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.
This temporary ordinance utilizes guidelines to limit patrons to 10 or less in enclosed businesses during this health crisis, and places legal consequences on business owners who do not follow those guidelines. In Garretson, the ordinance will be enforced by the Minnehaha County Sheriff’s office.
The goal is to discourage people from traveling to towns that do not implement the guidelines, thereby spreading the virus.
The recommendations of the Executive Order made it clear that expectations of following CDC guidelines were important, such as limiting gatherings to 10 or fewer people, frequent handwashing, social distancing of at least 6 feet, knowing the symptoms of COVID-19, and isolating oneself completely upon the onset of symptoms.
While information is still being learned about the virus, some studies have shown that the virus can be disseminated up to 15 feet away, and that it lives on plastic and steel surfaces for up to three days. A person can also be without symptoms and be highly contagious, increasing the likelihood that they will spread it unknowingly. These studies have often challenged recommendations, though the CDC has not changed most of them since they were initially released.
While limiting patrons in businesses to 10 persons will not stop the virus in its tracks, it does reduce the likelihood of it spreading so quickly that treatment needs outstrip the resources of local clinics and hospitals.
The Executive Order signed by Noem also made it clear that combating the virus was not going to be a short-term issue. This is partly why it has made recommendations of fully shutting down businesses very difficult, especially as many jobs are at stake and the economy has suffered. However, the governor has highly encouraged all businesses to consider different methods of accomplishing the business’ goals in order to help flatten the curve and not overwhelm the healthcare system.
As of 12 p.m. on Tuesday, March 31, 108 people were confirmed to have the virus, and 44 people have recovered. Substantial community spread has now been found in Minnehaha County and Beadle County. Minnehaha County currently has the highest number of cases in the state. The number of actual cases is likely much higher, but because of the lack of available testing, cannot be confirmed.
This has made the actions of the Garretson City Council even more pertinent. On Wednesday, March 25, the council discussed and passed Resolution 2020-10, which closely echoed the Executive Order. It encouraged businesses to pursue telework options, limit travel, and limit or eliminate gatherings.
On Monday, they returned to the Issue with Ordinance 655, which made the limit of 10 persons enforceable by law. This includes the inside of the establishment, as well as outdoor patios and parking lots, but does not include employees or owners of the business. A violation not only comes with the $100 fine, but it threatens the business’ license renewal.
The ordinance does not pertain to food markets (including the food pantry), hardware or supply stores, crisis centers, or official government meetings.
The businesses that will be most impacted by this temporary ordinance will be the Sports Cabin, The Gulch, Palisades Kitchen, O So Good, and The Exercise Place. The Treasure Chest has closed temporarily while the crisis passes.
The resolution did acknowledge that this is a very fluid situation, and that changes or modifications would be needed down the line if required. The ordinance is temporary, though the Council may revisit it at any time as the crisis continues (or terminate it immediately once the threat has passed). Currently, it is set to end on April 8, but it will be on the agenda for the April 6 meeting.
“We obviously do not want to extend this any longer than possible,” said Mayor Beaner during the Monday meeting.
The resolution encouraged businesses to work with City officials to implement the guidelines with as little effect to the economic impacts as possible.
However, at no point do either the resolution or ordinance effectively close any business in Garretson.
“I think if people are responsible, and follow stuff, we may not have to go further,” said Mayor Beaner at last Wednesday’s meeting. “But, if we do have to go further, there has been precedent set even all the way up to closing businesses, and maybe just limiting the amount of people we can have with that.”
“This resolution is just strongly urging businesses to voluntarily comply with those standards,” replied council member Bill Hoskins. The rest of the council was in agreement with that, noting that it was important not to have government overstep its boundaries.
Local business owner Ernie Smith was also in agreement about the resolution. “I have no problem going forward with it,” he said. “It’s the situation that we’re in. I obviously want to do everything I can to get rid of this stuff.”
During the Wednesday meeting, Mayor Beaner asked the council if any changes should be made if substantial community spread was found within Garretson city limits. There was discussion of creating a local health board versus following the recommendations of the Sioux Falls health board, but no agreements were decided upon. The council agreed at that time to have Mayor Beaner update them after the Sioux Falls health board meeting on Thursday and the Mayor’s Council meeting on Friday. Both of those meetings passed the recommendation of the 10-person limit.
At the Wednesday meeting, the council also discussed the possibility of creating a fund to help local community members who may be in a bind, similar to the One Sioux Falls fund that has been established to help with rent, natural gas, and other expenses that may not otherwise be deferred or taken care of by the food pantry. Council member Richelle Hofer noted that Grow Garretson could help with this effort, but that certain legalities would need to be clarified with the City’s attorney first. The topic was not brought up at the Monday meeting.
On Monday, the council also voted to postpone elections to June 2, which effectively extends the legislative year for the Garretson City Council. Four candidates are running for two seats for Ward 3. All other open seats were uncontested.
All future meetings for the City Council will be held on Zoom until further notice. Look to the City website or to the Gazette website for details on how to join the meetings.
