Port Washington Police: Few Mask, Social Distancing Complaints

PORT WASHINGTON, NY — Mask-wearing and keeping a safe distance away from others have become the norm in Port Washington and elsewhere across the state in the coronavirus era, but questions have been raised over who exactly enforces these mandates and what, if any, punishment violators face. Other than the occasional public shaming on Facebook, of course.

New York was the first in the country to mandate masks. At a news briefing Wednesday, Gov. Andrew Cuomo rebuked President Donald Trump for not doing the same, noting the projection the White House uses, the Institute for Health Metrics and Evaluation (IHME) model, showed an additional 15,000 Americans will die by October following a spike in the infection rate.

"Wear a mask," Cuomo said. "IHME says 45,000 more people will die if they don't wear masks. Think about this. If a mask order is not in place, 45,000 more deaths."

That message has largely been followed in New York, as evidenced by the state's infection rate, which hovered at 1.2 percent Tuesday.

But in Port Washington, residents have reported on social media and through Patch's own Neighbor Post feature about a lack of social distancing and facial coverage at public parks, such as the Town Dock. Jonathan Winant recently posted on Patch saying he and other residents have become concerned about groups of young people hanging out at the dock without masks.

"Groups regularly gather where individuals are face to face with each other showing absolutely no concern for the virus which has consumed our country and the rest of the world," Winant wrote.

He told Patch in a follow-up email he recently contacted Port Washington police about possible violations at the Town Dock, but that little came of his efforts.

"On several occasions Police show up and just sit in their vehicle," he told Patch in an email.

He also reported seeing people gather with no personal protective equipment in a parking lot along Shore Road.

And Winant is not alone.

Similar posts have appeared in multiple local Facebook groups. Some frustrated residents have resorted to publicly calling out violators on social media, even going so far as to post pictures of faces. Others have resorted to confronting violators directly. Recently a confrontation broke out at Dairy Queen in Medford when a customer saw a worker preparing his food without a mask. Cuomo has also quipped that he's approached offenders on the street and asked them to wear a mask.

When asked how Port Washington police can enforce Cuomo's executive order, a spokesman referred Patch to local and state health authorities. The spokesman said that while reports may appear on social media from time to time, they rarely get reported to police. No such calls were reported in recent days. He praised the community for largely complying with the order.

For the small number of calls so far, police mainly turned to public education: Teaching people why wearing a mask and social distancing is important, and how it prevents the virus from spreading. Police have also handed out masks to people at parks.

Folks who see violations on North Hempstead town property should call 311, the spokesman said. A message left with the town wasn't immediately returned. Gatherings and nonessential businesses and groups that are not complying with mandated closures can also be reported to Nassau County at ShutdownEnforcement@NassauCountyNY.gov

Port Washington police said they've made no arrests for social distance and face-covering violations. Nassau County police didn't immediately respond to a request for comment.

When asked about how local governments and agencies can enforce social distancing and mask-wearing, the state Health Department pointed to documents that said authorities should use the "least invasive enforcement approach necessary to achieve compliance." Unless the situation is particularly egregious, authorities should use the first violation as an opportunity to inform folks of the orders and "their responsibility to protect the health and safety of themselves and others."

However, businesses and other venues who are repeat offenders could see enforcement action from primarily local, but sometimes state, authorities, including local police departments and sheriff's offices, local code enforcement agencies, state law enforcement agencies and state regulators. Such was the case recently in Island Park where the State Liquor Authority suspended the license of Dox over violations of social distancing orders. Police officers, the order said, have general authority to enforce any offense under state law CPL § 140.10, which allows police officers to make arrests without a warrant in certain situations.

Mask and social distance violators can warrant the following penalties:

• Verbal or written warning
• Violation of uniform code/local building code – violation, penalties vary; may result in loss of occupancy certificate
• Violation of health law (PBH § 12) – civil violation; up to $2,000 first time violation, up to $5,000 repeat violation
• Willful violation of health law (PBH § 12-B) – criminal misdemeanor; up to $10,000 first time violation and/or up to one year imprisonment
• Violation of state license or certification – financial penalty and/or loss of license or certification as governed by respective statutes/regulations
  • For example, State Liquor Authority-licensed entity violation – civil penalty; up to $10,000 and/or loss of license
• Disorderly conduct (PL § 240.20) – violation; up to $250 and/or up to 15 days imprisonment
• Criminal nuisance in the 2nd Degree (PL § 240.45) – Class B criminal misdemeanor; up to $500 and/or up to three months imprisonment
• Obstructing Governmental Administration in the 2nd Degree (PL § 195.05) – Class A criminal misdemeanor; up to $1,000 and/or up to one year imprisonment.