Authorities: No pullovers under Safer-at-Home order

SHAWANO — Shawano County authorities Thursday denied rumors circulating on social media that sheriff’s deputies were randomly pulling over vehicles to question drivers about why they’re out and about during the statewide Safer-at-Home order.

Wisconsin Gov. Tony Evers ordered the closure of all non-essential businesses, effective 8 a.m. Wednesday, and urged people to stay at home to slow the spread of the COVID-19 virus.

Shawano County Sheriff’s Department Chief Deputy George Lenzner said the sheriff’s department is not pulling vehicles over as a means of enforcing the state order.

“I know there was a rumor, and I don’t know where that got started, that Shawano County was pulling people over and finding out where they’re going, but no, we’re not doing that,” Lenzner said.

He said he is not aware of any county in the state that is doing that.

The Brown County Sheriff’s Department has reported, however, at least two incidents of people impersonating officers doing compliance checks with the state law.

The department emphasized in a Facebook post that their own officers are not doing such checks.

“We are NOT doing compliance checks,” the sheriff’s department said. “So if you are contacted by someone claiming to be an officer and demanding to see your work papers, please contact your local authority. We would love to identify the individual(s) involved. Thank you!”

The Brown County Sheriff’s Department said in a subsequent Facebook post that one of the reports they had received was false.

Lenzner said the law requires a reason to pull someone over.

“You don’t really have probable cause just to pull somebody over to find out what they’re doing,” Lenzner said. “You’ve got to have a reason to pull somebody over.”

Even with non-essential businesses closed, Lenzner said, there are any number of reasons for people to be on the road.

“Somebody could be going to the grocery store or the gas station or the hardware store, or even at two in the morning there’s still factories open and they could be going to work,” he said. “There’s no reason to pull somebody over to find out where they’re going.”

Lenzner said the department would want to hear from anyone pulled over for that reason.

“If that person was pulled over, I would hope they would come in and tell us,” he said.

Lenzner said the department has received a lot of calls from people asking whether they need to have a letter from their employer explaining why they’re out. They do not, he said.

Shawano Police Chief Dan Mauel said the same rules apply to his department.

“We will not randomly stop vehicles to ask people where they are going or for any type of papers authorizing employment travel,” he said. “We still need reasonable suspicion to stop a vehicle.”

Mauel said the myriad of legitimate reasons for people to be out and about — including getting food or medical assistance and going to work — makes it impractical to check people.

However, he said, the department is encouraging everyone to comply with the state order.

So far, Mauel said, there have been no compliance problems.

“The community has been great and we expect that to continue,” he said.

Mauel said there have been no issues in the city with businesses being open that need to be closed.

“If issues come up we will do everything we can to remind the business owner to close,” he said. “We have no desire to bring any more hardship to anyone, but we realize the importance of the present situation and the need to pay attention to our medical experts.”

Mauel said that as a last resort a citation could be issued or criminal charges could be referred to the district attorney’s office. He said, however, he doesn’t expect that will be necessary.

“We expect the compliance we have now will continue,” he said.

“We encourage people to get outside to exercise, enjoy our parks, and enjoy nature as long as they are practicing social distance and are in groups of less than 10,” Mauel said. “If our officers come across larger groups of people we will remind them of the reason for social distancing and ask them to separate or disperse.”

Lenzner said the majority of people in Shawano County seem to be heeding the state order and staying home.

The daily incident lists from the sheriff’s department show that the department had a few initial complaints about some taverns in the county that were still open.

Deputies visited those establishments and showed them the governor’s order.

“We had a few taverns and restaurants where we stopped in and did some education,” Lenzner said, adding that there have not been any problems since then.

“For the most part, it’s been pretty good in the county,” he said.

Shawano-Menominee County District Attorney Greg Parker said enforcement of the state mandate has been discussed with law enforcement in both Shawano and Menominee counties.

"It has been agreed that when an officer responds to a complaint regarding violations of the Stay-at-Home order that they educate or inform the person(s) of what is required under the order and then make a report regarding the situation," Parker said in email.

"At the same time, if it is a business (designated under the Order) that is violating the order the officer would take the same approach, make a report of the incident and if the order is being ignored or abused then the department has the discretion to file a referral with the DA office," he said. "At that point a prosecutor will review the referral and decide whether a complaint will be issued."

Parker said his office and law enforcement are trying to balance what business owners are going through against the health concerns of the community.

"I certainly understand that people still have to make a living by doing business, but everyone has to be mindful that if they are ignoring the Governor’s order for social distancing, then they potentially present a risk to the entire community if they are one of the unfortunate people infected with the COVID-19 virus," he said.

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