Missouri Republicans Hope To Limit Local Control Over Public Health Orders

From the Missouri Independent:

Jason Hancock

December 1 2020

A group of Republican lawmakers joined together on Tuesday to announce they will pursue legislation aimed at curbing the authority of local governments to shut down businesses to combat the spread of COVID-19.

The GOP legislators, led by state Sen. Andrew Koenig of Manchester, were inspired by the public health order issued in St. Louis County last month that temporarily closed indoor dining in bars and restaurants.

The order came as COVID-19 continued to spread unabated in Missouri.

In November, the state reported 116,576 new COVID cases — more than double the 57,073 reported in October. On Tuesday, the state topped 4,000 COVID-related deaths. Hospitals around the state are sounding the alarm that they are dangerously close to being overwhelmed.

Koenig said that there is no doubt that the virus is real and it is dangerous. But he argued there is no evidence that shutting down restaurants will have an impact. Additionally, he said St. Louis County Executive Sam Page overstepped his authority in issuing the order.

“The county executive doesn’t have the right to create law,” he said.

Under Koenig’s legislation, a local government would only be able to issue an order shutting down businesses for two weeks. At that point, both chambers of the Missouri General Assembly would have to approve, and the governor would have to sign, any extension.

The House and Senate only meet January through May, but Koenig argued that either the governor or lawmakers could call a special session should a need arise while the legislature was adjourned.

Among the other provisions in Koenig’s bill include a prohibition on imposing restrictions on religious institutions and a waiver of property taxes on a business shut down by a health order.

Rep. Jim Murphy, R-St. Louis, filed a similar bill earlier this year that would have allowed for businesses to be ordered closed for 15 days. Longer orders would have to be approved by the local governing body, the state department of health, or, if more than 90 days, the General Assembly.

“Killing small business will not kill COVID,” Murphy said Tuesday.

In a statement to St. Louis Public Radio, Page accused the group of legislators of playing politics.

“I will continue to support the recommendations of our public health directors and the pandemic task force,” he said. “Hospitals are overrun and our healthcare workers are begging for reasonable public health decisions. The election is over. Stop politicizing the pandemic.”

The GOP push to limit local control sets up potential conflict with Republican Gov. Mike Parson.

Parson’s strategy throughout the pandemic has largely been to rely on local governments to enact restrictions for their own communities. With that philosophy in mind, he’s strenuously resisted calls to enact statewide restrictions or mask mandates, and has also defended local officials who enact their own regulations.

Last month his office reiterated that the governor “has been very clear and consistent about his support for local control.”

Parson’s spokeswoman didn’t respond to a request for comment on Tuesday.

The Missouri Independent is a nonpartisan, nonprofit news organization covering state government, politics and policy. It is staffed by veteran Missouri reporters and is dedicated to its mission of relentless investigative journalism that sheds light on how decisions in Jefferson City are made and their impact on individuals across the Show-Me State.