Rural counties rebel against Sisolak orders

As COVID-19 continues to rage across the state, a growing number of rural counties in Nevada are pushing back against the state’s pandemic restrictions.

While the resolutions seek to override many of Gov. Steve Sisolak’s directives relating to restrictions on businesses and public gatherings, the governor and Attorney General Aaron Ford, in a joint statement issued Friday night, called them “mere statements and nothing more,” and said that the counties’ actions have “no force of law.”

Lyon County on Thursday became the latest rural county to rebel against Sisolak’s emergency directives that put restrictions on businesses, with the county’s board of commissioners passing a resolution on a unanimous 5-0 vote that declared a state of economic emergency “due to COVID-19 gubernatorial-mandated regulations and orders.”

The resolution, which mirrors one passed by White Pine County in December, claims that the governor has implemented the restrictions without “meaningful input” from rural communities, which it claims violates their constitutional rights. Elko and Eureka counties have also passed resolutions that call on the governor to lift business and gathering restrictions on rural counties.

Under the resolution, businesses in the county can decide whether or not to implement the governor’s restrictions — such as requiring face masks or adhering to occupancy limits — and it encourages the local district attorney to use his personal discretion in deciding whether or not to prosecute violations of state COVID-19 restrictions.

Lyon County Commissioner Ken Gray, who the county said requested the special meeting to address the resolution, did not respond to requests for comment Friday.

In their joint statement, Sisolak and Ford said they “recognize the tolls this pandemic is taking on all Nevadans.”

“And we are determined to continue working with our local elected officials to protect our residents and support our economy. That said, we believe resolutions like those passed in some of the rural counties are counterproductive and confusing to Nevadans,” they said.

Sisolak and Ford noted that the the governor’s directives have been upheld by the courts and that Ford has spoken with the legal counsel of several local governments regarding the resolutions challenging them, adding that “each counsel has acknowledged that the resolutions had no legal effect.”

“Far from helping, resolutions like this send mixed messages to their residents and businesses — implying that they need not comply with Emergency Directives when, in fact, they must,” their statement added.

Caleb Cage, the state’s COVID-19 response director, said Friday that he was disappointed that the local governments are using the pandemic restrictions to score political points, adding that he understands “that they have a political constituency that they are trying to appease by doing this.”

“I think it’s an unfortunate political posture. It’s not helpful for protecting the community health and economy throughout the state,” Cage said.

Despite the moves against the state, Cage said that their relationship with local government officials in those rural counties— including the commissioners who brought the resolutions — “remains positive,” and that the dialogue that happens away from public view with those officials have been supportive.

Cage said that there will be discussions going forward between the attorney general’s office and the local government attorneys about the enforcement of the resolutions.

“It’s where we’re at right now,” Cage said. “And we’re going to keep working with the folks in the community who are willing to partner with us on making sure that we’re prioritizing health, security, safety and economic viability throughout the state”

Contact Capital Bureau Chief Colton Lochhead at clochhead@reviewjournal.com. Follow @ColtonLochhead on Twitter.