Order to close has opened flood of questions
As cities and states continue to shut down their nonessential businesses, what is considered essential will likely vary based on the needs of each location.
Tuscarawas County prosecutor Ryan Styer sent a letter to health commissioner Katie Seward offering guidance in determining what businesses are essential under Ohio’s stay-at-home order. The order from Ohio Department of Health director Dr. Amy Acton has opened a flood of questions from employees wondering whether they are essential or looking at a layoff.
The prosecutor quotes a press release from the attorney general establishing roles during the crisis. The attorney general’s office is “the prosecutor, and the Ohio Department of Health is the police officer.”
The Ohio revised code doesn’t give the attorney general the power to investigate or take action with regard to the order, but they are ready to “pursue legal action on behalf of the Ohio Department of Health.”
Styer said the health department is responsible for investigating complaints about violations of the order. He specifically mentions the social-distancing guidelines and employer obligations as areas that may cause citizens concern.
Residents are asked not to call the health department for a legal interpretation of the order.
Seward said on March 26 and 27 the health department received over 200 calls about nonessential businesses still operating or essential businesses not following social-distancing guidelines.
“We have been following up with businesses regarding the concerns we were fielding,” Seward said in an email.
While Styer said in his letter that his opinion is to be nonrestrictive, he doesn’t intend to act as the “essential business police,” and employers have no duty to report to the health department. He does encourage employers “to seek legal counsel for the interpretation of the order and an opinion of their specific case.”
A notice in the March 28 issue of The Bargain Hunter asks businesses that plan to remain open to email the health commissioner, stating name, location, line of business and section of the order that deems the business essential. Seward can be emailed at director@tchdnow.org.
Section 17 of the order allows state and local law enforcement the authority to enforce the order. Styer’s letter suggests the health department should work with local law enforcement and a misdemeanor prosecutor to issue any necessary citations. He asks how the order is to be enforced in his letter, but there is no mention of fines, citations or other penalties for noncompliance.
Styer closes his letter by pointing to a recent article from The Times Reporter saying lawn care and car dealerships are nonessential. Upon reconsideration, he decided landscapers may fall under 12(K) of the order as “a trade that provides services that are necessary to maintain essential operation of residences where citizens are asked to stay and further the essential activity of outdoor recreation.”
Styer said car dealerships don’t fall into one category but may justify many of their operations as essential under other sections of the order.
Section 16 of the order outlines the intent: to get as many people as possible to self-isolate and “slow the spread of COVID-19 to the greatest extent possible.” Acton has said she expects the virus to peak in early May, and there may be up to 10,000 cases every day. Various news sources offer different interpretations and models for peak activity and the number of cases.
Seward said she expects the virus to follow the same trends in Tuscarawas County as it will for the state of Ohio. While she credits the low number of positive cases in the area to limited testing and expects the number to rise, she said hospitals are prepared for increases.
“The local hospitals have medical surge plans that they are prepared to implement if we see an influx of individuals who require medical attention,” Seward said.
The order is currently scheduled to expire on April 6, although Acton has the authority to rescind or modify it.
Complaints within the city of New Philadelphia should be submitted to the city health department at 330-364-4491 ext. 1208 or www.newphilaoh.com/Health-Department. They are located at 150 E. High Ave., New Philadelphia.
Complaints outside of New Philadelphia should be submitted to the county health department at 897 E. Iron Ave. in Dover or at www.tchdnow.org/. They also can be called at 330-343-5555 or 1-800-860-8302.
The Ohio Department of Health has created a hotline to help answer questions about the virus that can be called at 1-833-4-ASK-ODH. The call center is open seven days a week from 9 a.m. to 8 p.m. They also have an entire webpage dedicated to facts, statistics, frequently asked statistics and more at www.coronavirus.ohio.gov/wps/portal/gov/covid-19/.
The full text of the governor’s stay-at-home order can be found on that page.