Frustration rises over low shelter-in-place order citations but challenges abound.

A shelter-in-place order means no leisure travel allowed, but that hasn’t stopped thousands of people from flowing into the Monterey Peninsula on recent weekends, many without masks and little concern for keeping six feet away from strangers. It’s testing the patience of residents and city leaders and leaves some wondering why there isn’t more enforcement of both the SIP order and a facial covering order that’s been in place since April 30.

Carmel City Council met on May 29 to unpack Memorial Day weekend, which featured newly approved outdoor dining and a busy Carmel Beach where hundreds defied the city’s rule of “recreate, don’t congregate.” City Administrator Chip Rerig said citations issued by Carmel Police since March had been rejected by the Monterey County District Attorney’s Office.

“It takes the wind out of our sails when the DA isn’t prosecuting,” Rerig said. (Carmel Police Chief Paul Tomasi reports CPD has cited 17 people; nine were declined and eight are under review.)

Chief Assistant District Attorney Berkley Brannon says Carmel’s investigations of citations his office declined to charge “did not establish beyond a reasonable doubt,” a challenging threshold when it comes to enforcing the broadly worded order. “People could be out for a million reasons,” Brannon says.

Two of Carmel’s cases were early in April, when the DA was focused on educating the public instead of prosecuting.

“Our filing practice has evolved as we have gained experience and determined the need to deter when necessary,” Brannon adds.

The DA’s Office has filed charges for 146 SIP order violations since March, most of them connected to arrests of people also charged with other offenses. (He did not have the number of charges submitted that the DA declined to prosecute.)

It appears no agency is enforcing the facial covering order, favoring education instead. Pacific Grove Councilmember Jenny McAdams says her council has received numerous complaints from residents, wondering why little is being done. “It’s not fair for visitors to come and not wear a mask and social distance and do all these things we’ve been doing,” she says. “I totally understand why people are angry and frustrated.”

She’s frustrated too, but says the P.G. Police Department has experienced increases in calls for domestic violence and mental health crises since SIP began. “We have to prioritize, I absolutely understand that,” she says. “It’s a tough situation. As a city we didn’t get a manual, we didn’t get explicit instructions on how to do this.”