So the command to halt production in Fremont is a rough one. The “shelter in place” orders came from six Bay Area counties, including Alameda, home to Fremont. They command the closure of workplaces for the next three weeks, with exemptions for “essential” businesses, including first responders, police, court personnel, grocery stores, banks, and restaurants (which can only offer delivery or takeout).

For the most part, it’s up to businesses to determine if they’re essential. Tesla’s factory, which employs more than 10,000 people, doesn’t fit any of those categories. At a stretch, it might count among “gas stations and auto-supply, auto-repair, and related facilities,” but only if you’re more interested in the letter of the law than its spirit. And on this one, it’s the spirit that really counts. “Businesses are asked to comply,” says Shawn Wilson, chief of staff to Scott Haggerty, the Alameda County supervisor whose district includes Fremont. They decide whether or not they’re “essential.” And the order’s definition of essential activities—those “necessary for the health and safety for individuals and their families”—is so mushy, it doesn’t work if people look for loopholes. They have to take it seriously.

The Tesla Model Y, the newest addition to its lineup. Courtesy of Tesla

From his public statements, Musk doesn’t appear to take the pandemic too seriously. Over the past 10 days, he has taken to Twitter to say “coronavirus panic is dumb,” “fear is the mind-killer,” and “danger of panic still far exceeds danger of corona imo.” He’s used a story about having his case of malaria in 2000 misdiagnosed by doctors as reason to “take expert advice with a grain of salt,” and warned that “if we over-allocate medical resources to corona, it will come at expense of treating other illnesses.” (He did celebrate the cancellation of the Coachella music festival, complaining that “too much corporate sponsorship killed the vibe.”)

Last week, Musk told SpaceX employees that “the risk of death from C19 is vastly less than the risk of death from driving your car home,” according to Buzzfeed. Reuters reports that Musk told Tesla employees to stay home if they felt ill or uncomfortable, but that he would be at work on Tuesday.

Musk hasn’t said anything in public about the stay-at-home order, and Tesla spokespeople did not reply to questions about why the factory remained open Tuesday, whether it would pay workers who didn’t come in, or how the sheriff’s announcement that it’s not in fact essential will change its plans. Bloomberg reports that Tesla’s head of North American human resources told staff on Tuesday that because the US Department of Homeland Security considers manufacturing a “critical sector,” it could keep operating.

Failure to obey the stay-at-home directive is a misdemeanor under California law, punishable by a fine and imprisonment, Kelly says. Still, Musk has a long history of clashing with government bureaucrats, most recently the Securities and Exchange Commission, National Transportation Safety Board, and Occupational Safety and Health Administration. And so the sheriff might be in for a fight.

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