Boise City Council approves short-notice ordinance granting mayor emergency power
On Monday, Boise Mayor Lauren McLean declared a state of emergency over concerns about coronavirus. On Tuesday, the Boise City Council approved an ordinance that specifies exactly what power McLean has in a public health emergency.
Under the ordinance, McLean could order Boiseans to take part in social distancing, including by limiting the number of people who may gather in one location, restricting travel and canceling public meetings and hearings.
McLean could issue an “isolation order” to require infected or exposed people to isolate themselves and restrict access to certain geographic areas, or a “quarantine order” that would do much the same but also specify quarantine conditions. If necessary, she could suspend “nonessential” city services or meetings of city commissions such as the Planning and Zoning Commission.
All orders would require her to consult first with the City Council. Violations would be a misdemeanor.
The ordinance would not restrict schools, limit operations of hospitals or critical infrastructure, or limit “activities necessary to buy, sell or otherwise deliver food and necessities.”
State law already grants mayors authority to enforce “any health or quarantine ordinance.” Council member Holli Woodings said Tuesday morning that the ordinance allows the city to eliminate guesswork about what that power means.
“The last time the mayor actually had to use any of these powers was like 100 years ago, and that was related to a disease that sheep had,” Woodings said. “We use these rarely, but they allow the mayor to be nimble and responsive.”
Woodings, speaking at the City Council meeting Tuesday night and getting emotional, said the ordinance showed the council had the mayor’s back. Council President Elaine Clegg said she thought the ordinance would help the city “avert the very worst” of the COVID-19 outbreak.
Council members talked about how such orders would affect restaurants and their owners and employees. Council member T.J. Thomson said he felt the ordinance would provide protection to businesses that closed as a result of an order.
McLean said she would not take the power lightly. She said she asked city attorneys to sit with the American Civil Liberties Union to make sure liberties are not infringed upon and said city officials were looking into ways to make the ordinance tighter in the future.
The council approved the new ordinance unanimously. It heard all three legally required readings of the ordinance Tuesday night so that the new measure could take effect upon passage. Usually, the readings occur at sequential meetings spread over several weeks.
As of Tuesday evening, Idaho had nine cases of the novel coronavirus, which causes COVID-19, three of which were in Ada County. Across the state, 353 people have been tested.
The Centers for Disease Control and Prevention has advised people to distance themselves from others. President Donald Trump on Monday advised people to avoid gathering in groups of 10 or more, to stop discretionary travel and to stay out of restaurants and bars.
Boise City Hall is closed, but the council chambers were open for Tuesday night’s meeting. Only McLean and two members of the council will be in attendance at the meeting; others participated via video chat.
This story was updated at 6:48 p.m. to reflect that the City Council passed the ordinance.
This story was originally published March 17, 2020 at 12:05 PM.
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