After lengthy public comments, county rejects health ordinance

After hearing over two hours of vehement opposition to a county ordinance that would have allowed enforcement of COVID-19 health orders, supervisors Monday rejected the proposal.

Those opposing the ordinance included pastors, small business owners, a group that said it collected 572 signatures against the measure and numerous individuals who said the ordinance violated their constitutional rights. Besides the dozens of people who showed up at the meeting to speak and cheer each other on, phone calls from those wishing to comment on the proposal rang almost constantly throughout the evening.

Several supervisors said they have received more calls and contacts, primarily opposing the health ordinance, than any other county issue. The ordinance would have allowed health officials to issue citations with financial penalties, limit the size of gatherings and forbid “interference” when inspecting public places.

In a written statement, Trempealeau County Sheriff Brett Semingson added his objections to the proposed regulation. He said it violated both the First and Fourth amendments to the Constitution and said adoption would be “unwise” until several court cases are settled.

Opponents filled the hallways around the board meeting and two rooms in the courthouse where they were given live television access to the meeting. Before the meeting began, there was a brief back and forth among the supervisors and county officials as to whether the attendees should be required to wear masks. Most commenters wore masks when they spoke.

The ordinance was eventually rejected by a 15-to-one vote, with Supervisor Beth Killian, chair of the Board of Health, voting in favor of the ordinance.

The vote came after the board rejected two attempts to send the measure back to the board of health for revision.

At the end of the public comment period, ordinance opponents called on the board to vote up or down on the measure, and Supervisor Richard Sacia said delaying the vote could make the ordinance irrelevant. County health director Barbara Barczak said she couldn’t predict whether a delay in the ordinance would affect the course of the pandemic. “We’re in a situation that’s constantly changing,” she said.

A few callers also voiced their support for the measure, saying it was a reasonable attempt to protect public health and likening it to seat belt and speeding laws.

The dominant sentiment of the evening, however, was opposition.

“We collected signatures from 572 Trempealeau County residents in just 24 hours,” said Heather Fritz. “There could have been 200 more but they were afraid of the repercussions. We call on you to immediately cease all these unlawful acts or you will be held responsible personally and professionally. Legislators can’t outlaw our rights.”

Mark Stauffacher, pastor of the Berean Baptist Church in Galesville, said the ordinance was “overreaching. It would give the health department the right to forbid services. Vote no.”

Seventeen-year-old Maximillian Beedle told the board “tyranny always comes in with the best of intentions.” He said the measure could shut down his parents’ restaurant in Centerville. “So I can’t go to church, but I can go to Kwik Trip, but not a restaurant or in-person school. Even if you vote for this, it will not stop us.”

Numerous small business owners told the board 2020 had already put their livelihoods at risk.

“I’m losing $30,000 a month just trying to keep my doors open,” said Randy Campbell of Arcadia. “Why are we sheltering healthy people? Prior to this pandemic, that has never happened before.”

Though several speakers were critical of Barczak by name, supervisors praised her saying she would never consider some of the stern measures cited by the objections. Read into the meeting Monday was a letter from the state Department of Health Services notifying the county that the health department had achieved a level two designation.

“This is a real honor,” said Supervisor Tim Zeglin, “one that I know (Barczak) has worked years to achieve.”

Corporation counsel Rick Niemeier also noted that the powers delineated in the ordinance for the health director are in line with state statutes.

In other action, the board adopted a resolution calling on the state legislature to convene a special session to adopt consistent statewide policies regarding the pandemic.

Supervisors also:

• Received a summary of how two years of borrowing for road work is being spent. Highway Commissioner Al Rinka said the majority of the roughly $10 million is being spent on county roads, with a smaller portion going to bridge replacement.

• Heard from District Attorney John Sacia that criminal cases in 2020 did not match 2019’s record numbers but were still higher than average.

• Were told by Rob Grover, director of the county’s economic development and tourism effort, that Trempealeau County was in the top 20 percent of counties in terms of tourism visits and spending. Parks director Reed Lally gave an overview of the new boardwalks in Pietrek Park. The board also accepted for the department a $5,823 tourism grant from the state.

• Endorsed a resolution supporting full state funding and a new allocation method for Aging and Disability Resource Centers.