Franklin commissioner calls on businesses to defy state law. Votes against Phase 2

Franklin County is applying to the state for permission to move to Phase 2 of business reopening, over the objections of Commissioner Clint Didier at a Wednesday morning meeting.

He said instead Pasco businesses and others in the county should peacefully protest an unjust state law by reopening.

Why should the county ask the state to allow just some businesses to reopen, he asked. “Why not all?” he asked.

The state Legislature gave the governor too much authority to act in an emergency, he said, and now the government of Franklin County should not pick and choose which businesses reopen.

He acknowledged that reopening without state approval could pose a risk for businesses when they need to renew state-required licenses.

“My fellow commissioner just clearly advocated for citizens to openly violate a law,” responded Commissioner Brad Peck. “I can’t concur with advocating that people violate duly constituted laws. I find that remarkable.”

Peck and Commissioner Bob Koch voted for the board to apply to the state to allow the reopening of more businesses that were required to close because of the coronavirus pandemic. The vote was 2-1.

While Koch and Peck agreed with some of Didier’s points about the loss of civil liberties, they said that reworking the application to the state to address some concerns would just slow any approval.

The Benton Franklin Health District would need to revise the application and then meetings would have to be called by the district’s board and then the Franklin County Commission to approve it.

“Time is of the essence,” Peck said. “People need to get back to work today, not in three weeks.”

Among Didier’s concerns is adding up to 30 temporary workers at the health district to meet state targets in Phase 2 for quickly calling people with positive COVID-19 tests and then notifying their close contacts.

Federal funds could be used to pay for the new employees, said the county administrator.

Didier said contact tracing infringes on people’s civil liberties and could result in people who might be exposed to the coronavirus being told to quarantine for 14 days. Farmer workers, in particular, would not be paid, he said.

Can you see what that would do to the labor force, he asked other commissioners.

If Didier has concerns that the local health district has too much authority over county residents, then county commissioners, who make up the district’s board, are in position to address it, Peck said.

County staff have been instructed to immediately forward the application to the Washington state Department of Health. It should receive approval, partial approval or denial in three to five days.

Phase 2 allows counties to resume more construction, open more stores, open hair salons and allow dine-in eating at 50% capacity in restaurants and bars. Gatherings of up to five non-family members are allowed.

Benton County commissioners voted unanimously Tuesday to apply for Phase 2.

This story was originally published June 10, 2020 at 11:17 AM.