>> 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