Whatcom sheriff urges ‘sound and reasonable efforts’ in battle against coronavirus
While one county sheriff in Washington state took to social media to question Gov. Jay Inslee’s “Stay Home, Stay Healthy” order Tuesday evening, Whatcom County Sheriff Bill Elfo on Wednesday urged residents to continue using caution to fight the COVID-19 pandemic.
“I urge all citizens of Whatcom County to continue sound and reasonable efforts to prevent the expansion of the disease and communicate their solutions and ideas to the Governor and their Legislative representatives who have the ability to implement them,” Elfo wrote on the Whatcom County Sheriff’s Office Facebook page Wednesday afternoon, April 22. “I intend to do the same.”
Elfo’s comments came less than 24 hours after Snohomish County Sheriff Adam Fortney on his personal Facebook page questioned his perceived lack of vision and direction to get Washington back to business in Inslee’s televised speech Tuesday evening.
“To be quite honest I wasn’t even sure what he was trying to say half of the time,” Fortney wrote. “He has no plan. He has no details. This simply is not good enough in times when we have taken such drastic measures as the suspension of constitutional rights.”
Fortney wrote he believed Washington’s government reaction to the coronavirus pandemic no longer fits the data being seen and may even be making the situation worse.
Fortney also questioned the decision-making process about which businesses were allowed to continue operating and which were forced to suspend business, creating hardships for employees and their families.
“The impacts of COVID-19 no longer warrant the suspension of our constitutional rights,” Fortney wrote, adding that Snohomish County deputies would not enforce an order that prevented religious freedoms or constitutional rights.
A day earlier, Franklin County Sheriff J.D. Raymond sent a letter to residents saying he also would not enforce Inslee’s order.
Elfo’s post, meanwhile, stated that sheriffs do not have the authority to declare any law or order unconstitutional, as that power is reserved for the courts, while the legislature also has authority to rescind emergency orders in special session.
“As your Sheriff, I am accountable to the public and am ensuring their rights are protected,” Elfo wrote. “I am committed to ensuring that existing laws are not enforced in (a) manner that violates the Constitution. It is imperative that the actions of deputies reflect common sense, sound judgment and law.”
The Whatcom County Sheriff’s Office’s resources will be utilized against activities that “pose actual risks to the community,” Elfo wrote, adding that his deputies are asked to used good judgment to emphasize education.
“While deputies are prepared to resort to enforcement action if someone refuses to desist in continuing with behaviors that actually place others at risk, there has not been a single instance to date where citizens have ultimately not understood and cooperated,” Elfo wrote.
Earlier Wednesday, the Whatcom County Health Department reported there have been 281 residents who have tested positive for COVID-19, 27 of which have died. All 27 people who have died have been 60 or older, and it is those people and others at risk that Elfo urged Whatcom residents to work to protect.
“It is important that everyone exercise caution to ensure all activities are carried out in a manner that reduces the risk of spreading the virus,” Elfo wrote.
Inslee and state Attorney General Bob Ferguson issued a joint statement Tuesday in response to the criticism of the stay-at-home order and Frotney’s Raymond’s plans to disregard enforcement of it, saying:
“People’s lives are deeply impacted by this crisis. We are working hard to turn the tide on COVID-19 and begin lifting restrictions. These decisions are guided by science. Our priority is keeping Washingtonians healthy.
“The Governor’s Office sent a letter to Franklin County commissioners this morning making clear their action on Tuesday does not change the fact that businesses and residents in their county must follow the state’s emergency orders to keep everyone healthy.”
The statement went on to say that prosecutors in Franklin and Snohomish counties have said they feel the order is legal and that misleading business owners and individuals to disobey the order is “putting people’s health at risk and potentially putting them on the wrong side of the law.”
Though Washington’s 39 sheriffs are independently elected, Washington State Sheriff’s Association President John Snaza said in a statement Tuesday, “we all share a common goal of protecting public safety and public health in response to the unique challenges of the COVID-19 crisis.”
“We are committed to educate, engage, and in extreme situations where public safety and health are at risk, use our discretion in considering the appropriate level of enforcement. It is what we have always done, and will continue to do, during this crisis,” Snaza wrote. “The citizens we serve expect and trust us to do what we have been empowered to do—not more, not less, but with compassion and discretion.”
This story was originally published April 22, 2020 at 3:28 PM.
