Here we go again. Four weeks ago, I thought that I had written the last membership message to you about reopening Oshkosh businesses. That specific member message was sent on the heels of the Wisconsin Supreme Court ruling that the Secretary of the Department of Health Services extension of Gov. Evers Safer at Home Order was unlawful. As you most likely recall, the Supreme Court’s ruling was followed by an order from Winnebago County Executive Mark Harris to issue a County-wide continuance of the Safer at Home Order. County Executive Harris’ Order was short-lived and was lifted the same day when the State Attorney General advised the County that Harris did not have the authority to impose such an Order. Fast forward four weeks, County Executive Harris is requesting the Winnebago County Board to grant the Public Health Department Director sole authority to issue his own county-wide shutdown order. Please see the Oshkosh Chamber Legislative Alert . Needless to say, we are not overly happy with this proposal.

We have several issues of concern on provisions outlined in the proposed ordinance. We believe that these items are too far reaching, too broad and provide the Public Health Director (an unelected official) too much authority and discretion. Specifically:
  • The Public Health Director would have the sole authority to issue orders to close schools and forbid public gatherings in schools, churches, places of employment, public buildings, private property, and other places, when deemed necessary.
  • Any rule or order could be made applicable to the whole or any specific part of Winnebago County.
  • Orders issued under the authority therein would supersede conflicting or less stringent regulations, orders or ordinances.
  • The Public Health Director could (arbitrarily) authorize and implement, at the Director’s discretion, all emergency measures necessary to control communicable diseases and do what is reasonable and necessary for the prevention and suppression of disease including, but not limited to, prohibiting public and private gatherings when deemed necessary.
  • Provides enforcement provisions.
As you can see from the above points, everything is in play in the ordinance.

In discussing this proposed Ordinance with County Executive Harris, he doubted that, if enacted, the County’s Public Health Director would ever impose this Ordinance. If that is the case, it begs the question – Why take it up? County Executive Harris further asserts that state statute allows for broad power of the Public Health Department to impose these types of Orders. In 1981, the State Legislature did enact a variety of items that Wisconsin county Public Health Departments could impose in times of public health crises. However, these powers could only be imposed if the authority was granted by their respective County Boards. Since Winnebago County never acted on this, the County Executive is now currently seeking this authority. Harris has stated that the public health department currently has the authority per state statute to impose a shutdown order. This is not accurate and is misleading. While the County Executive would minimize the impact of his proposed ordinance, let’s be very clear - this ordinance gives the Director of the Public Health Department sole authority and enforcement powers to close whatever he wishes . I would seriously doubt that the State Legislature, in 1981, ever envisioned granting this type of wide-ranging power to one person – whether for the Covid-19 crisis or some other event.

In the past few days, we have heard the warnings of the coming of the next surge in new Covid-19 cases. While new cases have been rising due to more testing, hospitalizations and fatalities have been flat since early May. Still we continually hear the press promoting worst-case predictions, almost as if they’re hoping for the worst. A surge of new cases is inevitable and public health officials will have to keep an eye out. However, Covid-19 predictions and models aren’t destiny and the cost of new shut down orders is too great to sustain. The moral of this story is we have to live with the virus risks and maintain a fully open business environment while fortifying the health system and protecting the most vulnerable.

It was only a few short weeks ago that all area businesses were once again allowed to operate. Companies are trying to regain lost business and customers so that they can bring their employees back. As we are on this path of recovery and rebuilding our businesses, why on earth would County Executive Harris seek authority from the County Board to potentially lock us down again? That memory is all too vivid and painful. While he claims that is not the intention, remember that is what he attempted to do when the Supreme Court ruled Safer at Home as unlawful. And, if the State lockdown order is unlawful, how could a County order be any different? The economy needs further stimulation, not measures to lock it down. Businesses cannot survive in an “Either-Or” situation; we are in a “Both-And” world. Bottom-line is - we have to live in an environment with Covid-19 and with the economy fully open. Any further business lockdown would cause irreparable economic damage.

This proposed Ordinance should alarm every resident in the County. As word continues to get out of this proposal, people see how devastating it would be to the local economy and livelihoods if it is allowed to be imposed. Government cannot and should not be allowed to run your business. This Ordinance has the potential of allowing just that by having one individual decide whether your business should be open or closed. In essence, the Public Health Department Director would be deciding winners and losers.

In a number of previous member communications, we have asked you to reach out to your County Board Supervisor. Now is the time to do this. Your Supervisor needs to hear from you on this matter. Here is a link to the Board List .

This Ordinance:

Is Bad Timing
A Bad Look
Has Bad Optics
And, Is Bad Policy
 
John Casper
President & CEO