Navigating the rapid-fire issues created by the COVID-19 virus has been challenging at all levels of government. There have been discussions had at every level of government across the State about what can be done to balance not only the health and safety of our communities, but also the economic concerns directly caused by COVID-19. City attorneys and local leaders have been engaged in group calls to discuss the taking of actions that are not only consistent with existing law, but also consistent with what is being done in other communities. As evidenced by the actions taken by the South Dakota Legislature yesterday, there continues to be an effort to clarify and bolster the existing laws that allow the state, counties, and municipalities to take all steps necessary to confront emergency situations. Even though certain of the bills that were proposed did not pass, we believe that the existing law contained in SDCL 9-29-1 and SDCL 9-32-1, as well as Garretson’s ordinances addressing the public health, safety, and welfare, provide the City with the authority to enact the ordinance that it did at last night’s City Council meeting and to do so on an expedient basis. The action taken by the City Council is also consistent with the national and state declarations of emergency that were handed down in recent weeks, as well as the guidance issued by the Centers for Disease Control and local health authorities. The City Council has engaged in extensive discussion about how best to balance the issues and concerns currently confronting Garretson and the whole of Minnehaha County, particularly in light of the number of COVID-19 cases in Minnehaha County and the news from leaders in the health industry who advise that we have not yet seen the peak of these cases in South Dakota. There are no perfect answers or actions given the circumstances, and the Council Members recognize that they are taking action that affects their friends and neighbors. They are also hopeful that everyone in Garretson will take the steps recommended by the CDC to protect themselves and their neighbors from a virus that we are continuing to learn about every day. I think everyone’s hope at this time is that decisive action now, and not two weeks from now, will prevent further issues from developing and having an even greater negative impact on Garretson and all of South Dakota’s communities.
- City Attorney of Garretson, Meredith Moore, Cutler Law Firm
