City Council Balks At Ordinance Setting $50 Fine For Those Who Disobey Mayor's Shelter In Place Order

  • Tuesday, April 21, 2020

Members of the City Council have balked at a proposed ordinance setting a $50 fine for those caught by police violating Mayor Andy Berke's Shelter in Place executive order.

Councilman Jerry Mitchell asked where the ordinance had come from, saying Mayor Berke told him he did not ask for it.

City Attorney Phil Noblett stepped in to say his office sought the ordinance after finding that the city had little on the books dealing with how to handle civil emergencies, such as the current coronavirus crisis.

He said, "We were just trying to give some guidance to the police department."

Councilman Mitchell said items going before the council should come through at least two council members or the mayor's office. He said he planned to table the ordinance at the 6 p.m. meeting. Several council members volunteered to second the motion.

Councilman Mitchell said the move may have had "good intentions," but he said, "I am not sure we would want to go down this road. It seems a little bit like a police state."

Councilwoman Carol Berz said state law on civil emergencies was "vague and over-broad," and she said, "That needs to be tightened up if we're going to do anything at all."

Councilwoman Demetrus Coonrod said those putting items on the agenda "have got to follow the rules."

She said of the ordinance, "I see all kinds of problems with it."

Councilman Anthony Byrd said, "We do need to implement some way to deal with" violations of the order. He said there are some gatherings going on in his district, and some businesses complain that others in their category are continuing to operate."

He asked that the ordinance go into committee, but no one else commented.

At the 6 p.m. meeting, the council tabled the ordinance unanimously.

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