What’s still open? What do I need to do? Here’s what to know about Boise’s new health order
Boise Mayor Lauren McLean announced Thursday that the city would begin enforcing its health order requiring masks to be worn in businesses, leading to potential penalties for people and businesses who refuse to follow the guidelines.
The decision follows a panel with health executives earlier this week who told McLean that without change, hospitals were going to continue to be overwhelmed.
But what exactly is changing with this new order? When does it start? And what does it mean for you and your family?
Send your questions to Statesman reporter Hayley Harding by emailing her at hharding@idahostatesman.com or calling or texting 208-377-6481.
What’s changing? When does the order take effect?
The biggest change from this order and the last one is the planned enforcement. In the past, the city has repeatedly focused on educating violators, which McLean said in April was an effort to make sure that the city wasn’t creating an extra backlog for the court system or for the jail.
Now, however, McLean will direct police to assist businesses where customers are not following their protocols. If a customer is not following COVID-19 guidelines and a business needs assistance, the business can call the police department’s non-emergency dispatch line at 208-377-6790. Boise police will respond at the request of businesses and can issue citations for or even arrest people who do not comply with a business’s protocols but refuse to leave.
The order goes into effect at 12:01 a.m. on Monday, Nov. 23. McLean said Thursday during a press conference that allowing a few days before it takes hold is to give businesses time to prepare if they need it.
If a business is refusing to follow public health orders, customers can file complaints with the city clerk’s office starting Monday at 208-608-7040. That hotline will be available until the order is lifted.
According to a news release from the city, city officials will inspect those businesses licensed by the city and will refer others to Central District Health. The city will inform businesses of the complaint and educate them on the public health order, including potential consequences for not adhering.
Businesses that are licensed by the city and “pose a clear and immediate threat to the health, safety and welfare of the public” may have their city licenses suspended immediately for at least 10 days on the first violation, according to the news release. The second violation would lead to a suspension of at least 20 days, and a third could lead to a business losing its license for a full year.
The order continues to require people to wear masks and to socially distance whenever possible.
It also limits city meetings and restricts access to city buildings — see more on that below.
Is this a new shutdown?
It’s not a full shutdown like when McLean ordered restaurants to close dine-in services in March, but almost all city buildings will be closed to the public until at least Jan. 15.
That includes:
- Boise City Hall
- City Hall West
- All city libraries
- Boise Depot
- James Castle House
- Boise WaterShed
- Foothills Learning Center
- Boise Urban Garden School
- Fort Boise Community Center
Idaho IceWorld, the Boise Senior Center and Boise city pools will all be closed through next summer. Curbside lunch service will still be available at the Senior Center.
McLean said those decisions are both for public health and for “fiscal reasons.”
Why are restaurants still allowed to be open?
Seth Ogilvie, the mayor’s spokesperson, said that the new enforcement rules are supposed to help restaurants that are being safe to stay open and help others become safer.
“Under this order, if restaurants do not take the steps needed to keep their employees and customers healthy and safe, they will not remain open,” Ogilvie said in an email.
Bars must follow guidelines put in place by Central District Health, according to the order, and bicycle bars are closed.
What happens to the employees who work in the facilities that are closing?
McLean said Thursday that the city is repurposing staff wherever possible.
“If there are staff at specific facilities that can help provide services at others, we’re working to do that,” she said.
It’s not clear where staff members may go or what jobs they may do, but in the spring when facilities closed, many staff members were called upon to become “social ambassadors” who visited parks and other public spaces and remind people to wear masks and to social distance.
What is the penalty for not following the order?
Businesses face suspension of their licenses — see more on that above.
The penalty for people who refuse to follow the order is different. Here’s what the order says:
“Individuals and businesses within Boise City are urged to voluntarily comply with this Emergency Order No. 20-13. In accordance with Boise City Code Section 1-15-10, any person who knowingly violates the provisions of this Emergency Order No. 20-13 shall be guilty of a misdemeanor, punishable by fine, imprisonment, or both.”
Here’s what that means in more plain language: You’re encouraged to follow the order just on your own. If you violate it, the penalty is a misdemeanor that could land you with a fine, jail time or some combination of the two.
The penalty for a misdemeanor in Boise is a fine of up to $1,000 or six months in jail. Ogilvie said that charges would “really depend on the circumstances specific to the situation,” though.
Generally, penalties would probably be considered trespassing, he said.
“Depending on the circumstances, trespass may be an infraction, punishable by a $300 fine, or a misdemeanor, punishable by up to 6 months in jail and a fine of $500 to $1,000,” he wrote in an email to the Statesman. “It could also be resolved with no penalty or charge at all.”
This story was originally published November 20, 2020 at 12:03 PM.
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