Birding during a stay at home order?

Legality versus morality

A friendly "Is it Legal?" versus "Is it Moral?" discussion often will reveal similarities and differences among us. A congruence of ethics and laws is possible. Most people agree that murder is illegal and immoral while helping someone is legal and moral. The possibilities of illegal and moral or legal and immoral shed insight however.

I have friends that don't speed, yet many are okay driving over the speed limit.  This act is illegal and morally accepted by the masses. For the individuals that are law abiding, I doubt even they keep track of internet purchases that collect and don't collect sales tax to report on their annual tax forms. Current state level reforms on marijuana are following historical laws on "Medical Liquor" during prohibition. Some have predicted that federal law on this topic will reform, especially with the amount of research focused on addictive qualities of drugs, social norms, and individual of physical characteristics.  All of these are fascinating topics for public policy but I digress.

The combination of legal and immoral actions yields a set of interesting perspectives as well as examples. Killing a person during time of war is not something I would want to impose on anyone, yet it is legal. Breaking a promise or a contract is an optimal strategy in some cases, yet the value of your word likely will not mean anything for those that can remember or research an individual. I wonder how often people that own a casino, sell alcohol or tobacco, or sell guns wonder about the lives that their establishment have destroyed.  Cheating on a spouse, usury and payday loans, and using abortion as birth control are other examples. I offer no insight into topics that likely will garner response from thousands or millions, but instead pick a topic with a smaller base.

Before you read my thoughts about birding in today's environment; answer two questions for me.
1. Do you break promises made to friends?
2. Do your friends break promises made to you?

So should you go birding during stay-at-home and social distancing orders?

Male Surf Scoter (left) with Ruddy Ducks at Lone Star Lake in Douglas County Kansas

The stay at home order in Kansas issued over a week ago and in place for a week now. It seems some use the socially distancing in nature exception as reason to drive and actively bird away from home. Some states with stay at home orders have stricter rules, some states just recently imposed them and were hesitant of the restriction, and some states still haven't taken any action.  I hope the future deaths, number of illnesses, and effects on everyone's lives is minimal such that a debate over the appropriate response is possible in the future.

I believe it is in the best interest of public health (the benefit of society) if everyone stays at home if possible and am wary that localized lock downs might occur. I also realize the risk to the individual, to ones family, and to others is minimal as long as other guidelines are followed. The risks increase as less people adhere to the stay at home order though. Tragedy of the commons is a problem that most contribute to and don't feel the consequences from their decisions.

I fear the "it is legal" response justifying these actions are individuals that also turn a blind eye to the negative effects their actions have on others. So I went out last week, the last possible date where I didn't have to explain a caveat to justify my nonessential travel.  I knew in my heart it wasn't the moral thing to do. We stayed in the car the entire time and the only interaction was carryout pizza. Our first food away from home in three weeks as well. It was wonderful yet seriously disturbing.

We saw the lake full of people fishing. I wonder how far they drove to get there. I wonder if they have the opportunity to stay at home in the future or if this was their normal weekend activity. I wonder if they will follow the orders anyways. The intent of these orders is to stop the spread of the virus. Using legality and caveats to justify your getting out causes concern for me.  Does it for you?

Back to those two questions.  I doubt many want to be the disappointed person that has friends break their promises yet justifies when they need to break promises themselves. Why is this any different?