Eastern Washington county takes back its decision to reopen non-essential businesses
In a split decision, the Franklin County commissioners rescinded their resolution allowing businesses to reopen.
On Tuesday, the three-member board had unanimously voted to “end recognition” of Gov. Jay Inslee’s stay-at home order issued to slow the spread of the new coronavirus that causes COVID-19.
While the commissioners took action intending to defend people out of work, Commissioner Brad Peck said at the meeting the execution of the effort wasn’t perfect.
“It brings us to a point today where it’s appropriate for the board to consider rescinding that resolution passed on Tuesday,” he said during a special meeting Thursday. “Further actions will be done in more careful contemplation with our legal counsel.”
Peck was joined by Commissioner Bob Koch in rolling back their stance. Commissioner Clint Didier, who didn’t say anything at the public meeting, voted against rescinding.
The vote followed an hour-long closed-door executive session with County Prosecutor Shawn Sant, other county attorneys and Sheriff Jim Raymond.
Inslee’s office and Attorney General Bob Ferguson issued a joint statement this week condemning Franklin and Snohomish counties decisions to allow non-essential businesses to reopen. The county resolution only applied to businesses outside the incorporated areas of Pasco, Connell and Kahlotus.
After the commissioners approved the handwritten resolution, the governor’s chief of staff David Postman told reporters it could legally jeopardize businesses and risk people’s health.
State letter to Franklin County
A letter from the governor’s office to Franklin County said businesses could be cited and fined if they violate the state order. They also can’t rely on the Franklin County resolution to defend themselves from those fines.
“The action taken by the board of commissioners intentionally and knowingly violates an order issued by the governor pursuant to his emergency powers ... and it therefore violates state law,” said the letter to the commissioners that demanded they retract the resolution.
In response, Peck admitted that he acted in haste and wrongly believed the Legislature hadn’t approved extending the governor’s declaration of emergency.
However, Peck said he still believes Inslee has gone too far in respect to restrictions on church services. He also expressed concern that Boeing workers are being allowed to return to work while workers in this area can’t.
“What is also clear is that arguing with our Governor or taking bold, albeit well-intended Board actions, only furthers the divide and does not advance the interests of our citizens ... which must be our first priority,” he said in a statement to the Tri-City Herald on Wednesday.
“Let us not forget that defending the Constitutional rights of our citizens is advancing citizen interests. However let’s be civil, responsible and thorough in doing so. Open discussion, public input and debate are more necessary than ever,” Peck wrote.
This story was originally published April 23, 2020 at 12:34 PM with the headline "Eastern Washington county takes back its decision to reopen non-essential businesses."