Another U.S. sheriff refuses to enforce stay-home order

After an address by Washington Democratic Gov. Jay Inslee, the sheriff of one of the Seattle-Tacoma metro area's three counties announced he will refuse to enforce the governor's stay-at-home order.

Snohomish County Sheriff Adam Fortney wrote on Facebook Tuesday night he believes the order violates people's constitutional rights.

"I can no longer stay silent as I’m not even sure he knows what he is doing or knows what struggles Washingtonian’s face right now," the sheriff said.

Inslee, who was a candidate for the Democratic presidential nomination, said Tuesday he won't lift many of the restrictions in his current directive when it expires May 4.

Fortney said that after Inslee's remarks, he was "left to wonder if he even has a plan."

"To be quite honest I wasn’t even sure what he was trying to say half of the time. He has no plan. He has no details," the sheriff said. "This simply is not good enough in times when we have taken such drastic measures as the suspension of constitutional rights.

"However, our communities have already shown and continue to show they understand the severity of the situation and are doing all they can already to keep themselves, their families and neighbors safe and healthy."

'Sheriff Fortney does not get to decide'

The local Everett Herald reported the sheriff's Facebook post had gone viral, collecting more than 6,000 comments and more than 13,000 shares.

The governor also weighed in on it.

"We cannot have individual law enforcement officers arbitrarily decide which laws they're going to enforce and which laws they're not going to enforce,” Inslee said at a news conference Wednesday in Olympia.

Washington State Attorney General Bob Ferguson responded on Twitter to Fortney's post.

"Sheriff Fortney does not get to decide what is constitutional. That is up to the courts. I plan to follow up directly with Sheriff Fortney," Ferguson said.

The sheriff of Franklin County in eastern Washington, J.D. Raymond, also has announced he will not enforce the governor's stay-home order.

'This is not a time to blindly follow'

On Sunday, thousands of residents gathered in Olympia to protest the governor's order, declaring they must be allowed to go back to work.

Fortney said the government "should not be picking winners or losers when it comes to being able to make an income for your family."

"Are pot shops really essential or did he allow them to stay in business because of the government taxes received from them? That seems like a reasonable question," the sheriff said. "If pot shops are essential, then why aren't gun shops essential? Our Governor has told us that private building/construction must stop as it is not essential, but government construction is okay to continue."

Through Monday night, the Washington State Department of Health reported Snohomish County had 99 deaths from the coronavirus among 2,152 confirmed cases.

Fortney argued the data on the spread of the virus and its impact shows the models on which the present policy is based were inaccurate.

"While that is okay, we cannot continue down the same path we have been on if the government reaction does not fit the data or even worse, the same government reaction makes our situation worse," he said.

Forney said he's received "a lot of outreach from concerned members of our community asking if Governor Inslee’s order is a violation of our constitutional rights."

"As your Snohomish County Sheriff, yes I believe that preventing business owners to operate their businesses and provide for their families intrudes on our right to life, liberty and the pursuit of happiness," he said. "I am greatly concerned for our small business owners and single-income families who have lost their primary source of income needed for survival."

Fortney concluded with: "This is not a time to blindly follow, this is a time to lead the way."

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