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Aberdeen Makes Public Gatherings Misdemeanor, Considers Outright Closure of Bars, Restaurants

If the thought of catching coronavirus won’t make you stay home, how about a $500 fine and 30 days in jail? That’s what Aberdeen will hit you with, as of 12:01 a.m. today, if you stand around in a crowd of ten or more people within city limits.

The Aberdeen American News reports that our city council approved second reading of its coronavirus ordinance last night. This gentler ordinance allows retail businesses to keep doing normal business if they have room for people to stand at least six feet apart. That restriction does not apply to grocery stores and convenience stores that sell food.

The council also put in motion a stricter ordinance that would order closure of restaurants, bars, breweries, entertainment and recreation facilities, tattoo parlors, salons and barber shops, and spa and massage studios. The council approved first reading last night; the council can now pass that ordinance, if they so desire, with one more reading.

One councilman is irate at local legislators for not giving municipalities more power to confront the coronavirus pandemic:

Councilman Dave Bunsness noted his frustration with the Legislature and two local lawmakers — Rep. Drew Dennert, R-Aberdeen, and Rep. Kaleb Weis, R-Aberdeen — who voted against SB 191.

“It’s inconceivable that you would vote against that,” Bunsness said. “We need local control so we can vote on this immediately” [Elisa Sand, “Council OK’s Both COVID-19 Ordinances, Stricter Measure Needs Second Approval,” Aberdeen American News, 2020.04.02].

Local Senator Al Novstrup and Representative Carl Perry voted for Senate Bill 191.

15 Comments

  1. DR 2020-04-02 09:23

    Here is the biggest failure out of last nights meeting: “After this is all over, lets consider giving this council a raise in pay. This goes above the call of duty. Just my opinion”

    If the mayor had said that, you would have been all over this. Funny how this counselor gets a pass. For this, and many other reasons, I would like to call for his immediate resignation.

  2. Buckobear 2020-04-02 09:51

    Do each of the 10 folks in the banned gathering get fined $500??

  3. Cory Allen Heidelberger Post author | 2020-04-02 11:50

    Wait, DR: who said that? I didn’t see that quote in the paper.

  4. DR 2020-04-02 11:54

    For whatever reason, it was not brought up in the article. If you go watch the meeting on YouTube you will see, right before adjournment, that Mr Remily suggested they get pay raises.

  5. Cory Allen Heidelberger Post author | 2020-04-02 12:01

    Buckobear, interesting enforcement question. Check the ordinance as written in last night’s agenda:

    The first part tells businesses they can’t allow 10+ people to gather on their premises unless they can provide space for 6-foot separation. The second part bans any public gathering of 10+ people who aren’t related or part of the same household. The penalty clause reads, “…a violation of this ordinance shall be a Class 2 misdemeanor. Each day a violation of this ordinance occurs is considered a separate offense.”

    I would interpret the first paragraph as something only a business owner can violate. The second part is something any of us can violate. It thus appears the city can penalize anyone, business owner, host, or participant in the illegal crowd. And I would say that every individual in that illegal crowd gets a ticket.

    Now it occurs to me that, as written, you and I and DR and 20 other blog readers could go assemble at any public park and hold a rally, as long as we can show that there’s enough space in the park for us to all stand six feet apart. The ordinance does not say that we can’t stand shoulder to shoulder; it just says there has to be enough space for us to stand six feet apart. So an unwise mob could still stage a march on City Hall, as long as someone does the math ahead of time and figures out how many people could fit in a dispersal grid on any given street.

    But consider this: suppose there is some tight space where we want to hold a meeting. Suppose you, I, DR, and six other blog readers all crowd in to chat. We’re taking a chance, but none of us are in violation of Covid-19 Emergency Ordinance #1. Now suppose Travis Schaunaman runs up and crashes our meeting. Now we’re all in violation of C-19 EO1. Dang: do we all get a ticket, or does just Travis get the ticket for crowding in and breaking the limit?

  6. Cory Allen Heidelberger Post author | 2020-04-02 12:05

    DR, without even knowing who said it, I’ll say you’re right: elected officials get no danger pay. They get no overtime for extra hours spent studying new and complex policy issues and fielding extra calls for constituents. If there’s a per-meeting fee, well, so be it, but this is the job elected officials sign on to do.

    Even if there is a case to be made to pay certain public employees more, I think the city’s first responders—cops, firefighters, EMTs—the folks who don’t get to close their offices and enforce social distances, the ones who still have to grab bad guys and save people in trouble, are first in line for any raises that may be had in the midst of this economic shutdown. Then more pay for doctors, nurses, teachers, grocery store workers, everyone who has to keep showing up to keep society together.

  7. Cory Allen Heidelberger Post author | 2020-04-02 12:07

    Remily said it? Bad call, Remily. See my list above of who’s first in line.

    The only reason I didn’t remark on it sooner, DR, is that I only read the paper this morning and did not review the video. Thank you for bringing it to my attention. Priorities: I will vigorously oppose any pay raise for council members right now; any pay raises right now go to vital public employees providing vital services at risk of exposure. Council members are largely sequestered from the real risk.

  8. Cory Allen Heidelberger Post author | 2020-04-02 12:07

    Was Remily’s comment just a one-off, or did it spark any discussion?

  9. DR 2020-04-02 12:52

    No discussion came from it. More of a silent…you just said that.

    Yes it was Remily. Sorry, I thought I said that.

  10. mike from iowa 2020-04-02 13:48

    So nine cops can surround one innocent stranger and cost that stranger 500 bucks?

  11. Debbo 2020-04-02 19:59

    The Roger Cornelius Memorial cartoon by Marty Two Bulls

    is.gd/Lqpczw

  12. Debbo 2020-04-02 20:23

    This is a step in the right direction for Aberdeen.

  13. Debbo 2020-04-02 22:35

    Economic Oaf’s “businesses” in Florida have only been closed 2 weeks and already he can’t make payments. He’s no billionaire, never has been. He’s just a cheap, grifting con that moves $ around trying to make himself look big.

    Tiny hands, microscopic mind, nano-sized ………….

  14. Donna K 2020-04-03 10:13

    We need to ban all Republican events! The oafs behind this are Republicans and the underlying problem. Blue wave 2020!

Comments are closed.