Pasco councilman wants city to declare emergency and defy WA COVID restrictions

A Pasco city councilman wants his fellow board members to declare an emergency and reopen businesses and the local economy.

Councilman Pete Serrano drafted a memo and three-page ordinance proposing the city defy Gov. Jay Inslee’s statewide COVID-19 restrictions.

In the ordinance, Serrano says immediate action is necessary “for the preservation of public health and safety, public property, and the public peace.”

The issue is up for discussion on the Monday, Jan. 4, city council agenda.

Serrano has been a proponent of empowering business owners to reopen amid the pandemic. He was on a list of featured speakers at a “Tri-Cities is open for business” event in mid-December.

Inslee’s restrictions, which have been extended to Jan. 11, cover social, business, religious and athletic gatherings.

Serrano suggests that Pasco stop recognizing those restrictions and forced closures until they are lifted by the state and all businesses can reopen.

Serrano told the Tri-City Herald on Monday that he wrote the ordinance with input from some local business owners, constituents and state Reps. Brad Klippert, Matt Boehnke, Mary Dye and Joe Schmick, all Republicans.

The councilman said while he would love to see his proposal pass after the first discussion with a majority 4-3 vote, or even 7-0, he is realistic and just wants to get the council talking and see where they can end up.

Emergency powers

He said it’s also a question of what the city’s emergency declaration powers allow it to do, and wants to see Pasco officials explore their options so they might bring relief to people.

Serrano said he knows some council members are vehemently opposed to the idea right now, and has received emails from residents who are not pleased with his proposed action.

“I can’t stand by and just say, ‘I’m going to work my job, collect my paycheck, but you can’t,’” Serrano told the Herald. “It’s tough. No one has got the answer. No one has got the right answer, but I’m doing what I can to bring forth what I hope will help the community at large.”

Serrano noted that during the pandemic, Pasco has invested in the local business community through the CARES Act and other grant funds.

But the restrictions have created inequities for independent and small businesses, especially those owned by veterans or minorities, he said. Meanwhile, large national franchise businesses remain open.

“I recognize the proposed ordinance is a departure from where the City Council has been since March with respect to COVID-related business restrictions imposed by the State of Washington,” he wrote in his memo to the council.

“However, over the past 10 months, many of our businesses have suffered great losses as the result of these restrictions, some may survive, some will never reopen, and others still have been prevented from even starting.”

Restrict state, federal agents

Serrano’s ordinance also addresses the actions of enforcement officers with city, state or federal agencies, like the Washington State Liquor and Cannabis Board’s dealings with local restaurants.

He said if an agent wants to enforce Inslee’s proclamation or another emergency order during the pandemic, they must: Announce their presence with name and badge number; get permission from the Pasco police chief or Franklin County sheriff to enter the city; show proof of a negative COVID-19 test within 48 hours or of being vaccinated; and hand deliver all violations.

Serrano represents District 4, which covers a large swath of west Pasco — from Argent Road on the south side of Interstate 182 to the northern city limits on Burns Road, and between Convention Drive and Broadmoor Boulevard.

He was elected to the council in 2017, two years after his family moved to the Tri-Cities from California. He is an attorney for the U.S. Department of Energy in Richland and an adjunct professor at Washington State University’s Tri-Cities campus.

The council last met Dec. 7 before a long holiday break.

At that meeting, Serrano said, “2020 has been a very difficult year that none of us had anticipated.”

He said he’d reviewed a number of Facebook memes that were posted throughout the coronavirus pandemic, and there was one theme that resonated with him: “Don’t forget, we’re all in this storm together. And some of us are drowning, some of us are safely on yachts and some are in canoes, and some are just holding on to the iceberg.”

Serrano said he and his fellow council members aim to do their bests for the city’s residents and businesses, and “will keep fighting to help Pasco be what Pasco is.”

Proposal opposition

Felix Vargas, a Pasco resident and civil rights activist, wrote a letter Monday morning to Mayor Saul Martinez and the six council members urging them to reject the proposed city ordinance.

“I wish to register my grave concern over the proposed course of action which Councilman Serrano will offer at tonight’s city council meeting,” Vargas wrote. A copy of his email was provided to the Herald.

Vargas said he greatly values his friendship with Serrano, but added that the proclamation initially issued by Inslee in mid-November “has a legal basis, rooted in our state’s laws.”

Accepting Serrano’s proposed ordinance “would constitute an unwise challenge to state law” by the city, and could result in a high number of Pasco businesses losing their licenses while also leading to more COVID-19 infections and deaths, he said.

“We all know that the pandemic has caused great harm to our businesses and individuals alike,” said Vargas. “No one knows that better than the families of Latino workers at Tyson’s meat plant, Twin City Foods and agricultural workers. They continue to bear the brunt of the pandemic in terms of number of infections and deaths.

“Many of these lives lost could have been saved if employers had proactively taken early measures to issue personal protective gear, ensure proper physical distancing and mandated testing.”

Vargas went on to say that instead of Serrano’s desired goal of help people and businesses, his proposal will have the opposite effect with fully opened businesses bringing greater social and business interaction. He added that it could create a perfect storm for the virus with Serrano’s push to reopen coming during the winter months and when the new COVID-19 variant is arriving in the United States.

“For Pasco, the proposal would bring about the worse case scenario,” he wrote.

Additionally, approval the ordinance “would precariously place Pasco in an untenable legal position of refusing to comply with Washington law,” said Vargas. “Pasco would be taken to court by the state and our city would face the fullest of legal consequences — not to mention the fact that an untold number of local businesses would risk losing their business licenses and be assessed penalties.”

He reminded council members that they live in a democracy and need to work through the state Legislature and governor to get the laws they want, instead of picking and choosing which laws to recognize and which to refuse.

“Mr. Serrano should feel free to sue the governor and pursue legal remedies if he believes there are constitutional issues involved. He should not be proposing that our city disobey lawful orders and laws,” wrote Vargas. “This action serves only to undermine the trust and faith that we have in our democratic institutions and plays into the hands of our international adversaries who seek to sow discord in America and to bring our country down.”

This story was originally published January 4, 2021 at 3:13 PM.