As the COVID-19 pandemic hit the shores of the United States, nearly every local and state government began putting emergency orders in place which forced non-essential businesses to close their doors to the public. Now that we are several months into the closures, some business owners are thinking about opening their stores even if they are not allowed to.
However, opening a business in Los Angeles in violation of the Safer LA order is a misdemeanor and carries these penalties:
A fine of up to $1000
Up to 6 months in prison
Or, both a fine and prison time
The business’ water and electric utilities may be shut off by the Deputy Mayor of Public Safety
Additionally, the California Governor’s Office of Emergency Services has established that penalties and fines may also be accrued from the California divisions of:
The Occupational Safety and Health (OSHA)
The Alcoholic Beverage Control (ABC)
The Department of Consumer Affairs (DCA)
The Division of Labor Standards Enforcement
Fines from these regulatory boards vary depending on the type and severity of the related offense and may be as high as $20,000 or more.
While that is a summary of the potential penalties, the emergency orders themselves can be somewhat confusing. We’ll explain them more in detail below.
However, if you are currently facing charges related to illegally opening your business during the COVID-19 pandemic, you should contact us immediately at 323-655-5700 so we can discuss the details of your case for free. Now more than ever, you need an experienced and trusted LA criminal defense attorney. William Kroger and the rest of our legal team here have a proven track record and are your best option for a successful defense.
The nationwide emergency orders specify certain businesses that are allowed to operate during the crisis, and the SAFER LA order is no different. Under the SAFER LA order, essential businesses in LA are allowed to operate, including:
Auto repair shops
Grocery stores, produce stands, convenience stores, and other similar stores
Laundromats and dry cleaners
Restaurants, but only for delivery, carryout, or outdoor seating
Agricultural operations, such as farming, livestock, and fishing
Gas stations
Hardware supply shops
Plumbers, electricians, carpenters, and other trade work
That is only a small number of the full amount of businesses and services which are considered essential. Refer to §5.7(vii) of Mayor Garcetti’s SAFER L.A. orderfor a complete list of essential businesses.
Remember that if you are allowed to operate, you still need to obey the established safety protocols or you may receive fines from regulatory boards like OSHA.
Since the penalties and punishments could come from multiple sources, we’ve broken them down into sections to better help you understand.
While there are no penalties specifically related to COVID-19, there are penalties related to violating emergency orders, such as the SAFER LA order.
Pursuant to both §8865 in the California Government Code and §8.77 of the Los Angeles Charter, if you open your business illegally in violation of the SAFER LA order, you could receive:
$1000 in fines
Up to 6 months in prison
Or, both fines and prison time
A related charge could potentially come from §8.78 of the Los Angeles Charter, which defines the punishments for violating a curfew imposed by an emergency order. If there is a curfew active in LA, or wherever your business operates, and you stay open past curfew, then you could face:
$1000 in fines
Up to 6 months in prison
Both fines and prison time
This charge is less common, but you should still be aware.
Due to the danger to the health and safety of workers during the COVID-19 pandemic, OSHA has also been authorized to hand out penalties for safety violations related to COVID-19. They have already begun delivering fines to businesses across the nation, often more than several thousand dollars.
One of the primary violations which you may face for opening your business illegally during COVID-19 is a violation of §5(a)(1) of the OSH Act of 1970, which is often called the “General Duty Clause.” It states:
“Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;”
OSHA regulations serve to protect the health and safety of workers. If you include any employees while conducting business illegally in Los Angeles against the SAFER LA order, you could receive a minimum fine of $5000 up to $70,000 per employee, as laid out by §17(a) of the OSH Act.
In addition to any OSHA fines, you could also receive fines from other agencies. The California Governor’s Office has authorized these agencies to enforce the emergency orders:
The Alcoholic Beverage Control (ABC)
The Department of Consumer Affairs (DCA)
The Division of Labor Standards Enforcement
While OSHA is handing out most of the fines, you could still be eligible to receive them from the above agencies should they decide it necessary.
This is a confusing and challenging time for everyone. Being faced with charges for opening your business illegally to try and make a living only adds more stress and burden.
We understand the serious impact these charges can have on your business and your life during this pandemic. If you are currently being faced with charges for violating the emergency order, we urge you to call us at 323-655-5700 as soon as possible for a free consultation. Our legal team here has a long track record for successful defenses, and William Kroger is a trusted LA criminal defense attorney with decades of experience.
The sooner you get in touch with us, the sooner we can begin preparing your defense against these charges.
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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