As shutdown {enters|goes into|gets in} {second|2nd} week, St. Louis County Council still {trying|attempting} to chip away at Page’s authority – STLtoday.com

23 November 2020

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St. Louis County Council

The St. Louis County Council

As the county enters its {second|2nd} week under the Sam Page administration’s “{safer|much safer|more secure} {at home|in your home|in the house}” order, with broad {restrictions|limitations|constraints} on leaving {home|house}, {dining out|eating in restaurants} and other activities, council members Tim Fitch and Mark Harder {have|have actually} {revived|restored} {bills|expenses|costs} that would {limit|restrict} the executive’s {ability|capability} to unilaterally {{declare|state} {emergencies|emergency situations} and {enforce|impose|implement}|{enforce|impose|implement} and {declare|state} {emergencies|emergency situations}} health orders {indefinitely|forever}.

The {two|2} Republicans {last week|recently} {filed|submitted} {bills|expenses|costs} that would {allow|enable|permit} a council {majority|bulk} at any time to end any such “validly {issued|provided|released}” state of {emergency|emergency situation} or public health order.

The council {approved|authorized} {similar|comparable} {versions|variations} of the {bills|expenses|costs} 4-3 on Oct. 19 after {nearly|almost} a week of {unprecedented|unmatched|extraordinary} public {comment|remark}. Those {bills|expenses|costs} would have ended any {emergency|emergency situation} {declaration|statement} or health order {during|throughout} a pandemic after 15 days unless the council voted to extend them. Page {vetoed|banned} the {bills|expenses|costs} on Oct. 26, and the council did not have the {fifth|5th} vote it {needed|required} to {override|bypass} him.

The {new|brand-new} {bills|expenses|costs} would be {likely|most likely} to {meet|satisfy|fulfill} the {same|exact same|very same} fate with the council’s {current|present|existing} makeup. Councilwoman Rita Heard Days, D-1st District, {has|has actually} {largely|mostly|mainly} voted with the {three|3} Republicans over Democrats Lisa Clancy, Kelli Dunaway and Rochelle Walton Gray.

{{But|However} Fitch {said|stated} he {planned|prepared} to table them at the council’s {regular|routine} {meeting|conference} on Tuesday, {delaying|postponing} action into December or beyond, when the council’s balance of power {becomes|ends up being} murkier.

| Fitch {said|stated} he {planned|prepared} to table them at the council’s {regular|routine} {meeting|conference} on Tuesday, {delaying|postponing} action into December or beyond, when the council’s balance of power {becomes|ends up being} murkier.

} Walton Gray, who {had|had actually} voted {against|versus} the {bills|expenses|costs} and {provided|offered|supplied} Page with {a key|an essential|a crucial} {insurance|insurance coverage} vote {against|versus} a supermajority that {could|might} {override|bypass} a veto, will {exit|leave} the {4th|fourth} District council seat on Jan. 1. Her {successor|follower} is Shalonda Webb, who beat the incumbent in the August Democratic {{primary|main} and crushed|crushed and {primary|main}} {two|2} {opponents|challengers} in the {general|basic} election.

Webb wasn’t {offering|providing|using} {clues|hints|ideas} about whether she would {align|line up} with Page as Walton Gray had, {particularly|especially} on the {emergency|emergency situation} {declarations|statements} and health orders, or whether she {could|might} {become|end up being} {a fifth|a 5th} vote in the {majority|bulk} {against|versus} him.

“I’ll {assess|evaluate|examine} it at the time,” Webb {said|stated} Monday in {a brief|a short|a quick} interview.

Power {usurped|took over}?

Fitch {said|stated} the councilmen are {watching|viewing|enjoying|seeing} {a lawsuit|a suit|a claim} {against|versus} the county by a group of {restaurants|dining establishments} {seeking|looking for} to {block|obstruct} the Page administration’s suspension of indoor dining.

Most-read stories in this {section|area} The {suit|fit|match} {says|states}

that by {issuing|providing|releasing} the {latest|newest|most current} public health order, which {went into|entered into} {effect|impact|result} Tuesday, Page and {Acting|Performing} Health Director Emily Doucette have “{usurped|took over} the County Council’s shared democratic functions in {violation|infraction|offense} of the separation of powers” and “{allows|enables|permits} them to {avoid|prevent} procedural safeguards, such as {a notice|a notification} and {comment|remark} {period|duration}.”

The {suit|fit|match} {claims|declares} Missouri law {says|states} a “county commission” or “county {health center|university hospital} board” can {issue|provide|release} {rules|guidelines} to {protect|safeguard|secure} public health and {impose|enforce} criminal charges for {violating|breaking|breaching} them. St. Louis County has neither, the {lawsuit|suit|claim} {says|states}, asserting that public health {measures|steps|procedures} {should|ought to|must|need to} go through the County Council.

{Last week|Recently}, {Associate|Partner} Circuit Judge John R. Lasater {denied|rejected} the {restaurants|dining establishments}’ {request|demand} to cancel the {ban|restriction} on indoor dining, {writing|composing} that he {believed|thought} “public interest is {best|finest} served {right now|today} by {denying|rejecting} this {restraining|limiting} order.”

{{But|However} he has yet to rule on whether the power to {impose|enforce} {restrictions|limitations|constraints} {legally|lawfully} rests with the council, as the {suit|fit|match} {contends|competes}.

| He has yet to rule on whether the power to {impose|enforce} {restrictions|limitations|constraints} {legally|lawfully} rests with the council, as the {suit|fit|match} {contends|competes}.

} If Lasater were to rule the orders are {unlawful|illegal}, Fitch {said|stated}, they would no longer be {considered|thought about} “validly {issued|provided|released},” and the council would pivot {toward|towards} policy that {directly|straight} {controls|manages} the county’s {emergency|emergency situation} {declaration|statement} and health orders.

That effort is {already|currently} underway. {Anticipating|Expecting|Preparing for} that {a ruling|a judgment} from Lasater {could|might} {mean|imply|indicate|suggest} that a countywide mask order {issued|provided|released} by Page was {illegal|unlawful|prohibited}, Fitch on Friday asked the county’s legal {staff|personnel} to {draft|prepare} a council order that mandates the {wearing|using} of masks {during|throughout} the pandemic.

Fitch {has|has actually} {lauded|admired} the three-member commission that governs Franklin County for voting Thursday to {establish|develop} a mask {mandate|required}. Fitch tweeted the order {had|had actually} been done “the right, legal {way|method} … what we{‘ve| have actually} been {trying|attempting} to do for months.”

Webb {wouldn’t|would not} {commit|dedicate|devote} on whether the executive or council {should|ought to|must|need to} have the {final|last} word on the mask {mandate|required}.

“Why can’t we {work together|collaborate|interact} {using|utilizing} {common sense|good sense|sound judgment} to do what’s right for the {community|neighborhood}?” she asked.

Page {has|has actually} {criticized|slammed} the council’s {latest|newest|most current} efforts. On Saturday and Sunday, a Facebook page run by his political {campaign|project} {posted|published} messages from county {residents|locals|citizens|homeowners} {endorsing|backing} him as the chief decision-maker on health {issues|problems|concerns}, with links for {residents|locals|citizens|homeowners} to {submit|send} {comments|remarks} in opposition to “this {dangerous|harmful|hazardous|unsafe} legislation.”

In remarks to {area|location} news media on Monday, Page {pointed to|indicated} {results|outcomes} of {a study|a research study} that {found|discovered} about 1.2% of the county’s adult {residents|locals|citizens|homeowners} had a COVID-19 infection this fall while 5% had the {disease|illness} {at some point|eventually|at some time} this year. While the {data|information} were {collected|gathered} {before|prior to} the late-autumn {surge|rise}, he {said|stated} it {meant|implied|indicated|suggested} 95% of the county’s {residents|locals|citizens|homeowners} were still {susceptible|vulnerable|prone} to the {virus|infection} in mid-October.

Page {said|stated} more {people|individuals} are {starting|beginning} to {recognize|acknowledge} the {threat|risk|danger|hazard} and support his administration’s actions to {protect|safeguard|secure} the county. They {have|have actually} {begun|started} “to {speak up|speak out} more loudly and asked that we continue with our {decisions|choices} that keep St. Louis County safe and {protect|safeguard|secure} our health and {welfare|well-being}. And I {think|believe} you’ll see a lot more activity {among|amongst} {the people|individuals} … who {want|desire} us to be safe.”

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