What to do if you get a ticket or citation during the COVID-19 quarantine

Off the Record

March 25, 2020 (Updated November 24, 2022)

What to do if you get a ticket or citation during the COVID-19 quarantine

The Coronavirus pandemic has transformed not only the way we live but the way we move. The airline industry has ground to a virtual standstill, traffic across the United States is down significantly, and public transit ridership has plummeted. With nearly 50% of states on some version of lockdown, quarantine, or enforced self-isolation, it's not a surprise that very few people are "going" anywhere.

Simultaneously, federal, state, and local authorities in the US, and many governments abroad are grappling with how to enforce lockdown measures. This level of restriction on personal movement is largely unprecedented in the United States. While some laws have been put in place in some states and other laws could or have been adapted to enforce quarantine in other states, there remains some confusion about which agencies and groups are responsible and best positioned to enforce quarantine laws.

A recent article in the New England Journal of Medicine suggests that states have traditionally been responsible for quarantine laws and that courts have usually upheld these orders in order to protect public health. Historically, the Centers for Disease Control and Prevention (the "CDC") had generally focused on advising states on enforcement issues like quarantine, leaving enforcement to the states. However, in 2017, new federal rules were created empowering the CDC to enforce quarantine measures against anyone that CDC officials believe may bring communicable disease into the country or spread it across state lines.

As with nearly all law, there are constitutional limitations on the enforcement of quarantine or lockdown laws by both state and federal authorities, but these limitations have not been tested.

We at Off The Record are tracking the civil and criminal implications of lockdown measures in the United States, and in a few cases, abroad. Have you received a ticket or otherwise been cited for violating quarantine or lockdown in the United States? We are working with local lawyers to try and fight lockdown and quarantine tickets. If you get a quarantine or lockdown ticket you can get a free ticket review for that ticket here.

Quarantine Citation information in the United States:

On April 1, CNN reported that police are arresting and fining people at churches, weddings and house parties in Florida, Louisiana, and New Jersey.
In Hawaii, police made nine arrests and issued 180 citations and 1500 warnings for those violating the emergency law.
Puerto Rico went on lockdown on Sunday March 15th, with officials there announcing that lockdown violators could be subject to a $5,000 fine and up to six months in jail. By the next day police said they had fined one business and otherwise enforced the new rules more than two dozen times.
And in Hidalgo County, TX the Sheriff's office announced that it would be stepping up the stay-at-home order after had made "every effort to educate and keep the public informed" but had concluded that "a stronger tactic is in order."
Sonoma County in California law enforcement officials stated that those who failed to comply with lockdown measures could could face a maximum of 90 days in jail, a fine up to $1,000, or both. Violation would be considered a misdemeanor under the California Health and Safety Code. While that article is from a local Sonoma County publication it seemed to suggest that law enforcement agencies throughout California would act similarly to those in Sonoma County.
Also in California, officials in San Francisco suspended parking tickets for street-sweeping violations.
The Kaiser Family Foundation is tracking state-level data and policy actions to address coronavirus. Find that information here.

Quarantine Citation information abroad:

Outside of the United States the regulations enacted and enforced have varied greatly from country to country. As just a small sampling:

On Friday March 13, Italy cited 9,600 people for violating lockdown orders.
On Sunday March 22 a Spanish woman was arrested by local authorities for violating lockdown to meet a man she had connected with on a dating app.
In Beijing, China, an Australian-Chinese woman who broke the lockdown rules to go jogging was arrested, fired from her job, and had her work visa revoked.
On Thursday March 26, the Singaporean government announced that it would jail and fine people who do not keep a 1-meter physical distance in public.

Off The Record is closely following quarantine and lockdown citation activity. If you receive a quarantine or lockdown citation or ticket, get a free shelter-in-place ticket review here.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need legal help, please contact a qualified attorney.