JACKSON, MI – Republicans on the Jackson County Board of Commissioners are getting fed up with Gov. Gretchen Whitmer’s coronavirus stay-at-home order and are considering taking action at their Tuesday, April 21 meeting.

The board is considering two resolutions: One declaring businesses like landscaping, excavating and boating services “essential businesses,” while the second, weaker resolution only says the county believes the state should allow such businesses to reopen.

County officials disagree if Option A would give the green light for some businesses to defy the stay-at-open order and reopen. Jackson County Administrator/Controller Mike Overton said it could be viewed that way, and could get the county into legal trouble.

If a Jackson County business reopens and gets punished by the state, it could point to the county resolution as its reasoning in a lawsuit, he said.

“Legally, we don’t have the authority to overrule the governor,” Overton said. “Our attorneys have said Option B is less likely to get you in trouble.”

A spokesperson from the governor’s office didn’t answer specific questions about Jackson County’s resolutions, but said Whitmer’s top priority is protecting the public’s health and safety and she’s working with experts on how best to re-engage the economy.

Per the resolution language, Option A "clarifies and declares the below denoted businesses and operations as additional essential workforce categories" while Option B "is not meant to be a directive or mandate for the noted businesses or operations to return to work."

Board Chairman Steve "James" Shotwell Jr. helped write both resolutions.

"All they are, are suggestions," Shotwell said. "We're not really saying that you can go back to work if we pass this resolution."

Option B also gives the county sheriff and prosecutor sound discretion to not enforce any “unconstitutional prohibition” during the pandemic. The sheriff’s office hasn’t had to issue any citations to the stay-at-home order so far, as people found in violation have been willing to comply, Sheriff Steve Rand said.

"This resolution will not impact how we handle the executive order," Rand said in an email.

The Jackson County board has seven Republicans and two Democrats – the two positions that represent the city of Jackson. Both Democrats have expressed concerns with the resolutions.

“I don’t think it’s necessary for us to send a resolution out like this, at this time,” Commissioner Daniel Mahoney said. “I think everybody knows how severe the situation is.”

Mahoney said he wasn’t sure if Option A would be interpreted as permission for some businesses to open and defy the governor’s order.

The resolutions encourage safe business practices, including wearing masks, avoiding close contact and frequent hand washing. Shotwell also owns Miller Shoe Parlor in downtown Jackson, and said he reopened the store with such precautions a couple weeks ago for essential workers and people with health needs.

He’s heard from businesses across the county upset with the stay-at-home order, with people saying they can operate safely without coming in contact with others.

"I can buy dirt to grow my pot, but I can't buy dirt and seeds and vegetables to feed my family," Shotwell said. "That kind of seems a little backwards."

The county board will consider their resolutions at its 7 p.m. meeting Tuesday. The public can participate in public comment by watching via Zoom. The meeting can also be viewed via YouTube livestream.

The board is also considering furloughs at the meeting, as well as an agreement with a hotel as a potential quarantine facility if needed during the COVID-19 pandemic. Jackson County broke into the top 10 this weekend for most coronavirus cases in Michigan, and now has 260 people who’ve tested positive and 10 deaths.

PREVENTION TIPS

In addition to washing hands regularly and not touching your face, officials recommend practicing social distancing, assuming anyone may be carrying the virus.

Health officials say you should be staying at least 6 feet away from others and working from home, if possible.

Carry hand sanitizer with you, and use disinfecting wipes or disinfecting spray cleaners on frequently-touched surfaces in your home (door handles, faucets, countertops) and when you go into places like stores.

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