Council considers ordinance limiting business operations for Halloween while aiming to limit spread of COVID

Saying it’s concerned about the Halloween holiday weekend becoming a “superspreader” event for COVID-19, Whitefish City Council during a special meeting on Monday, Oct. 26 is set to consider an ordinance that could place operational restrictions on businesses in the city.

After expressing concerns about increased patronage at bars and restaurants, Council on a split vote of 4-2 Monday night approved holding the special meeting next week to consider an ordinance limiting operations on Friday, Oct. 30 and Saturday, Oct. 31. Councilors Andy Feury and Ryan Hennen voted against holding the meeting, which will provide the opportunity to vote on whether or not to enact the emergency ordinance.

During the virtual meeting, Councilor Steve Qunell brought up the issue saying the city needs to do more to stop the spread of the virus.

“We are the leaders in our community and we need to do something,” he said. “It’s time for action — we should do something or we can cross our fingers and hope.”

Flathead County over the weekend received 137 new COVID-19 cases and there have been 23 confirmed deaths in the county related to the virus. As of Monday, there were more than 2,500 total confirmed cases of the virus and

more than 600 active cases, according to the health department.

At first Council members suggested drafting an emergency ordinance that would enact restrictions for a longer period of time, but Mayor John Muhlfeld suggested providing businesses the opportunity to voluntarily comply and only implementing stricter measures on Halloween as a better alternative.

“I think we need time for public outreach and time for businesses to comply,” Muhlfeld said.

Council appeared to be saying it has been forced to consider tighter restrictions on businesses as a result of inaction from the Flathead City-County Health Board regarding the COVID-19 pandemic.

The health board last week denied plans recommended by the county health officer that would have limited the size of public gatherings, reduced the capacity of bars and restaurants and churches to 25%, and would have required any business selling alcohol to close by 10 p.m.

Flathead County Commissioners recently released a statement saying that they “support the constitutional rights of Montanans to make choices about personal protection for themselves and their families.” The statement came a day after Montana Gov. Steve Bullock said Flathead County was not doing enough to implement his mask directive as cases continue to spike here.

On Monday, Councilor Frank Sweeney asked city staff to write a letter to the health board and county commissioners expressing the city’s disappointment about the lack of action regarding an increase of COVID cases in the county.

“It’s a disservice to this community and the businesses that they don’t attempt to assist in this problem so that schools and businesses can stay open,” he said. “If there’s anything we can do, we need to do it now.”

The county health department on Monday afternoon released a notice saying the county continues to see an “alarming uptick” in COVID-19 cases, related hospitalizations and deaths, and is urging community members to take personal action to mitigate the spread of the virus. The department said that investigations have found that exposures to the virus have been linked to social gatherings, indoor spaces, such as birthday parties and group dinners, and large events like weddings and trade shows.

“It is vital that individuals follow the recommended steps to prevent the spread of COVID-19,” Tamalee St James Robinson, Interim Health Officer of the Flathead City-County Health Department, said in a release.

Exactly what restrictions a proposed city ordinance might include wasn’t certain Monday night, but Council did provide some guidelines to city staff to draft an ordinance. A copy of the draft emergency ordinance is expected to be available at the City Clerk’s office by 3 p.m. on Thursday, Oct. 22

Following the requirements in Phase I of Bullock’s plan for reopening the state was suggested as a guideline. Under that phase, bars and restaurants were limited to 50% of normal operating capacity and required to close early, and public gatherings were restricted.

The entire state remains under Phase II of reopening which allows for greater operating capacity of businesses and restaurants and bars at 75% and public gatherings of up to 50 people.

A statewide requirement for face coverings remains in place, requiring masks to be worn in indoor public spaces in counties with four or more active cases of the virus.

City Attorney Angela Jacobs cautioned Council that enforcement of the ordinance limiting business operations could be challenging to enforce and could open the city up to litigation.

“An ordinance like this is hard to do when the Governor says it’s up to the county and the county won’t do anything,” she said.

Council may also consider an emergency ordinance at its regular meeting on Nov. 2 that would extend operational restrictions at establishments beyond Halloween weekend. Some Councilors said the step might become necessary if cases of the virus continue to increase.

Council is set to meet at 7:10 p.m. on Oct. 26 remotely through WebEx. For more information on logging in to the meeting, visit the city’s website at www.cityofwhitefish.org or call 863-2400.

Those who wish to provide comment are encouraged to email the City Clerk at mhowke@cityofwhitefish.org by 4 p.m. on Oct. 26.

The health department says that as the holiday season approaches individuals should be especially mindful of the events they chose to attend, and if a positive case attends a social event and social distancing or mask usage are not maintained, the health department may require a 14-day quarantine for a large number of people who attended the event.

“The increasing number of positive cases and the evidence of widespread community transmission have brought Flathead County to a point where tough decisions need to be made,” Robinson said. “The growing rate of COVID-19 in our community is not sustainable for our healthcare system, our public health staff, and our schools. We have to decide what is more important — social gatherings or keeping our schools and businesses open. It is up to all of us to slow the spread.”

The health department is asking the community to adhere to the following recommendations:

Residents should limit their number of close, non-household contacts to no more than six persons per week, as well as limiting the duration of close, non-household contacts to less than 15 minutes whenever possible.

Where possible, residents are encouraged to utilize contact-free services of businesses, including but not limited to drive-through and take-out food services, contactless delivery, and the like.

When residents have to leave their homes, residents are encouraged to minimize the number of trips, locations, and time to the greatest extent possible.

Residents should be very vigilant in adhering to physical distancing requirements and recommendations, hand hygiene and surface sanitation procedures, and staying away from others when sick.

Residents should be vigilant in adhering to masking requirements and recommendations while in public spaces and while within close contact of non-household members.