CMPD issues first charge for violating stay-at-home order. 311 flooded with calls.
A Charlotte business manager has been charged with violating the state’s stay-at-home order, the first charge that Charlotte-Mecklenburg Police have made related to a COVID-19 order.
Meanwhile, hundreds of calls flooded into CharMeck 311 in a 10-day period last month regarding the novel coronavirus, an Observer review of 311 records shows.
Gov. Roy Cooper’s 30-day stay-at-home order went into effect at 5 p.m. Monday, banning gatherings of more than 10 people and closing businesses that would bring groups of people together. Cooper had also ordered some businesses to close by March 25 including gyms, movie theaters and salons.
CMPD said that following a community tip on Wednesday, officers contacted the owner of Cool Cave Day Spa on Monroe Road and informed them they were in violation of the state Stay-At-Home Order.
“Officers conducted a follow-up investigation several hours later and determined that the business was still operating as a massage and day spa,” police said in a news release.
CMPD officers returned to the business Thursday and “based on evidence and their observations, determined that the business was continuing to operate as a massage and day spa,” the release said.
According to officials, on-duty manager of Cool Cave Day Spa Cheree-Alexia Hercule, 28, was cited for violating emergency prohibitions and restrictions, which is a Class 2 misdemeanor. According to state statute, residents can be fined up to $1,000 and face up to 60 days in jail.
The spa opened in 2015 and Kimberly Weatherell of Charlotte is listed as president in North Carolina business registration records.
On Wednesday, CMPD Deputy Chief Jeff Estes said the department generally has seen “good compliance with citizens and businesses.”
“If we get repeated violations or we go out to a place that for whatever reason refuses to shut down... we would escalate the situation up accordingly, just like we do with other regulatory crimes,” Estes said.
CMPD has emphasized that the department encourages voluntary compliance and enforcement actions are a “last resort.”
CMPD officials have said they are not intending to stop drivers to ask where they are going, and are mainly following complaints that are submitted online or through 311.
Compliance needed
CMPD Deputy Chief Jeff Estes, speaking at a Friday press conference, said he doesn’t expect Thursday’s citation to be the last one officers write.
Police are have ongoing discussions with many businesses, he said, including retailers who want to question if they are supposed to remain open or not.
Estes said some people and businesses are reading into the “gray areas” of the order to allow themselves to do what they know is non-essential, such as a business staying open because they sell chips and water.
“If you haven’t taken it seriously, now is the time,” he said.
Estes said 311 is the main way for the public to report violations of the stay-at-home order. He said the call-takers screen the complaint for its legitimacy before it’s routed to the police for further investigation. The department prioritizes the response based on the severity of the complaint.
Estes said a phone call or visit to a business usually handles it. “Today’s compliance will determine the future restrictions for tomorrow,” Estes said.
311 calls
From March 21 to March 30, when North Carolina’s COVID-19 cases jumped from 250 to more than 1,300, CharMeck 311 received 610 virus-related calls, according to data collected by The Charlotte Observer.
Most of the calls targeted businesses, followed by residential properties and open areas, such as parks. A few callers complained of crowds at churches, the data shows.
Complaints to 311 peaked March 26 when Mecklenburg County’s “stay at home” order went into effect and half of all complaints concerned a violation of the order. Other calls concerned public gatherings. A few were about price gouging.
More than 150 stay-at-home complaints targeted businesses, according to the Observer analysis, including car dealerships, car washes, restaurants and shopping centers. A few were aimed at tobacco and smoke shops, data show.
In fact, no other business or residence had more complaint calls than High Life smoke shop off Central Avenue. Fourteen callers from March 26 to March 29 complained about crowds at the shop.
A worker who answered the phone Friday referred comments to the owner, whom he declined to identify.
High Life Smoke Shop has been open since 2010 and has more than 20 locations throughout the Carolinas, according to the company’s Facebook page.
This story was originally published April 3, 2020 at 1:53 PM with the headline "CMPD issues first charge for violating stay-at-home order. 311 flooded with calls.."
