A non-binding resolution presented by the Hot Springs County Commissioners at their September 15 meeting led to lengthy discussion and an eventual tabling of the resolution.
The resolution was to express the intent of the commissioners regarding the propriety and efficacy of county-level orders concerning the COVID-19 virus.
The resolution began by saying the they had considered the county level effects of government policies across the nation concerning the pandemic which virus policies themselves have “arguably resulted in social issues including: increased unemployment, business closures, suicides, poverty, domestic abuse, homelessness, and alcohol and drug abuse.”
It went on to say the “Constitution of the State of Wyoming, Article 1, Declaration of Rights, Section 38 (a) provides that: Each competent adult shall have the right to make his or her own health care decisions” and the commissioners, “upon their election to office, having sworn allegiance to the Constitutions of the United States of America and the State of Wyoming”, the board agrees that “competent adults in Hot Springs County Wyoming can and will make virus-related health care decisions for themselves and their families.”
The resolution stated “having duly met at a regular meeting and considered the matter, for the aforesaid reasons, and in order to notify the public of its intent to refrain from any County-level virus-related mandate concerning individual health care decisions, including but not limited to mandatory mask requirements, mandatory contact tracing and mandatory social distancing, it is hereby resolved unanimously that the Hot Springs County Board of Commissioners hereby expresses that it is the intent of this Board to both encourage the public to make appropriate virus-related health care decisions for themselves and their families pursuant to the Wyoming Constitution, and to refrain from any County-level virus-related mandates concerning individual health care decisions.”
The resolution was to be sent to Governor Mark Gordon’s desk in an attempt to get him to further loosen mandates regarding the virus within the state.
“I don’t think the commissioners have much authority to tell the state what to do,” commissioner Tom Ryan said. “A big concern for all of this was that we’ve been at this seven months. It was an emergency early on, now I’m not sure we’re still in an emergency situation and I don’t feel we’ve had an opportunity for discussion.
“Usually there’s discussion at various levels. This has had ramifications for our lives and our livelihoods, and that (discussion) hasn’t really happened yet. Maybe we can start this discussion.
“I don’t think this is going to have any impact locally, but hope it will get to the governor’s desk and have the right discussions.”
Commissioner Jack Baird added, “Its not that our county is not going normally, but it could be back to more normal. I know we have absolutely no effect on the schools, but Barb (Rice) was just here telling us the kids aren’t getting their social stuff at school, so the kids are getting in more trouble.
“They’re still going to socialize. As a community we’re still going to socialize. I’ve always thought the government has overstepped their bounds.”
“I just don’t think we’ve had any real discussion as a commission, as a legislature,” Ryan said. “What’s the exit strategy? Does COVID have to be completely gone? How long? At what point do we have that discussion?”
County Health Officer, Dr. Vernon Miller said, “I’m a little curious as to what it is that the orders are precluding us from doing and what do we get out of saying we’re not going to follow the orders?”
“I don’t read it to be we’re not going to follow the orders,” Ryan replied, “we don’t have that authority. Is it going to be when we don’t have to wear a mask? I don’t know what the answer is to that.
“I know there’s a large part of the population that wants the masks to go away, put the tables back in the restaurants and let them sit there. Seems like people are traveling. Its not like we’re not being exposed already.”
Public Health Director Tricia McPhie said, “What we’re doing is working fairly well. Wyoming has been one of the loosest as far as orders are concerned. We’re keeping businesses open and schools are open. We’re trying to find the balance of the least restrictive orders to keep things functioning or as open as possible, to have activities.
“I think we’ve tried to be proactive to those who have questions. Dr. Miller can review any questions before being sent to the state for approval. It its wearing a mask to keep that all open, what’s the issue? If it’s a non-binding contract, people aren’t going to understand that this doesn’t supersede the state orders.
“I’m looking for this to get to the governor’s desk,” Ryan said. “One county is looking for a variance for their whole county. How long do you go without a case before you open up?”
“John’s Hopkin’s website is the best place to view the cases and what’s going on,” Miller said. “I do hear you, how long does this go on? We don’t have many cases, when will it all end? Masks alone are not a panacea. A vaccine is the only thing that will stop it.
“I don’t like wearing a mask any more than you do. I don’t like avoiding crowds or restaurants any more than you do. We’ve done well because we’re socially distanced, just because of the way we live.
“I think people care about their community members and they respect that. I think we’re at the end of the first wave. The regular flu is just around the corner and a second wave will come, too. Once we have a widely distributed vaccine and people that are willing to take it, there may be a little delay for that. I think first of the year there will be a vaccine.
“Businesses are not as open as we’d like them to be, but I think the governor and Dr. Harrist have been very thoughtful about all of this. I trust our local people from the governor down to open things in the right way. If we open too fast we could end up losing being able to keep schools open, sports going on.
“I think we’re all just tired of it. We still don’t know enough about this virus to be able to say how long it lasts, how long are the aftereffects going to last? A lot of people have a tendency to have these symptoms for a very long time.
“I just don’t think we know enough yet. As soon as we do, I’ll be right back here to tell you we can do it. I think we need to do our absolute best to do what is safest when it comes to variances. I don’t like it any better than you guys do and I wish it were over too.
“This gives people the impression we can ignore the state orders when in fact, we can’t. We shouldn’t give the people the thought that the state isn’t to be trusted. We need to work out what is best for the people of Wyoming and this definitely doesn’t give that impression.”
Public Health Response Coordinator Mary Gordon agreed. “This gives the impression you can just ignore what the science says. Just because we’re not seeing the big numbers here doesn’t mean this isn’t going on in huge numbers in other places in our country and the world.”
“It hasn’t effected us much here, personally,” Miller said, “but it does strike home and we don’t want it to do that. We’ve done so well so far I’d hate to see us ease up on it. I guarantee you we’ll continue to use local data that will let us keep things as open as possible.”
“If we don’t have any county level virus mandates, what message is this sending the public,” Emergency Management Coordinator Bill Gordon added. “We are now closing in on 200,000 deaths. Its all a matter of perceptions and getting the proper information to them so they can protect themselves - the science base information.
“We’ve been told from the beginning we could have a second wave in the fall as the weather cools and people move back indoors, and if we do, scientists have said it could be worse than the first wave.
“If we do this (the resolution), its going to tell people they don’t have to do anything anymore.”
“I’m sorry, what’s been done is flat unconstitutional,” commissioner Baird said. “I think this should be in every newspaper we can get it in. If there’s more restrictions, I’d say in a heartbeat to stand up for your constitutional rights.”
At this point, the commissioners agreed to table the resolution.
“You have really gone to bat for us in Hot Springs County,” chairman Phil Scheel said. “I don’t want you to think we don’t feel you’re doing your job. This document is just to let the public know we are adults and we have rights to make our own decisions as grown-ups. It could be slightly mixed messaging, so this may not be the right time to release this specific document.”
Dr. Miller told the commissioners he will continue to be there for them if there is anything he can do to help.
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