True Constitutional Sheriff
SHERIFF’S ORDER TO CEASE AND DESIST HARASSMENT
November 23, 2020
While the State of Washington strongly recommends the wearing of masks, there is no law in place requiring them. It has been brought to the attention of the Sheriff’s Office that certain businesses have implemented policies denying entry or access to services for those absent a face covering. Regardless of such policies being considered as justified or common, any such policy is in direct violation of Washington State Law and is discriminatory and unlawful. Individuals without a face covering cannot be considered a direct threat, unless they have been deemed to be contagious by a treating physician with full access to their medical history, and are entitled to equal access at all places of public accommodation (RCW 49.60.030). Someone who complies with all lawful conditions at places of public accommodation cannot be considered as trespassing. Behavior meant to create a hostile or unsafe environment toward those without a face covering is regarded as Harassment, which is a criminal offense under Washington State Law (RCW 9A.46.020). Harassment is a Gross Misdemeanor punishable by up to a year of jail time and/or up to $5,000 in fines.
The following types of actions toward individuals without a face covering are regarded as Harassment:
- Subjecting someone to physical restraint such as blocking their entry or restraining their free movement.
- Being unlawfully detained by police when there is no evidence of trespass. Such action by law enforcement is considered Deprivation of Rights under Color of Law (18 USC Section 242).
- Threatening someone so as to create concern for their physical or mental health safety, such as calling or purporting to call law enforcement under the guise of a trespass violation.
The Office of the Sheriff is the chief law-enforcement agency in the County with duty to keep peace and uphold the Law in accordance with Federal and State Constitutions. This document serves as an order to cease and desist harassment, which is an unlawful action as outlined above. Whoever chooses to willfully engage in unlawful behavior is committing a criminal offense and is subject to any punishments befitting the offense. In the execution of their duties, the Sheriff may arrest and commit to prison all persons who break the peace, attempt to break it, and all persons guilty of public offenses, which is conduct that is in violation of existing laws and is punishable by laws.
Any questions or concerns related to this order should be addressed to the Sheriff’s Office at 360-748-9286
Lewis County Sheriff
Washington State Sheriff’s Association