April 13, 2020 -- Westchester County District Attorney Anthony A. Scarpino, Jr. provided all law enforcement agencies in Westchester guidance for enforcing New York State’s social distancing and closure policies during the COVID-19 shutdown.

Governor Andrew Cuomo issued several executive orders extending “New York Pause” through April 29, 2020, to contain COVID-19 and protect the public’s health and well-being. The orders have banned nonessential gatherings of any individuals of any size for any reason; closed movie theaters, casinos, gyms, barbershops and salons, bars, restaurants and other nonessential businesses; and required a 100% workforce reduction for all nonessential businesses.

DA Scarpino deems public adherence to the Governor’s executive orders, outlined in the New York State 10-Point Policy, of vital necessity to contain the virus and protect all of us in Westchester County.

The Office has reached out to all of the county’s more than 40 local police departments, as well as Westchester County Department of Public Safety and all municipal agencies, to explain how the executive orders should be enforced at the local level.

DA Scarpino said, “Westchester has been hit hard by COVID-19 and we applaud the leadership and action of the Governor. As always, my focus is keeping Westchester safe and I join Governor Cuomo in his effort to contain the spread by enforcing social distancing in public spaces and businesses. It’s essential that we understand the executive orders and how they can be legally enforced. This is a very important measure that we join in with all of our local communities.”

Tarrytown Police Chief John Barbelet thanked the District Attorney for providing clarity. “We are grateful for this legal guidance from the District Attorney regarding the Governor’s executive orders. While, for the most part, the people of Tarrytown are complying with social distancing or listening to our officers when they tell groups of people to break up, there will be an occasion when someone doesn’t listen. Our officers need to know on the street level how to enforce these policies if it comes to that. In general, making arrests or issuing summonses are our last resort, but we need these tools to take action if necessary. The District Attorney has provided this much-needed assistance.”

Read the District Attorney's memo.

In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

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