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Springfield council takes stand against shutdown

Says local government has better understanding of local needs

SPRINGFIELD — After about an hour of discussion at a special meeting late Friday afternoon, the Springfield City Council unanimously approved sending a letter to Gov. Tim Walz opposing the extension of his stay-at-home orders.

The council approved a resolution allowing City Manager/EDA Director Joe Stremcha to send a letter to Gov. Tim Walz regarding the COVID-19 pandemic.

Action came on a motion by Councilor Mike Rothmeier, seconded by Councilor Theresa Beckman. Stremcha said he emailed the letter to Walz Friday after the meeting.

In a nutshell, the letter asks Walz to reconsider his stay-at-home order, that the community has reached the breaking point to sustain and support its business community, as well as the well being of its residents.

The letter added that the stay-at-home order and temporary closure of bars, restaurants, and other places of public accommodation poses an even greater risk to the community’s future stability compared to the risk of a COVID-19 outbreak.

“The City Council expresses opposition to any executive orders that restricts the constitutional rights of the citizens of Springfield to life, liberty, or property, without the process of law,” read the letter.

It cited the Fifth and Fourteenth Amendments, Emergency Executive Order 20-33 that states “nothing in this Executive Order is intended to encourage or allow law enforcement to transgress individual constitutional rights.”

The letter read that Minnesota Statute 12.31 reserves the peacetime declaration of emergency for when an act of nature or act of God exists, this (pandemic) represents a natural hazard beyond human control.

“While COVID-19 is an unprecedented virus, there is a strong degree of human control through social distancing and protective measures that can effectively combat the spread of the illness,” read the letter.

It added that the City Council supports that residents have a choice to stay at home or move about freely within the City, while maintaining behavior to preserve the health and safety of all residents.

“Businesses that operate under state licensure are cautioned against taking action that may jeopardize their licensure status,” continued the letter. “The City Council specifically advises that long-term facilities continue to restrict visitors, regularly check healthcare workers and residents for fever and symptoms, and limit their activities within the facility to keep residents safe.”

The letter read that the City Council encourages all citizens to follow Minnesota Department of Health and Centers for Disease Control guidelines for social distancing and general conduct while in public.

“The City Council believes the sole power of issuing emergency orders and implementation related to the COVID-19 pandemic should be restored to individual municipalities and local government agencies going forward,” read the letter.

“Local government entities have a better understanding of their community needs to address the COVID-19 pandemic, concluded the letter. “The City of Springfield feels it is time to turn the dial further and reopen the state and appreciate the efforts made by state officials in response to the pandemic.”

A number of residents attended the meeting and gave input on pandemic issues including Dale “Lumber” Lindmeier.

A man said he was for the shutdown two months ago but not now.

“Healthcare systems are shutting down. It makes no sense,” he said.

“You were elected to support the people of this town,” said another man. “You need to fight for businesses. They are the lifeblood of this town. The order is unconstitutional. You have a very small chance of getting it (COVID-19).”

Stremcha read a letter dated May 5 from Amber Eisenschenk of the League of Minnesota Cities (LMC).

The LMC letter read that a city does not have authority to change a state law or be less restrictive than state law, unless the law specifically allows for it.

“Minnesota House Research has an outline of the overall relationship between the different levels of government and constitutional protections that is important for this conversation,” read the letter. “All local government units are ‘creatures of the state’ and subject to state law. The U.S. Constitution is silent on local government. Control of local government is not one of the enumerated federal powers of the Constitution, nor is it expressly prohibited to the states. It is, therefore, a residual power left to the sates and people by the Tenth Amendment.

“Furthermore, local units of government do not have recourse to the federal constitution in order to resist state legislative interference or control,” read the letter.

Stremcha said about 60 people watched the meeting on Zoom. The next city council meeting begins at 5:30 p.m., Tuesday, May 19.

(Fritz Busch can be emailed at fbusch@nujournal.com).

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