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Enforcement of emergency order rules continues as partial reopening nears

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Delaware Public Media

The state of Delaware continues to enforce the emergency order Gov. John Carney put into effect as a response to the coronavirus pandemic.

As of Wednesday, state and local law enforcement agencies have arrested 147 people since March 30th for failing to follow restrictions in the order, according to data obtained from the Delaware Criminal Justice Information System.

13 Delaware businesses received cease and desist letters from the state. Most were nonessential businesses like smoke shops, beauty supply stores and barbershops. And some of those are being allowed to reopen in limited fashion Friday.

A clinical laboratory in Milford, the Lab at Seascape, received a C&D from the Delaware Department of Health and Social Services (DHSS) a month ago for allegedly overcharging for COVID-19 antibody tests.

State Attorney General Kathy Jennings touts the efforts of the Delaware Department of Justice civil and fraud divisions to develop enforceable rules while working remotely.

“In helping the Governor’s office to research the background, make sure the wording was legally correct and the orders were legally correct before they were official,” said Jennings.  

Failure to obey an emergency order in Delaware is a misdemeanor punishable by a fine of $50 to $500 and up to 6 months in prison, but a DOJ spokesperson says no fines and other penalties have been issued yet since grand jury hearings and jury trials are on hold during the pandemic.

Asked about the Delaware State Police’s enforcement role, a spokesperson would not comment beyond referencing statutes pertaining to unlawful gathering of crowds, prohibited use of beaches and refusal to leave a store when not wearing a mask considered applicable to enforcement. 

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