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Two people arrested for violating Code Red business restrictions

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Police arrested two people on allegations they failed to comply with the requirements set by the government during the Governor’s declaration for COVID-19 enforcement.

This was confirmed by Capt. Lima Togia of the Department of Public Safety during the Task Force meeting via Zoom yesterday morning.

These are the first arrests for violations of the Code Red designation since Gov. Lemanu Peleti Mauga first issued it on Feb. 22, 2022.

In response to media questions during the Zoom conference, Togia explained that the two people police arrested are accused of operating businesses that do not fall under the “essential services” designation.

Togia didn’t specify whether the two people arrested are the business owners. He said police have already completed their investigation and the reports are now forwarded to the Attorney General’s office for prosecution.

Due to the High Court and District Court rules under Code Red, it’s not clear as of press time whether the two individuals are scheduled to appear in court for their initial appearances and whether they are in custody at all.

It’s also not clear at this time what charges the government is going to lodge against the two people. However, the charge of violating the State of Emergency declaration, a class A misdemeanor under A.S.A.C 13.0323, is punishable by imprisonment terms of up to one year, a fine of up to $1,000, or both.

Two weeks ago, Acting Chief Justice Fiti Sunia issued the following notice.

“Because of the public health concerns related to the COVID-19 pandemic and the Governor’s announcement raising American Samoa’s threat level to Code RED, which calls for the suspension of all ASG operations other than first responders and essential employees:

Effective immediately, all High Court and District Court facilities shall be closed to the public.

All High Court and District Court calendared matters are postponed pending further notice from the Court, except as follows:

1. Initial appearances for in-custody criminal matters before the District Court shall continue to be scheduled and heard. All such matters will be held at the High Court building. Initial appearances scheduled for February 23, 2022, are calendared to begin at 10:30 am tomorrow.

            a. the clerk’s window in the High Court building will remain open to accept filings between 7:30 am through 4:00 pm.

2.  Upon showing exceptional circumstances, a party may seek an exception to be heard by motion to the court in which the matter is pending.

3. The High Court building will be closed to the general public. Only named parties and their counsel for the above-referenced exceptions may enter the premises upon direction from the Marshal.

4. The mandatory mask policy is in effect. All individuals, including court personnel, are required to wear a mask at all times inside the High Court building.

This policy shall remain in effect until further notice.

Gov. Lemanu’s Code Red memorandum dated Mar. 1, states that as of Feb. 27, the COVID-19 risk level Code Red is extended to 12:01a.m on Mar. 8 due to the increase in transmission of COVID-19 within the community.

Samoa News also received reports from members of the community regarding other businesses considered “non-essential businesses” that are still operating despite restrictions from the government.

A senior police officer told Samoa News that people are reporting such illegal activities to the Department of Public Safety (DPS) and they are following all leads to make sure everyone is in compliance with the Governor’s declaration.

Attorney General Fainu'ulelei Falefatu Alailima Utu answered questions and briefed participants on the Code Red threat level that is in place, and the governor’s newest COVID-19 Emergency Declaration, which is effective now through Apr. 1.

Essential businesses, according to Fainu’ulelei are allowed to operate from 5a.m to 4p.m. and gave examples of “non-essential” businesses.”

He explained that “essential businesses” are those that address health, safety, and welfare of residents of the Territory and that it is important that these businesses continue in spite of the risk involved.

“Non-essential businesses” include, but are not limited to: outdoor and indoor organized sports; movie theaters; gyms and fitness centers; golf course; hair salons, barber shops, nail salons or services; commercial and personal recreational boating or charter fishing vessels; community swimming pool; commercial car or vehicle cleaning; bingo fundraising activities; roadside fundraising activities; car washes; and all public and private recreational facilities.

Fainu’ulelei also stated that the nightly curfew is from 9p.m each night until 4:30a.m. the next day.

“While the curfew is in effect, no person shall leave their home unless they are engaged in or traveling to or from an essential business or activity or they are engaged in the enforcement of this curfew,” he said.

Finally, all persons in public places shall observe social distance guidelines by maintaining six feet of physical distance from others, and wear a face mask or covering mask that covers their mouth and nose when interacting with anyone who does not live with them.

Fainu’ulelei further explained during the meeting that police officers are enforcing the declaration on businesses, while the Office of the Samoan Affairs enforces the curfew inside each village.

BACKGROUND

In May of 2020, three people were arrested and charged for failure to comply with COVID-19 requirements under the Code Blue threat level.

One of them was the owner of a beauty salon in Faleniu while the other two individuals were members of the community arrested from a volleyball court across from Lupelele Elementary.

A few months later, police arrested three more people — two bus drivers and a taxi driver for non-compliance with the Code Blue restrictions.

The bus drivers were accused and later convicted of operating their buses with more than 10 passengers inside their buses, while the taxi driver was accused and later convicted of operating his taxi beyond the time of the evening curfew — which was 5p.m.

All people convicted by the Court for violating COVID-19 requirements were ordered to pay $50.

Acting Associate Justice Elvis P. Patea who handled these cases at the time stated that this is the standard procedure the court is going to use in dealing with all the cases related to the COVID-19 enforcement when one comes to court.