From District Attorney, Russell Johnson

I know from the calls that we have been receiving and what  people are sending in from social media that there is a lot of confusion surrounding what is permissible and what is not with Governor Lee's multiple, and ever-changing Executive Orders (EOs) in response to the Covid-19 crisis. Governor Lee has also distributed a letter to law enforcement and to the 31 District Attorneys asking us to help enforce his EOs. As the chief law enforcement officer in each of our respective judicial districts, we District Attorneys are the ones who ultimately decide if and how anyone is prosecuted for a 'violation' of any of Governor Lee's Executive Orders. In addition to the Governor's letter (which does urge restraint and encourages the use of persuasion first before prosecution), the State Attorney General has prepared a list of nine (A through J)  'hypothetical' situations that law enforcement might encounter and how to proceed.  I share this with you so that hopefully you can better understand what is permissible and what is not. 
 

-- There are a lot of activities in which you may still engage outside of your home, even if your job is considered 'non-essential' under Governor Lee's orders.  These include many aspects out of doors recreation ---- including fishing....  I use that as an example because that is the one we are getting questions about the most! This is East Tennessee and we do have a lot of lakes, the dogwoods are almost blooming so the Stripe (White Bass) should be biting... just sayin' 

 

----Keep in mind that this list of hypothetical situations was compiled by the Office of Herbert H. Slatery,III, State Attorney General, as guidance for law enforcement.
 

Enforcing Executive Orders: Hypothetical's
 

Example A
 

An officer observes twelve people enter a house.  When he knocks on the door, the homeowner says he is hosting a small “Corona party.”  The officer observes a dozen people spread out in a large living room, wearing face masks, and drinking Coronas.
 

Result: The officer can cite every person in the home for violating Executive Order 17 ¶ 1(a).
 

Example B
 

An officer observes people entering a small chapel.  Upon entering the chapel, she sees about two dozen people sitting as far apart as the space allows, without masks, participating in a wedding ceremony.
 

Result: The officer cannot cite any person for violating an executive order.  Attachment A to Executive Order 22 explicitly exempts religious and ceremonial functions such as weddings.
 

Example C
 

An officer sees a man carry a duffel bag into “All-the-time Fitness.”  A flashing sign in the window says “Open.”
 

Result: The officer can cite the man for violating Executive Order 17 ¶ 1(b) and the gym for violating Executive Order 17 ¶ 1(d).  Gyms must close and people may not visit gyms.
 

Example D
 

“Tennessee Fried Chicken” has a location right next to a municipal park.  TFC has closed its dining room and is allowing customers to order through their drive-thru and pickup window.  TFC employees are encouraging pickup customers to carry their food into the park and eat at the picnic tables under a pavilion.  The pavilion is now crowded with nearly 30 people eating at six picnic tables.
 

Result: TFC is violating Executive Order 22, Attachment A ¶ 18 by encouraging its customers to gather and eat food, even though the food is not consumed on TFC’s premises.
 

Example E
 

An officer observes well-dressed people entering the Tennessee Theatre.  They are all wearing masks.  The officer asks an employee at the ticket counter why guests are entering.  The employee explains to her that the Theatre is hosting a “Symphony for the Sick” to raise money for coronavirus research.  The employee assures the officer the Theatre has sanitized its seats and is complying with social distancing guidelines.  He offers to let the officer look around the Theatre.  The officer walks in and observes guests seated throughout the Theatre with six seats between each couple.  Hand sanitizer bottles are placed at every entry.
 

Result: The officer can cite the Tennessee Theatre for violating Executive Order 21 ¶ h.  Because the Theatre is an entertainment venue, it cannot open even if it follows social distancing guidelines.
 

Example F
 

An officer sees a man in front of a dentist’s office holding a large sign that reads “Half-off Cleanings.”  The officer enters the dentist’s office and confirms they are open and performing cleanings at a discount to help people who have been laid off.
 

Result:  The officer can cite the office for violating Executive Order 18 ¶ 1.  The office can remain open, but only for emergency procedures.
 

Example G
 

An officer sees students walking around a college campus.  He follows a few to the cafeteria, where students are picking up boxed lunches from an outdoor pickup window.  The students then walk across campus and enter their dorms.  An RA at the dorm informs the officer that most of the students in the dorm are still living in their rooms.
 

Result: The officer cannot issue any citations.  Per Executive Order 22, Attachment A ¶ 16, educational institutions may remain open for provision of food and shelter, so long as food services are provided in a manner consistent with Executive Orders 17 and 21.
 

Example H
 

An officer drives by a parking lot and sees dozens of cars parked.  He stops and sees people going in and out of a grocery store with carts full of groceries.  No shopper appears to be hoarding supplies, but there are at least a hundred people shopping in the store.
 

Result: The officer cannot issue any citations.  Food and medicine stores are included as Essential Services in Attachment A to Executive Order 22.
 

Example J
 

An officer sees a family of four at a local park.  The parents are walking around a track, and their children are playing on the playground. 
 

Result: The officer cannot issue a citation to the parents for walking because this is an essential activity in Executive Order 22.  But the officer can issue a citation to the parents for permitting their children to play on the playground because this is not an essential activity, and under to Executive Order 23, people may only leave their homes to engage in essential activities and services.