What’s allowed under Virginia’s ‘stay-at-home’ order? An attorney explains

In the wake of Governor Northam’s recent “Stay at Home” order for the State of Virginia, Jean Humbrecht, a Manassas-based attorney hosted a Facebook Live event on Wednesday discussing the legal ramifications of the order.

Humbrecht explained that not only Virginia but Maryland and Washington, D.C. also have stay at home orders. She explained that in Virginia, if a citizen violates the order, it is a class one misdemeanor and they can face up to 12 months in jail and a fine up to $2,500.

Humbrecht encouraged people who have to travel to Maryland or Washington, D.C. for work to research their laws since they will apply to them while they are there. Humbrecht reiterated that you are subject to the laws and penalties of the place that you are going to.

Humbrecht noted that although things are constantly changing, as of right now Maryland’s rule forbids travel unless it is “absolutely necessary”, and lawbreakers face up to a year in jail and a fine of up to $5,000.

Washington, D.C. is permitting essential work and travel only, with up to 90 days in jail and a fine of up to $5,000.

Humbrecht said that she’s been getting a lot of questions about the laws because they’re not entirely clear. One question someone asked her was if they can go to their mailbox. Humbrecht encouraged people to use common sense, but if you don’t think you should go or you don’t have to go there, then you shouldn’t, she said.

As far as if Humbrecht thinks people will actually get arrested?

“It’s too soon to tell,” she said. “This is such an unprecedented time, nobody really knows.”  The Virginia State Police said in a recent press release that they will address violations with warnings before being charged.

It’s now clear the Virginia State Police have mobilized and are enforcing the governor’s stay-at-home order. A police press sent on April 1, 2020 states:

“Governor Northam has directed state and local law enforcement to initially address violations of the following Executive Order 53 and Executive Order 55 directives with education and warnings. Persistent violation of these Executive Order (EO) directives can result in an individual(s) or business being charged with a class one misdemeanor, which carries up to a year in jail and $2,500 fine.”

During Humbrect’s webinar, someone asked if they are allowed to take an Uber. Humbrecht responded that while Uber drivers are not listed as essential in Virginia, they’re not listed as non-essential, either. If you have to get in an Uber, be make sure it’s for an essential reason, said Humbrect.

“These orders aren’t very clear,” Humbrecht said. “It goes back to common sense,” she said. Another question someone asked her was to what extent someone can exercise, which is allowed in the orders. Humbrecht replied to use common sense, and that going for a walk or a run for a few miles is fine.

Humbrecht added that it is possible the governor could revise his stay-at-home order, which ends June 10. The coronavirus outbreak is due to reach a peak in the state in mid-May, according to modeling data from the University of Washington.

“These rules and laws are constantly changing,” Humbrecht said.

Humbrecht also noted that because the region’s courthouses are closed, you can’t just walk into court and file a civil lawsuit. Lawyers are still working, but a lot of deadlines are being extended, she noted.

Another person asked if social gatherings of less than 10 neighbors sitting in lawn chairs 6 feet apart are alright. Humbrecht said that was fine.

More information related to the statewide “Stay at Home” order can be found online