anytime.

“Also, several residents have taken the time to drop off thank you cards and one family felt compelled to thank MCSO by delivering a dozen pizzas from a local pizza cart in town to deputies working. The men and women of law enforcement are touched by these kind gestures and we want to thank all of you for your continued support.”

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