Editor’s Note: This article is updated and modified from the one originally posted on the Gazette website on Thursday, March 26, to include information and details from the March 30 council meeting.
On Wednesday, March 25 and again on Monday, March 30, the Garretson City Council held an emergency council meeting to discuss the impact of the novel coronavirus, SARS-CoV-2 that causes the respiratory disease COVID-19, on the community of Garretson. Initially, the council passed a resolution to hold the City of Garretson to the guidelines outlined by the CDC. The follow-up meeting on Monday passed guidelines as an ordinance enforceable by law, implementing a $100 fine for violations. The council also voted to postpone elections from the original April 14 date to June 2, citing public health concerns.
Last week Monday, March 23, Governor Kristi Noem signed an Executive Order that, in essence, gave several suggestions for individuals and businesses to follow as part of combating the new virus, and also made violation of those suggestions a Class 2 misdemeanor.
However, she left it up to the municipalities as to whether those suggestions be implemented and enforced.
Mayor Greg Beaner met with regional mayors, as well as Mayor Paul TenHaken of Sioux Falls, prior to the release of the Executive Order.
Mayor TenHaken had concerns about the legality of shutting down businesses and establishments by local municipalities, as a business that felt it was unfairly shut down by a City could theoretically sue the City. Since Governor Noem did not issue a statewide mandate and the legislature did not pass a bill that would have confirmed local municipalities’ abilities to order a shutdown, this has left that option open.
Mayor Beaner stated within the Wednesday meeting that even attorneys were not certain of the legality of municipalities shutting down businesses in the wake of a public health crisis, and that there was plenty of disagreement among them.
An ordinance was written up by Garretson City Attorney Meredith Moore of Cutler Law Firm after the emergency Garretson City Council meeting last Wednesday that cited SDCL 9-29-1 and SDCL 9-32-1, which applies to public health and safety, allowing the council to pass the ordinance after one reading, instead of two. On Monday, March 30, the Garretson City Council passed the ordinance.
Moore wrote in a statement to the Gazette, “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.”
Similar ordinances were agreed upon and passed by Sioux Falls City Council and the Minnehaha County commissioners during their emergency meetings last week Thursday and Friday. Brandon was expected to pass theirs at their March 30 meeting.
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