The sheriff of Snohomish County, Washington, where the first confirmed case of the coronavirus in the United States was found, said he won’t enforce the state’s stay-at-home order.
Sheriff Adam Fortney claimed in a Tuesday Facebook post that Democratic Gov. Jay Inslee’s “Stay Home, Stay Healthy” order is unconstitutional and “intrudes on our right to life, liberty and the pursuit of happiness.”
“As your elected Sheriff I will always put your constitutional rights above politics or popular opinion,” Fortney wrote. “We have the right to peaceably assemble. We have the right to keep and bear arms. We have the right to attend church service of any denomination. The impacts of COVID-19 no longer warrant the suspension of our constitutional rights.”
In the post, the sheriff questioned the designation of some businesses as “essential” while prohibiting others from opening.
“If this Coronavirus is so lethal and we have shut down our roaring economy to save lives, then it should be all or nothing. The government should not be picking winners or losers when it comes to being able to make an income for your family. If the virus is so lethal it shouldn’t matter whether you are building a school for the government, building a new housing development, restaurant owner, or you happen to be an independent contractor,” he wrote.
Washington’s stay-at-home order was enacted on March 23 and is set to expire on May 4, but Inslee is willing to extend the order. Changes to the order will be led by data, according to Q13 Fox.
Snohomish County prosecutor Adam Cornell responded to Fortney’s statement, saying, “Put simply, we are elected to serve under the laws, not to act above them.”
Cornell added, “Actions have consequences. State and local emergency proclamations are legally binding on all of us whether we agree with them or not.” He said that violations of the law come with consequences and that he will exercise “prosecutorial discretion.”
Inslee called the comments “disappointing” and said that the Office of the Attorney General would be “reaching out to Sheriff Fortney directly.” Inslee also said that “prosecutors have informed our office they agree the state’s orders are legal.”
Washington had the earliest confirmed case of COVID-19 in the U.S. and what until recently were thought to be the earliest deaths. There have been more than 12,000 confirmed cases of COVID-19 and 692 deaths in Washington.
