Kennewick, Franklin call for WA state to change COVID restrictions

Franklin County commissioners are calling on the state to let local health officials make decisions about closures related to COVID-19, and the Kennewick Council wants a check on the governor’s emergency authority.

The county commissioners unanimously approved a resolution that was the same as one passed last week by Benton County commissioners. The measure calls the governor’s rules unfair, but it doesn’t give businesses permission to ignore them.

The resolution passed in a 5-2 vote by the Kennewick Council Tuesday night picked up some of the same resolution language, but concluded by calling for the Washington state Legislature to immediately amend the state law to require the Legislature to approve any state of emergency that lasts longer than 30 days.

State emergency powers were designed to deal with emergencies such as earthquakes and floods, not ongoing pandemics, said Councilman Steve Lee.

Gov. Jay Inslee has used his emergency powers to set limits on gatherings, businesses and worship services to help contain the spread of the coronavirus.

Most indoor dining at restaurants and general admission at movie theaters are banned, and retail and worship services are limited under the current plan from the governor’s office.

The governor recently revised a state plan for reopening. The new Healthy Washington Roadmap to Recovery will allow multicounty regions rather than individual counties to move forward to the next phase of reopening.

Benton County is being considered along with Yakima, Kittitas, Franklin, Walla Walla and Columbia counties, which dilutes the voice of Benton County leaders to state officials, said several Kennewick council members.

The resolution does not have the force of law, after city officials found no way for local law to override state mandates.

The intent is to amplify the voice of the council and call attention to the stresses on local businesses without encouraging them to go against the governor’s mandates, said those who supported it.

Kennewick Council split

Several councilmen said they wished the city had more legal authority over business reopenings.

“Our wishes, our concerns, about limiting the governor’s emergency power, about the need for our businesses and individuals to have personal freedoms — that needs to be heard in Olympia,” said Councilman John Trumbo, who supported the resolution. He recently recovered from COVID-19.

The restrictions to prevent the spread of the coronavirus in Washington state apparently have “not put the brakes on this virus,” he said. Businesses should be allowed to make their own decisions on whether to require customers to wear masks or to limit the number of people they allow in at one time.

Councilman Chuck Torelli, who voted against the resolution, countered that Washington state has less than half the rate of both COVID-19 deaths and cases as the nation as a whole. Benton County rates, while higher than the state rates, are still below national rates.

He also pointed out that after state restrictions were ignored to hold a large wedding near Ritzville north of the Tri-Cities, it turned into a coronavirus superspreader event. Guests at the wedding may have been responsible for later infecting nursing home patients and as many as 24 deaths.

Torelli said he wants the governor to provide more help to struggling small businesses.

“This is a feel good resolution,” he said. “... We are not telling the state what we need.”

He called it posturing.

Councilman Jim Millbauer also opposed the resolution, saying it offers no solutions for restaurants and other small businesses.

“I am going to support this resolution,” said Mayor Don Britain before the vote. “... I’ve spoken to business owners that feel that they are just out in the dark somewhere and nobody is listening to them.”

Even though the resolution does not have the force of law, it does show business owners that the council hears them, he said.

County COVID resolution

Franklin County commissioners also were concerned that the resolution they passed was not likely to change any restrictions.

“It’s a statement that the commissioners believe that these decisions are best left to local leaders, including county commissions and city councils, rather than a broad state of enforcement from state officials and state agencies,” County Administrator Keith Johnson said.

It is the first resolution on COVID restrictions the commission has considered that would not put the county in legal jeopardy, said Commissioner Brad Peck said.

“My guess is that all three commissioners feel strongly that we wish we did have the authority to open things.”

Commissioner Clint Didier pointed out the resolution says the commissioners are committed to protecting the rights of its residents and will actively challenge regulations that “it believes are illegal.”

“I don’t think that we have challenged them legally,” he said. “We haven’t put forth a legal argument here. ... If this is the best that we can do in Franklin County, I’ll vote for it.”

Richland council members haven’t asked for a similar resolution.

Earlier this month, the Pasco City Council discussed proposal raised by Councilman Pete Serrano to declare an emergency and allow businesses to reopen in defiance of Inslee’s order. But the proposal wasn’t voted on.

This story was originally published January 20, 2021 at 5:00 AM.