As COVID-19 rages, Missouri Republicans push limits on local public health authority
Local health officials across Missouri have deployed extraordinary measures against COVID-19, everything from mask mandates to bans on indoor dining, in an attempt to bring the virus under control.
But Republican legislators, who say they are responding to residents and business owners upset by restrictions, are proposing limits on the scope of public health orders and want to require more levels of approval before they’re implemented.
As the GOP-controlled General Assembly begins its annual session on Wednesday, at least nine bills have already been filed to that would place limits on the power of local health officials. The upcoming fight over their authority marks the latest clash in the Missouri Capitol over local control, a concept praised by lawmakers but often disregarded in practice.
Several bills would require county leaders to sign off on health orders. Others would limit the length of business closures. Some would exempt homes and apartments from any limits on gatherings or other health measures.
Public health advocates warn the changes could hamper pandemic response and, in the case of one bill, strip away all power from local health boards to issue orders. They fear the proposals would inject politics into decision making that should be focused on protecting health.
“The law was set up that way for a reason, it was set up that way to keep politics out of this and to keep politicians out of these scientific decisions,” said Scott Clardy, legislative liaison for the Missouri Center for Public Health Excellence, an advocacy group whose members include local health departments.
The targeting of local health authority is just one example of how the pandemic is driving this year’s agenda. Republicans, potentially with Democratic support, also want to pass a measure protecting businesses from virus-related lawsuits.
But the debate surrounding health orders holds the biggest potential to affect Missouri’s ongoing efforts to fight the virus. More than 17,000 people have tested positive in the last week alone and 63 deaths have been reported.
A few of the health order-related bills wouldn’t be effective until August, after vaccinations have potentially brought the virus to heel. Others would take effect immediately, altering the rules as the virus rages. More than 40 counties and cities have adopted health orders, according to the Missouri Center for Public Health Excellence.
Any changes approved by the General Assembly could also upend the bargain between Gov. Mike Parson and local governments on how to manage the state’s pandemic response. The Republican governor has resisted issuing statewide health orders closing businesses or requiring masks and instead encouraged cities and counties to make their own decisions.
“What’s frustrating now is when the legislature and the governor refused to do their jobs … the local health folks did and now the legislature is trying to come back and say, ‘oh, you did it wrong,’” said House Minority Leader Crystal Quade, a Springfield Democrat.
Parson’s office didn’t comment for this story, but he has frequently emphasized the importance of local control. “Governor Parson has been very clear and consistent about his support for local control. Every individual MUST take action to minimize the spread of COVID-19,” spokeswoman Kelli Jones told the Associated Press in November.
Republicans sponsoring bills to change the rules said they don’t know Parson’s position on their proposals. But they said lawmakers are eager to debate health orders and challenged suggestions they’re undercutting local control.
“I think something will move forward in this area. What it will look like when it gets done, I don’t know,” said Rep. Mike Henderson, a Bonne Terre Republican. “But I think we had seen enough turmoil in a lot of these communities that was—in the middle of a pandemic, we don’t need that turmoil on top of it.”
‘I’m not taking their control away’
Republicans have been particularly frustrated with St. Louis County, where County Executive Sam Page, a Democrat, banned indoor dining in November and issued a stay-at-home order. Page imposed the restrictions as new cases and hospitalizations soared but came under intense criticism from conservatives. Restaurants were allowed to resume limited indoor service earlier this week.
Rep. Jim Murphy, a St. Louis County Republican, is sponsoring a bill that would require health officials to obtain additional approval the longer they want to close businesses, schools, churches or limit gatherings. Under his plan, officials could order closures of up to 15 days. Closures lasting up to 45 days would require a vote of the full governing body. The Missouri Department of Health and Senior Services would have to sign off on closures of up to 90 days.
Anything longer would require approval of the General Assembly or the Joint Committee on Disaster Preparedness and Awareness if the legislature isn’t in session.
“We give them the authority to have that control. So I don’t much worry about that,” Murphy said, dismissing concerns over local control. “I’m not taking their control away from them, I’m just overseeing it.”
Another bill, sponsored by Republican Sen. Mike Cierpiot of Lee’s Summit, would require governing bodies to approve or reject public health orders within 30 days after they’re issued. It also caps fines for violations at $25.
“They hear from all kinds of constituents and can weigh the entire problem, I think, better,” Cierpiot said of requiring approval from county governing bodies.
A bill by Henderson goes further. His proposal would block health orders from going into effect until they’re approved by a county commission. Yet another bill, sponsored by Sen. Cindy O’Laughlin, a Shelbina Republican, would take away the authority of county health boards to issue orders entirely.
“It just removes all of our ability to ensure that things are safe at a local level from a public health standpoint. So that one is clearly a major concern,” Clardy said.
Clardy said bills that require county commissioners to approve orders means involving officials who may not have the technical expertise to make decisions based on science. Health officials are already working to balance protecting health with minimizing damage to the economy, he said.
Health officials are met with criticism from both sides, he said, adding that some people think everything should be shut down while others want everything open. In October, the St. Louis Post-Dispatch reported at least a dozen county health officials from across Missouri had quit since the pandemic began.
“The issue is how much risk a community is willing to take, is really what it boils down to,” Clardy said.
Wendy Parmet, a professor at Northeastern University School of Law in Boston, who specializes in public health law, cautioned against quickly rewriting the law amid the pandemic, saying this is “not the best moment to do that.” The pandemic remains politically contentious, she said.
“It’s really, I think, dangerous if legislatures act in response to the politics of COVID and enact laws without necessarily thinking about their impact for the next pandemic,” Parmet said.
Lawsuit shield sought
As Missouri lawmakers move forward with bills on public health authority, they’re just as likely to protect businesses from COVID-related lawsuits. Legislators attempted to advance a legal immunity bill during a special session this fall, but Parson ultimately dropped the effort, opting to wait to address the issue during the regular session.
Still, the governor has made clear he wants lawmakers to act. In November, he said in a statement that businesses and other groups that aided the pandemic response shouldn’t be penalized.
“They must be able to continue operating and serving the public without risk of unnecessary and frivolous claims,” Parson said.
Sen. Lauren Arthur, a Kansas City Democrat, said she expects public health restrictions will be part of an overall COVID-19 liability package. She said Republicans and Democrats can probably reach a compromise on liability protections, but voiced opposition to stripping control from local health officials.
“I suspect that many of my colleagues, most Democrats but some Republicans, will also have a difficult time accepting that in the middle of a public health crisis we’re going to take away, we’re going to undermine our public health officials,” Arthur said.
