Local Oregon leaders grapple with latest COVID-19 restrictions

Published 11:35 am Sunday, November 22, 2020

Gov. Kate Brown has imposed a new round of statewide restrictions on businesses and social gatherings — just in time for Thanksgiving.

The emergency orders, intended to slow the spread of the coronavirus pandemic, include limiting gatherings to six people even in private homes. In an interview Friday with KGW, Brown said people should respond to the flouting of the official constraints in the same way they would “if there’s a party down the street and it’s keeping everyone awake. What do neighbors do? They call law enforcement because it’s too noisy. This is just like that. It’s like a violation of a noise ordinance.”

But Oregon’s sheriffs and other local officials are struggling to figure out how to enforce the orders — or whether they should enforce them at all — as the deadly virus rages through their communities. A few sheriffs and police chiefs have said they will disregard the orders and not make arrests or otherwise seek to punish people.

The Bulletin reported over the weekend that Crook County Sheriff John Gautney asked Brown to lift her restrictions in his county and allow residents to celebrate Thanksgiving as they choose.

Despite the pushback from various local officials throughout the state, Brown has not wavered in her commitment to the emergency orders. “My top priority as governor is to keep Oregonians healthy and safe,” she said Friday, adding, “We continue to make decisions based on science and data.”

Penalties for ignoring the restrictions could range from a fine of up to $1,250 to 30 days in jail. The orders will last until at least Dec. 2.

Below are the responses of leaders in a few of Oregon’s 36 counties.

Baker County

Baker City Police Chief Ray Duman told the Baker City Herald that if he received reports of residents disregarding the emergency orders, “we will deal with it situationally.” That might include sending a report to the district attorney’s office, but it’s more likely to be limited to officers educating people “to use good judgment. … We want people to be safe.”

Baker County’s three commissioners were among more than 50 officials throughout the state who signed a Wednesday letter to the governor that says a “one-size-fits-all approach … does not work any longer.” The letter calls for restaurants, bars, schools and “religious institutions” to be allowed to remain open and fully operational.

Clackamas County

County Commissioner Tootie Smith gained national attention for saying she will hold a large Thanksgiving celebration with “as many family and friends” as possible, despite the governor’s orders.

“We are adults. We do not need to be treated like second-rate slaves,” she said on Fox News.

The county has not addressed Smith’s comments, and the sheriff’s office has not commented on enforcement. The county website reiterates the state’s recommendations, stating: “We want to emphasize the importance of everyone continuing to protect the health of our community by following public-health guidelines. Stay home, be well and stay connected. Together we are flattening the curve.”

Deschutes County

County Commissioners Phil Henderson and Patti Adair recently expressed frustration that the governor instituted the restrictions without consulting the county.

“Nobody asked us,” Adair said. “The governor wasn’t even on our call … when all the commissioners were furious that she made this a blanket shutdown for our state.”

She added: “People are getting tired of the message, and you only get to live once.”

Sheriff’s officials in Deschutes and Jefferson counties said they will continue to enforce the governor’s orders through education before issuing citations, according to the earlier Bulletin report.

Douglas County

The Douglas County Commission has expressed concern about the “socio-economic damage being done” by the governor’s emergency orders.

“We do not support county ‘enforcement’ of State-issued COVID guidelines,” the three commissioners said in a statement Thursday. “Instead, as the local public health authority, we feel it is paramount for State officials to provide easy-to-understand, timely access to the latest information, resources and medical guidance in order to educate residents about COVID that allows them to make informed, responsible decisions. We feel that most people will do the right thing, if given the opportunity and knowledge to do so. We cannot in good conscience condone citing or potentially arresting people for gathering with family to give thanks on Thanksgiving or for attending Church services.”

Commissioners Chris Boice, Tim Freeman and Tom Kress added that the governor “should not question our ability to meet the needs of our constituents, instead they should support and coordinate with the Commissioners in each of our Counties. … While we have seen a rise in COVID-19 cases, we have also seen businesses close, with undoubtedly more to come. We have seen families suffer, and now more so at a time when they should be coming together for the holidays. We see children struggle as they want and need to be back in school. The list goes on and on, (and) we fear that with this new shutdown and the coming metrics to follow, that those unintended consequences will continue to rise. Our communities can’t bear much more.”

Josephine County

County commissioners are not happy about the governor’s mandate, Grants Pass Daily Courier editor Scott Stoddard has reported.

The commission passed a resolution stating that “persons and entities, including medical providers, within Josephine County are not subject to findings of negligence-per-se on the sole basis of having engaged in activities that are inconsistent with executive orders related to the Coronavirus.”

Linn County

“The Linn County Sheriff’s Office decided back in April that we would not do criminal enforcement on COVID-19 measures,” Sheriff Jim Yon and county District Attorney Doug Merteeny said in a statement released Thursday. “Our role in the community is not to count how many people are at a residence or how an individual business conducts its affairs. We definitely do not interfere with religious organizations. We are going to continue to educate citizens, as needed, and that is where we will stop. We trust citizens to assess risk and take precautions as appropriate given their individual circumstances.”

Lebanon Mayor Paul Aziz said on Facebook that Brown “has acted beyond her authority. … These actions have been devastating to our community financially and on our citizens’ mental health.”

He added: “One of the most surprising comments that the Governor made was, “I am not asking you, I am telling you.” She also has said that she is working with the Oregon State Police who will be working with local law enforcement to enforce her orders.

“I have talked with our City Manager, City Attorney and our Chief of Police and the City of Lebanon will not be citing or arresting anyone for violation of the Governor’s orders. Those rules or orders should be enforced by the Governor’s agency, the Oregon State Police, OSHA and other agencies.

“Our Police will respond to complaints on the rules/orders, but just like before, there will be no citations or arrests. Education on the rules will be given by our officers, but no action will be taken under normal circumstances.

“We need to be treated like adults, and allowed to make decisions to protect ourselves, family and neighbors. Being safe, social distancing and wearing a mask are all important practices to try and keep this pandemic in check.

Marion County

Like in Linn County, the Marion County sheriff does not plan on making arrests to bring about compliance with the governor’s emergency orders.

“We recognize that we cannot arrest or enforce our way out of the pandemic, and we believe both are counterproductive to public health goals,” the Marion County Sheriff’s Office said Friday in a statement. “We can work together in following these recommendations to make our communities a safer and healthier place. If you find yourself at a location where you are uncomfortable with the situation, we recommend you remove yourself from that area or situation.”

The sheriff’s office emphasized that its role will be one of “communication and continued education.” It recommended that members of the public report workplace and restaurant/bar violations of the governor’s orders not to the sheriff but to the federal Occupational Safety and Health Administration or the Oregon Liquor Control Commission.

Multnomah County

Officials from Oregon’s population center have embraced Brown’s emergency restrictions.

“Multnomah County residents should expect to stay home for at least the next four weeks,” Multnomah County Chair Deborah Kafoury said in a recent statement.

Kafoury added: “Four weeks of full community cooperation is our best chance to turn this tide and ultimately save lives, protect our hospital capacity and support our essential workers. With surges also occurring in neighboring states and across the country, there will be no outside help. We must take aggressive action now to save lives among our local residents.”

The United States’ top infectious diseases expert says he’s worried that crowding at U.S. airports from Thanksgiving travel could lead to a perilous situation as COVID-19 cases surge.

Dr. Anthony Fauci told CBS’ “Face the Nation” on Sunday that the “people at airports” despite federal guidance to avoid travel “are going to get us into even more trouble than we’re in right now.”

He noted that new COVID-19 cases from Thanksgiving won’t become evident till weeks later, making it “very difficult” as the virus spirals out of control heading into colder weather and the December holiday season.

Fauci said a substantial portion of people being hospitalized for the virus are now between the ages of 40 and 59, as well as the elderly and vulnerable.

He stressed that vaccines should become available in the coming months, but said Americans will need to “hang in there” in the meantime by taking precautions to stem the spread. That includes limiting holiday gatherings to people in the same household if possible, wearing masks, socially distancing and washing hands.

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