Despite some liability and funding concerns, the Madison County Board of Health voted to begin reopening the county with 26 voting for the resolution and two voting against it Tuesday.
Board members Michael “Doc” Holliday, Sr. (D) and Victor Valentine Jr. (D) voted against the resolution.
During the meeting, Valentine said that most of his constituents asked him to vote yes, but some were concerned about safety. He said he empathizes with small businesses and is in favor of reopening the county, but said he does not want to violate Gov. J.B. Pritzker’s orders.
“If this is going to go against the executive order of the governor, I can’t be in favor of it,” he said.
Holliday said Pritzker's April 30 executive order extending a stay at home order through the end of May should not be violated even if local officials authorize reopening.
"It is imperative that licensed businesses continue to abide by the business restrictions required by the order," he said.
Holliday questioned what the consequences would be if businesses opened up in violation of Pritzker's orders. He also questioned whether Madison County had the appropriate resources to safely and effectively reopen and to handle a potential increase in coronavirus cases.
The vast majority of board members supported efforts to begin a phased reopening plan, noting that a majority of their constituents want to re-open and work toward mending the county’s economy.
Board member Judy Kuhn said she understands the concerns of those who are against the resolution, but said far more people are in favor of it and said it is her duty to be the voice of the people.
“The legislators at every level of government should be the voice of the people,” she said. “This is a government by the people. Legislators are employees of the people. Legislators can give guidelines, but when the people feel their voices are not being heard, our freedom really does cease to exist.”
Kuhn also said small businesses are being forced to close while big establishments being allowed to run as usual, and families are restricted on the number of people that can be gathered, causing depression and other health concerns.
“I think this pandemic has instilled a fear in all of us, myself included,” she said. “Is it possible that fear is the worst pandemic of all? I don’t know. I do know this country was formed one nation, under God, with liberty and justice for all.”
In addition to their support of the resolution, there were still some concerns to keep in mind as the county moves forward with the plan.
Board member Mike Parkinson supported the resolution, saying it puts forth their bi-partisan beliefs as they all stand in solidarity in supporting guidelines by the Centers for Disease Control (CDC).
However, Parkinson said he would have preferred to see a lawsuit filed against Pritzker before reopening.
“I want our businesses to get back open, and I still say the best possible way for us to do that is through a lawsuit against the government for imposing what we see is unlawful sanctions against our businesses and our freedoms. And I implore this committee (for) real meaningful legislation. To come forward with a lawsuit and get an injunction against the government to stop them from doing this so we can really get our people back to work.”
He said that by reopening without first filing a lawsuit, businesses must be aware of the liabilities and possible retribution if they do not follow CDC guidelines.
He added that businesses must also be aware of insurance risks. Parkinson explained that insurance companies may refuse litigation coverage for businesses that violate Pritzker’s orders.
Board member Kristen Novacich-Koberna was in support of the resolution, but urged the board to table the vote until they fully understood what ramifications could result from violating Pritzker’s orders, including funding and licensing concerns.
“We need to be cautious because we don’t want to put anyone in harms’ way,” she said.
Specifically, during Tuesday's daily news conference, Pritzker said he would consider withholding federal funds for those who violate his orders.
Board member David Michael, who is currently running for county auditor, stated that he was honored to vote in favor of reopening Madison County but urged businesses to consider risks before opening.
“Please, keep in mind that businesses licensed by the State of Illinois need to assess the risks involved with re-opening,” he stated. “Businesses also need to discuss the risks of re-opening involved with their liability insurance company. As a County, we have no control over the state or the insurance companies. I cannot stress those aspects enough.”
State’s Attorney Tom Gibbons reiterated during the meeting that the resolution just paves the way for businesses to open if they choose and the guidelines are not legally enforceable. He said the mayors of Madison County municipalities would maintain their authority in determining how they respond.
He added that in regards to the legality of Pritzker’s orders, he said to assume something is legal until it is proven not to be.
The original resolution was put before the Board of Health – which consists of members of the Madison County Board – on May 8, but a vote was tabled so board members and State’s Attorney Tom Gibbons had more time to review and research.
In response, a seven-member panel was put together and met twice online over the weekend with Gibbons tasked with forming an amended resolution. The panel included David Michael (R), Ray Wesley (R), Erica Harriss (R), Chrissy Dutton (R), Chris Hankins (D), Matt King (D) and Gussie Glasper (D).
The panel used the original resolution as a template and added a phased plan to re-open Madison County’s economy.
“In my opinion, this was a good-faith, bi-partisan effort to form a plan to re-open Madison County in a way that balances a)public health, b) our constitutional rights, and c) our economy and jobs,” Prenzler stated prior to Tuesday’s meeting.
Prenzler added that Madison County’s unemployment numbers show that there were 915 unemployment claims in January. Since then, there have been just under 15,000 new unemployment claims through April.
Prior to the vote, Harriss said this is a time to make tough decisions.
“Most of us find ourselves in office or positions of influence because we care about people and we want to make a difference in our communities. Sometimes these decisions which come upon us are not easy. This is certainly one of those times.
“Here in Madison County, like the rest of the county, there has been a wave of information, panic, overall feeling of anxiousness and frustration at the recent changes in our communities. We’ve come together to ‘do our part’ to flatten the curve, keep our neighbors and loved ones safe. That is commendable. While numbers locally are up, we are testing more people, and the curve in the county is going down.
“As a member of the ‘opening up Madison County again’ committee, I’ve talked to numerous business owners over the last several weeks. Many are feeling increasingly devastated, many have not received any assistance. Some feel as if they are being treated unfairly, as they could open with the same safety precautions as the ‘essential’ business are currently operating under. These small businesses have relationships with their customers and clients. They care about them. They certainly don’t want to endanger anyone, and they understand that customers also need to feel safe to venture back out to their businesses,” she said.
“The pandemic’s impact has been diverse,” she added. “We must remember its impact and its far reach. A shutdown is not a long term solution. Now it’s time to have conversations and make tough decisions on how to safely open.”
Harriss also said she listened to the Health Advisory Board meeting and learned that there are concerns other than COVID-19 which must also be considered when deciding how to move forward with this pandemic.
“A dentist on the call shard how patients with minor issues have not been able to be seen, and these minor issues are now becoming threatening emergencies. A pediatrician on the call mentioned a percentage of children who are no longer getting immunized and that we are opening ourselves up to new disease. Another healthcare professional talked about mental health, and the impact this is having on people. The local news celebrated recently the low number of child abuse numbers, while a friend in the industry shared with me how this is not actually reason for celebration – that numbers have not likely decreased, but we are simply not helping these vulnerable kids, as they are no longer attending school or daycare where mandated reporters provide a lifeline,” she said.
During the Board of Health meeting on May 8, Madison County Health Department Administrator Toni Corona said she has concerns about how Madison County could safely reopen.
“The increased work that the resolution potentially implies on the health department’s part, bring it on, but I’m going to tell you, hear me loud, we’re back here holding on by our fingernails right this second,” Corona said. “There will be a lot of consequences intended and unintended certainly as we continue on in this response. You know, that’s probably my greatest pause.”
Corona said her office of 30 staff members is 100 percent focused on COVID-19, and she is concerned about the added workload.
Committee member Don Moore asked Corona specifically how the resolution would impact her department and how the county board can help. She responded that she would need time to think about what help her and her office will need.