Summarizing “Stay at Home”
Is there a curfew?
Will there be checkpoints?
What could be the punishment?
Given the serious public health threat posed by the COVID-19 outbreak, many counties in Colorado began issuing “stay at home” or “shelter in place” orders in the past few days. On March 25, 2020, Governor Polis announced a state-wide stay at home order that covers all residents of Colorado.
These orders were issued very quickly and there could be a lot of confusion about what they mean and how to comply with them. This post is a summary of what we know about the orders as of March 25, 2020. Things may change in the coming days and weeks.
First, below is a table summarizing the effective dates of the Colorado order, some of the orders for metro jurisdictions, and Larimer County, because Ft. Collins is my hometown. There are other jurisdictions where orders have been, or soon will be, in place. You should check your county’s home page.
Jurisdiction Date Begins Date Ends
Colorado 3/26/2020, 6:00 am 4/11/2020, 11:59 pm
Denver 3/24/2020, 5:00 pm 4/10/2020
TriCounty 3/26/2020, 8:00 am 4/17/2020, 11:59 pm
Jefferson 3/26/2020, 8:00 am 4/17/2020, 5:00 pm
Boulder 3/26/2020, 8:00 am 4/17/2020, 11:59 pm
Larimer 3/26/2020, 5:00 pm 4/17/2020
What restrictions do the orders put in place?
In general, the orders require all residents to “stay at home” and only have regular, in-person contact with the people that reside with them. However, each order appears to carve out exceptions to staying at home in three main categories:
Activities: You may leave your home to obtain groceries or medicine, obtain medical treatment, care for elderly or disabled people, care for pets, go to the bank, and enjoy outdoor exercise (while maintaining Social Distancing Requirements).
Government: You may leave your home to provide services or work necessary to keep governmental infrastructure operating, such as utilities, law enforcement, courts, etc.… This also covers keeping the airport open and airlines operating.
Essential Businesses: You may leave your home to work for businesses that are considered essential or critical, such as grocery stores, hospitals and doctors’ offices, banks, restaurants that deliver or provide take out, etc.…
As a general rule, whenever you are not at home, you should strive to maintain proper Social Distancing Requirements.
You should read the orders that apply to you to fully understand what you are allowed to do and not do.
Should I follow the state order or my county’s order?
Everyone in the State of Colorado must follow the Colorado Executive Order and the Colorado Public Health Order (linked below). If your particular county puts a more restrictive order in place, then you are required to follow those requirements.
For example, the Colorado order expires on April 11th but you live in Arapahoe County, then you will still be required to follow that order until April 17th (unless Arapahoe County tells you otherwise).
Is there a curfew?
No, there are no curfews imposed in any of the orders. In fact, municipalities are being encouraged by the state government to extend park hours to make sure that there will be less crowding of parks.
Will there be roadblocks/checkpoints?
While not specifically addressed in the orders, it is very unlikely that there will be checkpoints or roadblocks in place to regulate travel. Colorado state government has specifically said that the National Guard will not be enforcing the order. However, if the stay home orders continue to be violated on a large scale, more stringent monitoring may be enacted.
What kind of punishment could there be if I violate these orders?
A violation of the State of Colorado Order or most of the county orders could result in a criminal conviction, a fine and / or a jail sentence of up to 12 to 18 months. A violation of the City and County of Denver order is a civil penalty only, with a possible fine of up to $999.
What are Social Distancing Requirements?
Again, these requirements vary between the different jurisdictions. In general, to maintain proper social distancing requirements, you should:
Maintain at least a six-foot distance from other individuals
Wash your hands with soap and water for at least 20 seconds, or use hand sanitizer when soap and water is not available
Cover any cough in a sleeve or elbow, not into your hand
Regularly clean any often-touched surface
Do not shake hands or high five
Can police stop me for just driving or walking on the street while these orders are in effect?
All nonessential travel (by any means) is prohibited, and therefore unlawful. Therefore, police could stop you if they believe that you are violating the order(s) in effect in that jurisdiction. However, given the immense strain on law enforcement at this time, it seems unlikely that, without more, you would be stopped simply for driving or walking if you are maintaining Social Distancing Requirements.
Can my kids play with their friends so long as they stay outside?
The answer is, almost certainly, no.
The State of Colorado Public Health Order specifically states, “[a]ll public and private gatherings of any number of people occurring outside of Residence are prohibited.”
The TriCounty and Jefferson County orders allow gatherings of no more than four people, so long as everyone complies with Social Distancing Requirements.
Children would have a very difficult time complying with Social Distancing Requirements. Similarly, routine mechanisms of childcare, such as carpooling, are also prohibited.
This is very difficult for both kids and parents alike, but it is necessary to maintain safety for our community.
What if I am homeless?
People experiencing homelessness are strongly urged to obtain shelter, and governmental and other entities are strongly urged to make shelter available as soon as possible and to the maximum extent practicable. People experiencing homelessness must comply with Social Distancing Requirements at all times.
The City and County of Denver specifically states that the homeless population is exempt from its order, although the order also encourages anyone experiencing homelessness to obtain shelter and for agencies to help provide as much shelter as possible.
DOLA and HUD are working to provide additional shelter options at this time. Be sure to check with local shelters for updates.
Where can I read the orders for myself?
State of Colorado Executive Order: https://drive.google.com/file/d/1O1EDCY6-A6QBKxzDImCSF8bBBdOOI3Km/view
State of Colorado Public Health Order: https://drive.google.com/file/d/1IzfYUaxEf-UFSVAzkY_b9Cf1OMPOdlxH/view
City & County of Denver: https://www.denvergov.org/content/dam/denvergov/Portals/771/documents/covid-19/public-orders/DenverStayAtHomeOrder_DDPHE.pdf
TriCounty (Adams, Arapahoe & Douglas Counties): https://www.arapahoegov.com/DocumentCenter/View/9610/StayAtHome_PublicHealthOrder_032420?bidId=
Jefferson County: https://www.jeffco.us/4030/Stay-At-Home-Order
Boulder County: https://assets.bouldercounty.org/wp-content/uploads/2020/03/boulder-county-stay-at-home-order.pd
Larimer County: https://www.larimer.org/sites/default/files/uploads/2020/sixth-public-health-order-stay-at-home.pdf
What if I still have questions?
You can call your county directly to ask if a certain activity is allowed or not. Also, each county has a dedicated page for COVID-19 resources, and some counties have a FAQ.
Here is a link to the State of Colorado FAQ about its order: https://drive.google.com/file/d/16nO05S6q0AGBew32r0NYelifwk11uDMO/view
This is an exceedingly difficult time for every single person in our community. Perhaps you have lost your job, feel overwhelmed by full time parenting, feel cooped up, are worried about the very scary crisis we are undergoing, or all of the above. With the added pressure of these orders, it can truly be overwhelming. Please know that everyone is feeling the strain to some degree and that there are many people ready and willing to help. If you need to speak with someone, please call the Colorado Crisis Services line at 1-844-493-8255.
While these orders will cause major disruption in normal life, they are meant to slow the rapid spread of COVID-19 and are a reflection on who we are as the citizens of the State of Colorado. We care for each other and we will do all we can to make sure that we save as many people as possible, even if we must sacrifice to do so.
Stay healthy. Stay safe. Stay home.
This blog post does not constitute legal advice, nor does it form an attorney client relationship with the reader. It is solely for informational purposes.