The “stay at home” order issued by Governor Doug Ducey effective March 31 has prompted numerous calls to the Maricopa County Sheriff’s Office in Fountain Hills about possible violations of that order.

Comments regarding violations also resulted in a discussion by council members at the April 7 session. Councilman David Spelich said he sees that the COVID-19 pandemic has crippled the economy and he offered “hats off” to restaurants that have been compliant with the governor’s executive orders, in spite of facing devastating results.

However, Spelich called the response of one restaurant owner “unconscionable” for refusing to comply.

“This boggles the mind,” Spelich said. “We need to band together, not have an attitude that we are above the executive order, which has the force of law.”

He demanded the restaurant owner apologize to MCSO and town staff for the behavior.

Councilman Mike Scharnow said this is a time to stay calm and not panic.

“Carry on, try to put others before yourself and take necessary precautions,” Scharnow said. “This is Easter and a time for hope.”

Councilman Art Tolis sought clarification concerning how MCSO is handling potential violations of the governor’s orders.

“What I am hearing seems very close to a violation of constitutional rights,” Tolis said.

“There is a real push to provide information and educate,” Mayor Ginny Dickey said. She cited the Arizona Commerce Authority, Arizona Department of Health Services and the federal CDC as all places people could go to find health as well as economic information to make it through the crisis. She also mentioned the activation of a “211” state number for virus information.

Maricopa County Sheriff’s Capt. Larry Kratzer, commander for MCSO District 7 based in Fountain Hills, also responded to Tolis’ request for clarification. He spoke to the council and also responded to The Times in an email.

“Nearly all of the instances in which a deputy has contacted a person or a business were the result of MCSO being called about the potential violation,” Kratzer said. “Local law enforcement is responsible for the enforcement of the Governor's Executive Orders pursuant to (state law), which makes violations of such orders a Class 1 Misdemeanor.

“It has been relayed to law enforcement that our primary goal should be to seek voluntary compliance through education of the Governor’s Executive Orders. This has been emphasized by both Governor Ducey, as well as Sheriff (Paul) Penzone. There may be situations, however, when a deputy has to take criminal enforcement action for violations of the Governor's Executive Order. This would be reserved for situations involving egregious, progressive, or patterned violations of the Executive Order(s). We fully expect, and have discovered so far, that the need for criminal enforcement by local law enforcement is extremely rare.”

Kratzer said deputies have received 21 calls regarding possible violations of the governor’s orders, including 14 involving restaurants. He confirmed that one restaurant was cited after repeated violations. He did not name the restaurant. The other seven complaints involved questioned gatherings of several people. Deputies explained the governor’s order to those groups.