I’m normally a fan of writing by Reason writer Eric Boehm. On his latest post, I’m not.
He writes:
In Wisconsin, where the state Supreme Court last week struck down a statewide stay-at-home order, counties are lifting their own lockdown orders due to “mounting confusion” over their legality. But the bigger question, again, might be their enforcability. I’ve seen a lot of coverage of Wisconsinites heading to bars in the wake of the Supreme Court ruling; I haven’t seen much evidence that people are getting arrested for violating local shutdown orders.
He writes this to buttress his overall point that compliance with the lockdown orders is largely voluntary. He writes:
The government’s role in all of this has always been more limited than either the bureaucrats drafting stay-at-home orders imagine or the protesters shouting about tyranny fear. Since forcibly quarantining 330 million people was never really possible, the lockdowns that have wrecked the economy and slowed the spread of COVID-19 over the past two months were ultimately based on voluntary compliance.
No, they’re not based on voluntary compliance, unless you stretch the word “voluntary.” They’re based on fear. And the Wisconsin paragraph at the top makes the point that it’s not. When did Wisconsinites head to bars? When they opened. And why did they open? Because the Supreme Court struck down the lockdown order. The vast majority of them were not open before. (Nothing in this post is meant to imply that it’s a good idea to mill in close quarters in bars. I would be nervous about doing so.)
Boehm is absolutely right that mass civil disobedience would badly undercut the lockdown orders, making it hard to enforce. But that doesn’t mean that everyone would engage in civil disobedience. A large number of people would not.
I talked to a woman, a hairdresser who owns her own business, who was at the first anti-lockdown demonstration I helped organize. I offered to give her a few hundred dollars and she accepted. Along the way, though, I asked her if she thought she couldn’t get her most loyal customers to come in, ignore the order, and practice social distancing. She wouldn’t be comfortable doing it, she said. She didn’t want to be a law breaker. Maybe Eric Boehm would say that she’s voluntarily complying. I don’t think of it that way. She’s looking at the law and getting somewhat afraid to break the law.
I talked to another hairdresser who opened for a day until the cops came around. That was enough to scare her for a few days. I don’t know if she tried again.
In April, my own hairdresser canceled my late April haircut and rescheduled for mid-May. In early May, we talked on the phone about how we would proceed. I would wear a mask and so would she. While washing my hair at the start, she would have me hold the mask on with my hands. We agreed. The point is that she was ready and I was ready to take reasonable risks.
But a few days after that, our local health official extended the local lockdown through May. She then called to propose a date in June. This time I asked her if she would be willing to open up for me. She wasn’t. She said she feared losing her license.
I wondered how general this was in my town of Pacific Grove. So I called the head of the local Chamber of Commerce, whom I’ve gotten to know over the years when I give speeches to the local Rotary Club. I asked him if he knew many businesses that were willing to open despite the lockdown. He told me he had talked to many and that they would open if it were legal but were very afraid to do so while the lockdown order is in place.
The bottom line: The fact that you observe lots of people breaking the law doesn’t mean there aren’t an even greater number of people who are afraid of breaking the law or who don’t want to see themselves as lawbreakers. The lockdowns are having real effects.
READER COMMENTS
JFA
May 18 2020 at 7:54pm
Speaking of voluntary compliance, here’s this about the DC enforcement of its stay at home order: “The city has taken a soft approach to dealing with social distancing scofflaws, aiming to issue citations or make arrests only as a last resort. ‘The goal is to obtain voluntary compliance,’ a police spokeswoman said.” Quite the example of doublespeak.
https://www.google.com/amp/s/www.washingtonpost.com/local/public-safety/as-stay-at-home-order-is-extended-dc-police-say-enforcing-social-distancing-can-be-a-struggle/2020/05/15/dd798fac-93ba-11ea-91d7-cf4423d47683_story.html%3FoutputType%3Damp
Greg G
May 19 2020 at 7:58am
Yes, the lockdowns are having real effects. But let’s not make the mistake of thinking that those real effects are limited to changing people’s behavior only because they either fear the penalties and/or stigma of breaking the law or they don’t fear those things.
One of the main effects of the lockdowns has been on the decision processes of the individuals accessing their own beliefs about the health risks of catching the virus both to themselves and others they care about. Many people, who would be happy to defy the lockdowns if they thought the risk of catching the virus was low, have been convinced by the lockdowns (correctly in my opinion) that the risk from the virus is higher than they had realized pre-lockdown.
When the spread of a virus is in the stage of exponential growth things can go in a very short time from most people not knowing anyone with the virus to having it all around them in their community. The lockdowns were effective in making many people aware of this in a way that a few more public warnings simply wouldn’t have been.
David Henderson
May 19 2020 at 9:25am
I agree that we shouldn’t make that mistake.
And you probably noticed that I didn’t. My examples are all of people who want to go back to work.
Greg G
May 19 2020 at 11:13am
Yes, David I did notice that all your examples involved people who wanted to go back to work despite an awareness of the lockdowns. Now that we have unused hospital capacity almost everywhere I am inclined to agree that those people should be allowed to be go back to work if they are comfortable with the risks.
Even so the risks and trade offs here are very complex even in an analysis that only considers libertarian concerns. Near us a barber who was continuing to cut hair in his home in defiance of the lockdown was just diagnosed with the virus. Those customers who got it from him had chosen to take that risk voluntarily. Not necessarily so for those they passed it on to. Especially in light of the fact that group (lockdown opponents) tend to take the need for masking and social distancing less seriously than most people in most cases or they wouldn’t be out defying the lockdown in the first place.
Alan Goldhammer
May 19 2020 at 9:06am
David, you can have the hair stylist come to your home for a haircut. This is what some of them are doing here in our area. One that we know well brings her own equipment and materials and always has a mask and gloves on. She did seven friends of ours who live in a condo not far from us.
I have no problems with this approach as it doesn’t violate any of the county quarantine ‘rules.’
David Henderson
May 19 2020 at 9:24am
She said no.
Thomas Hutcheson
May 19 2020 at 11:38am
But decisions about mandatory policies and their relaxation need to take account of the marginal effect. One definitely hears of businesses that remain open (doctors offices, for example) that have seen a fall in demand due to voluntary reactions to messaging (much of it misdirected) about risks.
One of the fundamental errors in the epidemiological models was not building in endogenous effects on behavior of disease progression.
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