% >> SINCE WISCONSIN'S "SAFER AT
% HOME" ORDER WAS CHALLENGED BY
% REPUBLICANS AND STRUCK DOWN BY
% THE STATE SUPREME COURT, LOCAL
% HEALTH ORDERS WERE TO HAVE BEEN
% THE REPLACEMENT.
% BUT WINNEBAGO COUNTY EXECUTIVE
% MARK HARRIS SAYS WE'VE RUN INTO
% SIGNIFICANT OPPOSITION FROM THE
% LOCAL CHAMBER OF CONGRESS, THE
% LOCAL REPUBLICAN PARTY AND
% COMMUNITY MEMBERS THAT DON'T
% BELIEVE THE HEALTH OFFICERS
% SHOULD HAVE ANY ENFORCEMENT
% POWERS.
% MARK HARRIS JOINS US THIS WEEK
% AND THANKS VERY MUCH FOR BEING
% HERE.
% >> THANKS FOR HAVING ME ON,
% FREDERICA.
% >> SO YOU HAVE SEEN HOW DANE
% COUNTY HAS IMPOSED AND MILWAUKEE
% COUNTY IS LOOKING AT IMPOSING
% MANDATES ON MASK WEARING, IN
% ADDITION TO OTHER DISTANCING AND
% CAPACITY ORDERS.
% WOULD YOU LIKE TO BE ABLE TO
% IMPOSE THOSE SAME KINDS OF
% HEALTH ORDERS IN YOUR COUNTY?
% >> WE HAVE NO PRESSING NEED TO
% DO ANY SORT OF ORDER AT THIS
% POINT IN TIME.
% BUT WHAT WE DISCOVERED IS THAT
% OUR CODE WON'T SUPPORT
% ENFORCEMENT OF ANY ORDER.
% SO YOU'VE GOT THIS SITUATION
% WHERE THE STATE LEGISLATURE,
% THROUGH THE SENATE LEADER,
% MR. FITZGERALD, IS SAYING WE
% WILL NOT TAKE ANY ACTION WITH
% REGARD TO COVID-19.
% WE'LL RELY ON THE LOCAL HEALTH
% OFFICERS.
% BUT NEARLY ALL THE COUNTIES HAVE
% HEALTH OFFICERS WHO CLEARLY HAVE
% THE AUTHORITY TO GIVE HEALTH
% ORDERS, BUT THAT DON'T HAVE
% LANGUAGE IN THEIR COUNTY CODES
% TO BE ABLE TO ENFORCE THEM.
% SO WE CAN'T -- WE CAN'T MAKE ANY
% ORDER ENFORCEABLE.
% >> WHY AREN'T THOSE ORDERS IN
% YOUR CODES?
% >> I SUSPECT ALL THE COUNTIES
% HAD MODEL CODES AND ONLY THE
% VERY LARGEST COUNTIES DRAFTED
% THEIR OWN FROM SCRATCH.
% SO I BELIEVE NEARLY EVERY COUNTY
% HAS THE SAME DEFECT IN THEIR
% CODE.
% AND ALL WE WANTED TO DO IS BY
% RESOLUTION ADD LANGUAGE OUT OF
% STATE STATUTE 252.03.
% WE WANTED TO PULL LANGUAGE OUT
% OF THERE THAT'S BEEN OUT THERE
% FOR DECADES AND PUT THAT IN OUR
% COUNTY CODE.
% AND WE RAN INTO STIFF OPPOSITION
% FROM PEOPLE THAT VIEW ANY
% AUTHORITY IN A HEALTH OFFICER AS
% SOME SORT OF ENCROACHMENT ON
% THEIR FREEDOMS.
% >> AND YET ISN'T THAT EXACTLY
% WHAT WAS ENVISIONED FOLLOWING
% THE STATE SUPREME COURT RULING?
% >> THAT SEEMS TO BE WHAT THEY
% HAD IN MIND.
% I MEAN, THE LEGISLATURE AND THE
% GOVERNOR COULD HAVE COME
% TOGETHER AND REACHED SOME SORT
% OF COMPROMISE.
% AND IN FACT, THE LEGISLATURE
% INITIALLY ASKED FOR SIX DAYS TO
% PUT SOMETHING IN THE "STAY AT
% HOME" ORDERS PLACE.
% AND JUDGE ROGGENSACK, IN A
% DISSENT TO HER OWN MAJORITY
% OPINION, SAID THAT THEY SHOULD
% HAVE GIVEN A SIX-DAY TRANSITION
% PERIOD.
% AND THAT'S WHEN OUR COUNTY
% DISCOVERED -- WE TRIED TO PUT
% THAT SIX-DAY PERIOD IN TO ALLOW
% THEM TO WORK TOGETHER AND TO
% SUBSTITUTE SOMETHING FOR THE
% "STAY AT HOME" ORDER AND THAT'S
% WHEN WE DISCOVERED WE DIDN'T
% HAVE ENFORCEMENT POWERS.
% SO WE HAD TO WITHDRAW THAT THE
% VERY NEXT DAY THAT WE ISSUED IT.
% >> WHAT ARE YOUR CONCERNS ABOUT
% THE POINT AT WHICH YOU MIGHT
% NEED THOSE KIND OF ORDERS?
% >> WELL, TO GET SOMETHING
% THROUGH A COUNTY BOARD AND HAVE
% IT ADDED TO OUR CODE, IT'S A
% LENGTHY PROCESS.
% AND IF WE WAIT UNTIL SOME ACTION
% HAS TO BE TAKEN URGENTLY, IT'S
% NOT GOING TO BE THERE ON TIME.
% AND THE TYPE OF ACTION THAT I
% THINK MIGHT OCCUR HERE, THERE
% MIGHT BE NEED FOR A SURGICAL
% ORDER.
% THERE MIGHT BE A TATTOO PARLOR
% WHERE ONE OF THE TATTOO ARTIST
% IS INFECTED AND THEY'RE NOT
% RESPONDING TO OUR ADVICE TO THEM
% TO NOT ALLOW THAT ARTIST TO
% WORK.
% WELL, THAT'S A CASE WHERE OUR
% HEALTH DIRECTOR COULD ISSUE AN
% ORDER THAT WOULD BE ENFORCEABLE
% AND WE COULD SHUT THEM DOWN OR
% FORCE THAT ARTIST NOT TO
% OPERATE.
% AND THAT'S JUST ONE EXAMPLE, A
% HYPOTHETICAL.
% BUT THE WAY IT IS NOW, WE CAN
% SUGGEST THAT THEY NOT LET THAT
% ARTIST OPERATE, BUT WE REALLY
% CAN'T STOP THEM.
% >> WHAT ABOUT THE ARGUMENT,
% THOUGH, ON THE PART OF PEOPLE
% WHO MIGHT BE OFFERING SOME OF
% THIS PUSHBACK THAT THEY HAVE
% CONCERNS OVER, QUOTE,
% "SHUTTERING THE ECONOMY," AS
% SENATOR FITZGERALD SAID ABOUT
% THESE KINDS OF PUBLIC HEALTH
% ORDERS?
% >> DEFINITELY THERE'S A TRADEOFF
% BETWEEN RULES THAT PROTECT
% HEALTH AND RULES THAT IMPACT THE
% ECONOMY.
% AND, QUITE FRANKLY, I WOULD
% ADVISE AGAINST ANY ADDITIONAL
% GENERAL SHUTDOWN UNLESS THE
% SITUATION BECAME ABSOLUTELY
% HORRIFIC.
% >> IS THE WISCONSIN COUNTIES
% ASSOCIATION ABLE TO OFFER ANY
% KIND OF GUIDANCE OR HELP IN
% THIS?
% BECAUSE PRESUMABLY YOU'RE NOT
% THE ONLY COUNTY THAT IS
% EXPERIENCING THIS.
% >> THEY'RE ACTUALLY TALKING
% ABOUT ISSUING SOME GUIDELINES,
% PERHAPS SOME MODEL LANGUAGE, BUT
% THEY'RE GOING THROUGH A
% COMMITTEE PROCESS, TRYING TO
% REACH THAT.
% AND THEY SUGGESTED THAT THEY
% WON'T ACTUALLY HAVE LANGUAGE
% THAT YOU CAN JUST ADOPT.
% THEY'RE GOING TO HAVE SOME
% GUIDELINES TO HELP YOU DEVELOP
% YOUR OWN.
% THAT COULD TAKE A LONG TIME.
% AND IT WOULD PROBABLY STILL
% RAISE THE SAME TYPE OF OPTION.
% BASICALLY, OUR CRITICS ARE
% TELLING US THEY DON'T WANT OUR
% HEALTH OFFICER TO HAVE ANY
% AUTHORITY TO ENFORCE AN ORDER.
% >> SO, THERE WON'T BE.
% I MEAN, IS THERE ANY -- DO YOU
% HAVE ANY REMEDY?
% >> WELL, THE BOARD COULD CHOOSE
% TO GO AHEAD AND ADOPT THE
% NECESSARY CODE LANGUAGE FOR THE
% COUNTY OVER THIS ACTIVE
% OBJECTION.
% AND I BELIEVE THIS IS JUST A
% SUBGROUP WITHIN THE TOTAL
% COUNTY.
% I SUSPECT THERE'S A LARGE BODY
% OF PEOPLE ON THE OTHER SIDE AS
% WELL.
% BUT IT'S VERY HARD FOR A COUNTY
% BOARD TO MAKE A DECISION IF ONE
% SIDE IS VERY VOCAL AND VERY
% PROMINENT.
% AND THEY'RE KIND OF -- THEY'VE
% KIND OF BEEN GINNED UP BY SOME
% OF THE PLAYERS.
% I KNOW A LOT OF THE PEOPLE WERE
% TOLD THAT WE CAN INVADE THEIR
% HOME AND THAT WE COULD TAKE
% THEIR CHILDREN OUT OF THEIR HOME
% IF THEY HAVE THE SNIFFLES.
% THOSE EXACT WORDS HAVE BEEN
% REPEATED TO ME NUMEROUS TIMES.
% WELL, THE LANGUAGE THAT WAS
% DRAFTED HAD A REFERENCE IN IT
% AND THAT REFERENCE TALKED ABOUT
% EITHER HAVING TO HAVE PERMISSION
% TO ENTER THE HOME OR HAVING TO
% HAVE AN INSPECTION WARRANT
% ISSUED BY A COURT.
% BUT, OF COURSE, PEOPLE, LAY
% PEOPLE READING IT, JUST READ
% OVER THOSE REFERENCES.
% >> WELL, MR. HARRIS, WE WISH YOU
% WELL AS YOU TRY TO WORK THIS
% OUT.
% AND WE ALSO HOPE THAT YOUR
% NUMBERS WILL FLATTEN OUT.
% MARK HARRIS, COUNTY EXECUTIVE,
% WINNEBAGO COUNTY, THANKS VERY
% MUCH.
% >> THANK YOU.
% >> THIS