A California sheriff said his office will not be enforcing new coronavirus lockdown orders from Gov. Gavin Newsom.
Orange County Sheriff Don Barnes told Fox News on Monday that the orders don’t pass the “constitutional test” and that compliance is a matter of “personal responsibility” and not for the sheriff’s department to regulate.
“It’s been a long year for everybody. We know that,” Barnes said. “It’s been very impactful upon all of the businesses and residents of Orange County and California. But I just don’t think that it’s something that falls in line with law enforcement priority.”
“We have many other responsibilities that we are dealing with … homelessness, substance use disorder. It’s not only unfair to law enforcement but I don’t think it’s fair and stands the constitutional test,” the sheriff added.
Barnes said that while his office has seen businesses comply with Newsom’s orders, he said the “goalposts keep moving by the week.”
Newsom’s recent stay-at-home order affects some 33 million Golden State residents and went into effect on Sunday in Southern California and part of the Central Valley. The lockdown measures are based around dwindling capacity in intensive care units in some areas, according to ABC 7.
Barnes first announced that his department would not be complying with the edict in a Saturday news release posted to social media. In the letter, Barnes contends that enforcing COVID-19 restrictions is not part of his job description.
“Compliance with health orders is a matter of personal responsibility and not a matter of law enforcement,” he said.
Please see my statement regarding Southern California being placed under the Governor’s regional stay-at-home order. pic.twitter.com/lgvvHGnasp
— OC Sheriff Don Barnes (@OCSheriffBarnes) December 5, 2020
COVID-19 cases have been surging in California. In total, there have been more than 1.3 million confirmed infections and nearly 20,000 deaths. New cases have increased by 84% over the past two weeks, and deaths have increased by 70%.

