Sunday, March 7, 2021

Johnson Seeks To Limit Governor Mike DeWine's Emergency Powers

 

State Sens. Terry Johnson, R-McDermott, and Rob McColley, R-Napoleon 

Governor Mike DeWine on March 4, 2021, told Ohioans …

So tonight, I am announcing that when Ohio gets down to 50 cases per 100,000 people for two weeks, all health orders will come off. Cases per 100,000 people for a two-week period is a measure we have used since early in the pandemic. We show these numbers every week at our press conferences.

Achieving this goal is very doable.

We can and we will do this! Let me put these numbers in context.

On December 3, 2020, Ohio was at 731 cases per 100,000 people over the previous two weeks. On February 3, 2021 -- one month ago -- Ohio’s cases were down to 445. And just yesterday, we were down to 179 cases.

In three months, we’ve gone down 550 cases per 100,000 people. Over the last month, alone, we’ve gone down 265 cases per 100,000. Ohio is on the right path to get to us to 50, and this is thanks to the vaccine and the hard work Ohioans are doing every day to help mitigate the virus.

Our path back is by continuing forward -- by wearing that mask and getting that vaccine. And while no one will be forced to take the vaccine, the more of us who can get vaccinated quickly, the more complete our victory, and the more confidently we can put this behind us.

Ohio -- THIS IS our path back.

We are now in the last few miles of what has been a grueling marathon.

We’re tired.

But -- no marathoner pulls out on purpose at the 25-mile marker.

They know that they are almost to the finish line. THAT is when the marathoner digs even deeper from within to marshal the will to go on to that finish line. In the words of Ohio State legend and Olympic hero Jesse Owens, that is the moment when we cannot “give in to the pain” and “instead of going to the limit,” we must go past it because that is “where victory is always found.”

Ohio -- we must run through the tape at the end of this race! We need to keep going. We need to finish the job. And we need to finish strong!

My fellow Ohioans -- we can do this!”

    FROM PREPARED ADDRESS TO OHIO, OHIO GOVERNOR MIKE DEWINE, THE OHIO STATEHOUSE: COLUMBUS, OHIO, MARCH 4, 2021

In November 2020, faced with skyrocketing numbers of new Covid-19 cases in his state, Ohio Governor Mike DeWine risked antagonizing his own Republican Party by reimposing a statewide mask mandate and bolstering it with some additional tougher guidelines.

DeWine did this as the number of new cases in Ohio jumped by 96 percent over the past two weeks and after nine straight days of logging 4,000 or more new Covid-19 infections a day in the state. A third wave of the coronavirus had hospitals on alert and Gov. DeWine was more concerned than ever. Ohio was in a state of emergency.

Dewine said then …

We can’t surrender to this virus. We can’t let it run wild until enough of us get the vaccine. It’s advancing quickly and seeking victims in every community in Ohio. If you don’t know any of its victims yet, sadly, I suspect you will.”

(Lindsey Watson. DeWine issues new, restrictive coronavirus measures.” WKBN First News 27. November 11, 2020.)

Like the order that DeWine issued in July, the new mandate required that Ohioans wear face coverings outside when it was not possible to keep 6 feet away from other people.

But it also included three new provisions.

1. It required businesses to post signs that said masks are required at public entrances.

2. It put the onus on stores to make sure that employees and customers were wearing masks.

3. And it also created a Retail Compliance Unit that did inspections to ensure compliance.

Businesses that failed to comply got a written warning for the first offense. If it happened again, a store or business was closed for up to 24 hours.

Dewine stressed that what each person does in his or her own life impacts all of us. He warned …

This surge is much more intense, widespread and dangerous. We are now at the most crucial phase in this pandemic.”

And, Governor DeWine was right.

On November 19, 2020, DeWine enacted a statewide curfew. The curfew did not apply to those going to or from work, those who have an emergency, or those who need medical care. The initial curfew called for Ohioans to stay home and businesses across the state to close from 10 p.m. until 5 a.m. daily. Those hours were softened with the governor rolling the curfew back until 11 p.m. in late January.

As of February 11, 2021, Dewine lifted the statewide curfew after COVID-19 hospitalizations in Ohio fell below 2,500 hospitalizations for the tenth straight day.

(Staff. “Ohio curfew lifted as COVID-19 hospitalizations continue to decline.” 10TV. February 11, 2021.)

On February 17, 2021, Republican lawmakers passed through the Senate the latest legislative action aimed at limiting the emergency powers of Ohio’s governor. The Senate bill introduced last month by lawmakers would establish “checks and balances” on fellow GOP Gov. Mike DeWine’s ability to issue and keep in place executive action during an emergency.

The bill would create a committee that would have the power to rescind executive actions taken by any governor or state health department through a concurrent resolution, which requires a simple majority from the House and Senate. The latest draft of the bill was altered on February 17 during a Senate committee on oversight to reduce the number of lawmakers making the final say on orders in the committee from 10 to 6.

Proponents of the bill believe DeWine and the state health department have issued orders that have remained enacted for longer than necessary and, as a result, have unduly damaged small businesses and the state’s economy.

Sen. Terry Johnson, a Scioto County Republican and sponsor of the bill, felt that people have relied too much on the governor during the pandemic, which he felt was an overextension of executive branch power.

Johnson said pastors who struggled with reopening churches for in-person services often questioned what the governor thought. DeWine never closed churches during the pandemic but he told religious leaders to be careful about the virus’ spread.

Johnson, a licensed osteopathic physician, said …

Since when do pastors in America look to the governor of any state to decide whether they’re going to have a religious service or not? You look to God. You don’t look to the governor.”

(Laura Hancock. “Despite veto vow, Ohio Senate passes bill to curb Gov. Mike DeWine’s authority over coronavirus orders.” cleveland.com. February 17, 202

The senator’s comments mirrored those made by DeWine where he once again indicated his disdain for efforts made by fellow GOP lawmakers to pass such legislation.

Gov. Mike DeWine has vowed to veto the bill, which is the latest attempt by the Republican supermajority in the General Assembly to curb his powers. The legislation is the latest instance of a nearly eight-month struggle for DeWine to balance public safety while maintaining a healthy economy.

We’re not out of this yet,” DeWine said. “We cannot declare victory.”

DeWine, who vetoed a similar Senate bill in December, called the legislative action unconstitutional and “a grave mistake.”

This bill is extremely dangerous. We are in a 100-year pandemic,” Democratic Sen. Cecil Thomas said Wednesday. “People are still dying as a result of this particular pandemic. This is not just a state of emergency for our storm or a flood or whatever the case may be. This is a state of emergency, because the virus is killing Ohioans.”

(Farnoush Amiri. “Bill to limit DeWine’s health orders passes in Ohio Senate.” Associated Press. February 17, 2021.)


Conclusions

I believe Ohio Governor Mike DeWine has done an exemplary job managing COVID-19 during the pandemic. He has chosen to follow health directives that may not sit well with everyone in his party, but rules that provided maximum protection for all the people. Though not perfect, he and his management team consistently chose public safety over party politics. Without a doubt, he quickly responded to spikes, and his actions saved many lives.

The old saying that “no good deed goes unpunished” applies in this case. Sen. Terry Johnson may say, “You look to God, not the Governor”; however, his words sound ridiculous to those who suffered with the virus or to those who lost a loved one to the deadly disease. These people truly know the value and purpose of health directives taken by Governor DeWine.

How can Johnson say the state orders on masking and social distancing “are not based on clear science but rather on compromise”? In his view, the handling of the response has been “much more centralized on the executive branch and goes against the common practice of medicine.”

It seems as if the good doctor has scrapped the need for swift and decisive action during a pandemic in favor of unscientific denial and restriction of some civil liberties, mainly simple inconveniences. Johnson told the Portsmouth Daily Times of COVID orders including citations and fines for noncompliance:

It’s their life and they get to make that decision. I have never told someone if you don’t do what I tell you to do, you’re in trouble.”

Really? This from a physician who undoubtedly deals with many patients at Valley View Health Centers who seek understanding of the best practices during COVID-19. “In trouble”? A simple warning may be the act of prevention that saves lives. No one has the right to endanger the health of others when simple practices protect innocents and prevent the spread of the deadly virus.

(Patrick Keck. “Sen. Johnson: Non-N95 masks, social distancing are 'not scientific.'” Portsmouth Daily Times. March 05, 2021.)

Finally, Terry Johnson says that he and Sen. McColley are “trying to reestablish the separation of powers to respect the citizens of Ohio.” I contend that Governor Mike DeWine – with his selective “powers” during a crisis – has done so much to “respect” those in Ohio during the last year that he deserves the highest praise of all … from Republicans, Democrats, Independents, and anyone who cares for public safety.



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