# Legal ramifications of waiving covid restrictions for Floyd protests **URL:** \ **Category:** Great Debates\ **Created:** [June 15, 2020, 8:14pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719 "2020-06-15T20:14:15Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [June 15, 2020, 8:14pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/1 "2020-06-15T20:14:15Z")
As is pretty well known, many governors and mayors who have been pretty tough in cracking down on violations of their social distancing orders have ignored widespread flouting of these same orders in the case of recent BLM protests. In many cases, these governors and mayors have themselves flouted their own rules in participating in these protests. My question is, leaving aside the moral aspects of this, what are the legal ramifications of their doing this? Does this give additional basis for people challenging in court the enforcement (or even the existence) of these orders as applied to others? Or is it meaningless from a legal standpoint (and the only thing anyone can do in the face of such apparent inconsistency is vote the offending politicians out)? ---
**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\ **Post date:** [June 15, 2020, 8:38pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/2 "2020-06-15T20:38:27Z")
> [@Fotheringay-Phipps](#): > > As is pretty well known, many governors and mayors who have been pretty tough in cracking down on violations of their social distancing orders have ignored widespread flouting of these same orders in the case of recent BLM protests. Yeah, you’re going to need to provide cites. For example, pretty much all the rules passed in Illinois are about businesses. There’s pretty much nothing about what you can do as in individual outside. ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [June 15, 2020, 8:50pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/3 "2020-06-15T20:50:49Z")
I don’t know about all states, but at least in NY & NJ (and I’m pretty sure in many other stares as well) large public gatherings have been banned even when not connected to businesses. > **[N.J. Governor Calls for 'Social Distancing' Three Days After Demonstrating](https://www.newsweek.com/new-jersey-governor-calls-social-distancing-personal-responsibility-three-days-after-joining-1510060)** > > New Jersey had a ban in place for outdoor gatherings of over 25 people when the governor participated in protests last weekend. > **[De Blasio struggles to defend social distancing, coronavirus rules amid protests](https://nypost.com/2020/06/02/de-blasio-struggles-to-defend-coronavirus-rules-amid-protests/)** > > Mayor Bill de Blasio struggled to explain Tuesday why large religious gatherings remain banned and businesses deemed nonessential are still closed under coronavirus-related orders as thousands pack… [[Here’s some commentary](https://reason.com/2020/06/02/george-floyd-protesters-deblasio-murphy-covid-19-lockdown/) about the issue, but I’m wondering about the strictly legal ramifications.] ---
**Author:** ![Keeve](https://avatars.discourse-cdn.com/v4/letter/k/f07891/32.png) [@Keeve](https://boards.straightdope.com/u/Keeve)\ **Post date:** [June 15, 2020, 9:13pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/4 "2020-06-15T21:13:47Z")
> [@Fotheringay-Phipps](#): > > Does this give additional basis for people challenging in court the enforcement (or even the existence) of these orders as applied to others? Maybe, but I’d rather not rely on it: > [@President Richard Nixon](#): > > [When the president does it, that means that it is not illegal.](https://en.wikipedia.org/wiki/Nixon_interviews) ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [June 15, 2020, 10:01pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/5 "2020-06-15T22:01:59Z")
[Moderating] This could have been a factual discussion… but not the way it’s framed by the OP. Off to GD. ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [June 15, 2020, 10:09pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/6 "2020-06-15T22:09:00Z")
No idea what that’s about. In any event, regardless of this puzzling moderating decision, I hope at least some people will still address the factual legal question posed in the OP. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [June 15, 2020, 10:22pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/7 "2020-06-15T22:22:55Z")
I’ll take a run at it. But I’m truly not aware of anyone being prosecuted for flouting the bans against public gatherings. Can you direct me to a sample case? ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [June 15, 2020, 10:30pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/8 "2020-06-15T22:30:04Z")
There have been any number of such cases reported in the media. [Here’s one example](https://www.app.com/story/news/local/emergencies/2020/03/25/coronavirus-lakewood-cops-charge-2-violating-public-gathering-ban/5084749002/). ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [June 15, 2020, 10:42pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/9 "2020-06-15T22:42:44Z")
> [@Fotheringay-Phipps](#): > > As is pretty well known, many governors and mayors who have been pretty tough in cracking down on violations of their social distancing orders have ignored widespread flouting of these same orders in the case of recent BLM protests. … Cite? ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [June 15, 2020, 10:48pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/10 "2020-06-15T22:48:03Z")
If you look at the cites in post #3 to this thread you’ll see some reporting on it. But this is has been very widely reported, and it’s trivial to find additional reporting and commentary on this. (The point of this thread is that while there has been extensive commentary, I’ve not seen any on the specific aspect of whether this has legal ramifications in terms of enforcement.) ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [June 15, 2020, 10:51pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/11 "2020-06-15T22:51:45Z")
deleted ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [June 15, 2020, 10:52pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/12 "2020-06-15T22:52:05Z")
The police cited the organizer: the guy that put up the tent and invited people. So far as I can see, the police didn’t cite the attendees. For the protests, there is no clear “leader,” to cite. ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [June 15, 2020, 10:59pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/13 "2020-06-15T22:59:25Z")
> [@Bricker](#): > > The police cited the organizer: the guy that put up the tent and invited people. So far as I can see, the police didn’t cite the attendees. > > For the protests, there is no clear “leader,” to cite. > **[Ten people charged after police in New Jersey shut down engagement party](https://www.nbcnews.com/news/us-news/ten-people-charged-after-police-new-jersey-shut-down-engagement-n1173926)** > > The hosts were charged with six counts of child endangerment for each of their six children in attendance. > **[15 people charged in New Jersey after funeral where dozens gathered](https://www.nbcnews.com/news/us-news/15-people-charged-new-jersey-after-funeral-where-dozens-gathered-n1175066)** > > As many as 60 to 70 people gathered for a funeral and refused to disperse, in violation of Gov. Phil Murphy's order banning social gatherings, authorities said. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [June 16, 2020, 12:26am UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/14 "2020-06-16T00:26:26Z")
> [@Fotheringay-Phipps](#): > > [Ten people charged after police in New Jersey shut down engagement party](https://www.nbcnews.com/news/us-news/ten-people-charged-after-police-new-jersey-shut-down-engagement-n1173926) > > [15 people charged in New Jersey after funeral where dozens gathered, violating state order](https://www.nbcnews.com/news/us-news/15-people-charged-new-jersey-after-funeral-where-dozens-gathered-n1175066) OK, got it. So – much like speeding – it’s generally no defense to your own charges to point out that others also broke the law. If you could show selective enforcement based on race, there might be an avenue to challenge. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [June 16, 2020, 2:05am UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/15 "2020-06-16T02:05:16Z")
Sort of related (sort of?), is the well-reported situation that persons wishing to register to attend Trump’s rally in Tulsa are required to sign a waiver absolving the campaign, the venue, and others from any liability for any covidness they may encounter. The question has been kicked around here and there, how legally valid or binding is any such waiver like that? ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [June 16, 2020, 2:08am UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/16 "2020-06-16T02:08:02Z")
> [@Bricker](#): > > If you could show selective enforcement based on race, there might be an avenue to challenge. Would selective enforcement based on religion be an avenue to challenge? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [June 16, 2020, 4:13am UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/17 "2020-06-16T04:13:19Z")
> [@Bricker](#): > > OK, got it. > > So – much like speeding – it’s generally no defense to your own charges to point out that others also broke the law. > > If you could show selective enforcement based on race, there might be an avenue to challenge. Or selective enforcement based upon a constitutional right. They favor the speech of the BLM protestors but not yours. They favor that assembly, but not yours. ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [June 16, 2020, 1:24pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/18 "2020-06-16T13:24:13Z")
> [@Bricker](#): > > So – much like speeding – it’s generally no defense to your own charges to point out that others also broke the law. It’s not about others breaking the law but about government policy towards others who break the law. It’s as if the government explicitly decided to stop enforcing speeding laws in certain politically-connected parts of the state while continuing to enforce them vigorously in parts dominated by the political opposition. Absent a racial angle, does the selectiveness of the enforcement policy have no legal import? ---
**Author:** ![Ann\_Hedonia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ann_hedonia/32/319_2.png) [@Ann\_Hedonia](https://boards.straightdope.com/u/Ann_Hedonia)\ **Post date:** [June 16, 2020, 2:28pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/19 "2020-06-16T14:28:40Z")
> [@Fotheringay-Phipps](#): > > There have been any number of such cases reported in the media. [Here’s one example](https://www.app.com/story/news/local/emergencies/2020/03/25/coronavirus-lakewood-cops-charge-2-violating-public-gathering-ban/5084749002/). This happened on March 25, at the height of the lockdowns and two months before the first of the large mass protests. Do you have a cite that happened within the last 3 weeks? ---
**Author:** ![Urbanredneck](https://avatars.discourse-cdn.com/v4/letter/u/ea5d25/32.png) [@Urbanredneck](https://boards.straightdope.com/u/Urbanredneck)\ **Post date:** [June 16, 2020, 3:08pm UTC](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719/20 "2020-06-16T15:08:10Z")
As long as the protests support democrats and the liberal agenda, they should waive any restrictions. I mean, isnt that what they have been saying when they encourage people to protest Trump and any conservatives? [Next page](https://boards.straightdope.com/t/legal-ramifications-of-waiving-covid-restrictions-for-floyd-protests/855719.md?page=2)