Boise virus order prompts ‘robocalls’ to jam phone lines, deter enforcement
Dozens of calls about violations of Boise’s new health order came in by the end of the day Tuesday, Boise officials said, and several businesses have asked for city support enforcing it.
The order went into effect Monday. At a news conference Tuesday, Mayor Lauren McLean also said that it appeared at least one group has used phony “robocalls” as a way to tie up the phone line the city set up Monday to receive complaints and calls for enforcement help.
Even so, the city received 54 “actionable complaints” in the first two days the line is open, Seth Ogilvie, McLean’s spokesperson, said Tuesday.
“Four businesses have called to ask for city support to remove individuals from their premises that were violating that business’s own mask order and desire to enforce the mask ordinance here in the city,” McLean said at the news conference. “And in those four instances officers arrived on the scenes, and the individuals refusing to comply with the health order had already left.”
Ogilvie later said the Boise Police Department received nine requests for help — three on Monday and six on Tuesday — although no citations were given.
McLean announced last week that the city would begin enforcing her most recent health order. The order maintains previous requirements that people wear face coverings over the nose and mouths in public places, and that they maintain at least 6 feet of distance from those not in their households whenever possible.
It also continues a requirement that businesses comply with sanitation recommendations from Central District Health and with statewide guidelines set by Gov. Brad Little’s order that returned Idaho to Stage 2 of the reopening.
Violating McLean order is misdemeanor
A violation of McLean’s order is a misdemeanor, punishable by up to a $1,000 fine and six months in jail, just as her past orders were, though those were not enforced.
Ogilvie told the Statesman last week that specific charges would “really depend on the circumstances specific to the situation.”
He said penalties would generally be for trespassing, which isn’t part of McLean’s order. Trespassing infractions come with $300 fine, while misdemeanor trespassing can come with six months in jail and up to a $1,000 fine, he said.
The new enforcement includes potentially citing or even arresting people who refuse to put on a mask in businesses, and suspending the licenses of businesses who pose “a clear and immediate threat” to public health.
She said the spam calls made it difficult to determine how many people actually called the line and made it more difficult for people with genuine concerns to reach city personnel.
“We believe we’ve figured out a way to detect actual citizen calls or calls generated through a call program, so we can serve those are interested in ensuring that our health order is followed,” she said.
Ammon Bundy group demonstrates outside McLean home
She said that overwhelmingly, she had gotten a positive response from the public about her health order, although some groups have been notably unhappy about it.
About two dozen members of People’s Rights, an anti-government militia group led by Ammon Bundy, protested outside McLean’s home on Monday evening. McLean said the protest reminded her “how grateful I am for the thousands of people, the majority of Boiseans that have been selfless and done countless sacrifices for the good of others.”
“Unfortunately, there are those that have opted not to follow health protocols,” McLean said. “That’s really unfortunate, but I recognize people have the right to assemble.”
Until last week’s announcement, McLean had declined to have the city enforce past health orders, opting instead to focus on educating people on the public health value of following it.
The city had not issued any citations for failing to wear masks, a requirement McLean put in place in June, or for failing to social distance, a requirement she created in March.
Last month two people were arrested for misdemeanor trespassing after refusing to wear a mask at a Central District Health meeting.
City still seeks to educate businesses first
Now, health workers from the city are following up on complaints against businesses. The city will inform the business of complaints and educate the business on the orders as well as potential consequences of continued violation, according to a news release on the order last week.
Businesses whose practices pose an immediate threat to the public will have their city licenses suspended for at least 10 days on the first violation. The second violation would be a license suspension of at least 20 days, and the third would lead to a year-long revocation.
Working with businesses was one of the recommendations health executives gave to McLean last week when they told her that without intervention, the medical system would be overwhelmed. Hospitals are reaching their capacity, and health care workers are burning out, they told her.
Dr. Steve Nemerson, the chief clinical officer at Saint Alphonsus, said that predictive modeling showed that “unless the community radically changes its compliance with masking, social distancing and crowd size limitations within the next four or five weeks,” predictive models show that hospitals can expect to see double the COVID-19 patients by Christmas “and a tripling thereof” by mid-January.
Dr. Jim Souza of St. Luke’s Health System said last week that with COVID-19 coupled with flu season, hospitals may need to begin rationing care in December, meaning officials would be forced to pick who gets care and who does not.
To report a business not in compliance with health orders, call 208-608-7040. Businesses worried about non-compliant customers should call the Boise Police Department’s non-emergency dispatch line at 208-377-6790.
McLean last week also closed several city facilities to the public, including City Hall, the Boise Depot and city libraries.
This story was originally published November 24, 2020 at 5:30 PM.