EDITORIAL: ‘Sanctuary’ counties fight coronavirus restrictions

Gov. Steve Sisolak’s pandemic edicts limit businesses throughout the state. The most vocal opposition is now coming from a handful of rural counties.

Late last month, Lyon County commissioners unanimously passed a resolution declaring an economic emergency. It took specific aim at the measures Gov. Sisolak has imposed. The board “respects the right of each business and organization to determine how and if to implement those directives relative to their business model.”

Commissioners can’t officially overrule the governor, but they did undercut him. They encouraged local law enforcement not to prosecute those who don’t follow state directives. The resolution also earned an A for creativity by requiring state officials who live outside the county to quarantine for at least 10 days before conducting compliance inspections.

They’re not the first to formally register their objections. White Pine and Elko counties have passed similar resolutions. A few days after Lyon County, Nye County officials registered their displeasure as well.

Unsurprisingly, Gov. Sisolak and Attorney General Aaron Ford aren’t happy. “Resolutions like this are mere statements and nothing more,” they said in a joint statement. “They have no force of law and cannot override the governor’s emergency directives.”

Perhaps. But discouraging the enforcement of a law or regulation can produce a de facto policy change.

Consider sanctuary cities, a concept many left-leaning jurisdictions embraced to defy President Donald Trump. Local governments refused to work with federal immigration officials to deport illegal immigrants who had been arrested on non-immigration charges. These local governments didn’t change federal law, but they did reduce deportations.

President Joe Biden is doing something similar. On his first day in office, Mr. Biden issued a 100-day “pause” on many deportations. At the time, Gov. Sisolak publicly applauded Mr. Biden for the move. Republican opponents have tied that order up in court.

It’s easy to see the parallel between the actions of Mr. Biden and Lyon County. Call it prosecutorial discretion. Rather than change the law, each is pushing not to enforce the parts of it they oppose. Now that the shoe is on the other foot, Gov. Sisolak isn’t a fan of this concept.

The governor said he hopes to transfer many virus decisions to local authorities by May 1. That will be good news for rural counties. But this dispute highlights the dangers of ignoring underlying principles to achieve an immediate outcome. Your political opponents may at some point end up using your own tactics against you.