LOCAL

Winnebago County passed a COVID-19 ordinance giving its health officer more enforcement powers. What happens now?

Oshkosh Northwestern

OSHKOSH - From the start of the pandemic, Winnebago County leaders have debated how to address surging COVID-19 cases.

For five months they argued over an ordinance to give Health Officer Doug Gieryn the ability to enforce health orders in an effort to fight the spread of communicable diseases. Hundreds of residents attended board meetings over the summer and fall to say the ordinance was an overreach of government power.

And then during the board meeting last week, board members approved the ordinance 20-16, leaving residents, both those who approve and oppose the measure, wondering what happens next.

The ordinance gives Gieryn the power to enforce orders to prevent the spread of communicable diseases, such as COVID-19, that do not include a general workplace shutdown.

How does the process work?

The Winnebago County Health Department would draft an order and release it to the public in an advisory status. The order would then go to the County Board for a vote before it took effect, and the board can always overrule Gieryn's order.

Even with the ordinance approved, there were no orders on the board's agenda for consideration as of Wednesday.

"We really don't want to go to an order unless we feel that it's absolutely necessary. We try to do things in the least restrictive way possible. Just because we have the power, doesn't mean we're going to just start issuing orders," Gieryn said.

County leaders said they would consider drafting a local order if the statewide mask mandate was lifted in the future.

"I'm very fearful if there's no mask order in place, that there could be community transmission that could be very dangerous," County Executive Mark Harris said.

Those who violate orders could face fines of $100 to $500 and the suspension of any license issued by the Winnebago County Health Department, such as food safety and recreational licenses.

The Oshkosh Chamber of Commerce and Wisconsin Manufacturers & Commerce hired Madison-based attorneys to fight the ordinance and sent a letter last month calling the ordinance illegal.

Attorney Ryan Walsh with Madison-based Eimer Stahl declined an Oshkosh Northwestern reporter's request for an interview after last week's meeting about whether his firm would pursue a lawsuit on the chambers' behalf.

Oshkosh Chamber of Commerce President and CEO John Casper said if the county does end up enacting any health orders, officials will have to assess them at that point.

"I guess we'll just have to stay tuned," Casper said.

How they voted

Here's how the Winnebago County Board voted on the ordinance giving the health officer the power to issue fines or suspend licenses for violating county health orders:

Ayes: Konetzke, Borchart, Ramos, Lenz, Spellman, Konrad, Bolante, Gordon, Wingren, Norton, Schellenger, Buck, Powers, Locke, Cox, Finch, Youngquist, Farrey, Keller and Snider
Nays: Brunn, Eisen, Defferding, Neuhoff, Nussbaum, Gabert, Albrecht, Binder, Schorse, Lautenschlager, Warnke, Zellmer, Rasmussen, Egan, Ellis and Joas

Contact Alex Groth at agroth@gannett.com. Follow her on Twitter at @grothalexandria.