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Dickinson claims Michigan health orders go too far

IRON MOUNTAIN — The Dickinson County Board adopted a resolution Monday on a 4-1 vote that acknowledges COVID-19 as a serious threat but asserts Michigan health orders have placed undue burdens and restrictions on local businesses and employees.

It says, in effect, the county won’t interfere with establishments that operate with proper health precautions, including personal protective equipment and social distancing. The resolution, however, is largely symbolic as other governmental units — including the state — have their own enforcement powers.

The board’s resolution in support of businesses and organizations says individual entities have full liability for their decisions and actions. It also states Michigan law still applies, as does the authority of the Michigan Department of Health and Human Services and Michigan Liquor Control Commission.

It cites no health information or legal ruling in support of its claim the Michigan Department of Health and Human Services has eroded the constitutional rights of citizens.

Commissioner John Degenaer Jr., who voted no, said the resolution carries a risk in that it may serve — in the minds of some — to minimize the importance of public health orders.

The resolution was introduced by Commissioner Barbara Kramer and supported by Chairman Henry Wender and commissioners Joe Stevens and Ann Martin.

Here is the full text of the resolution, which was added to the agenda during the Zoom meeting and not made available Monday:

Whereas, the Dickinson County Board of Commissioners met in regular session on Jan. 25, 2021, to review and vote to approve and distribute the following, which is specified as the “Dickinson County Resolution in Support of the Businesses and Organizations in Dickinson County”;

Whereas, the members of the Dickinson County Commission stand in support of the businesses and organizations of Dickinson County, Michigan;

Whereas, Dickinson County is now entering into the second year of a pandemic caused by the SARS-CoV-2 Virus (COVID 19) which has significantly and negatively impacted Dickinson County residents and businesses;

Whereas, the threat from COVID 19, though serious, has resulted in a thwarting of personal freedoms without sufficient regard for ongoing and potentially irreparable economic, emotional, educational and other societal impacts;

Whereas, the Michigan Supreme Court has ruled that the COVID 19 business shut-downs are unconstitutional and the orders of the Michigan Department of Health and Human Services (MDHHS) have disallowed any degree of personal accountability, eroded constitutional rights of citizens, and have placed undue burdens and restrictions on local businesses and local employees;

Whereas, the owners of restaurants, bars, taverns, businesses and other establishments have been forced to shut down because of directives issued by MDHHS;

Whereas, MDHHS has issued these orders without providing funding or sufficient guidance for the enforcement of such orders;

Whereas, it is the right and responsibility of individuals to self-determine what is best for their own health, liberty and pursuit of happiness; and they cannot be compelled to either avoid or patronize business establishments in Dickinson County;

Now, therefore be it resolved, the Dickinson County Commission shall support no endeavor financially or through ordinance that will in any way single out, harm or discriminate against any business owner who operates their establishment with proper sanitizing, PPE and social distancing measures in place;

Be it further resolved, the Dickinson County Board of Commissioners calls upon the citizens of Dickinson County to act responsibly with regard to the safety and well-being of others while determining what is best for themselves, for their families and loved ones, and while contending with the ongoing risks associated with COVID 19;

Be it further resolved, that it is incumbent upon businesses and other establishments to use best practices to operate in a manner that minimizes risk to patrons, their employees and the community, while protecting the success and sustainability of their businesses;

Be it further resolved, the members of the Dickinson County Board of Commissioners advise and warn local businesses that all businesses and organizations shall assume full liability for their decisions and actions and this resolution does not supersede the authority of Michigan Compiled Law, Michigan Department of Health and Human Services and Michigan Liquor Control Commission;

Be it further resolved, Dickinson County shall be held harmless in all matters related to this resolution;

Be it further resolved, the Dickinson County Commission directs that this resolution shall be sent to all 83 Michigan counties, the State of Michigan House, The State of Michigan Senate, and the Office of Governor Gretchen Whitmer.

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