Knox Commission agrees to say it wants to strip the board of health
1 Why the resolution changed
2 New board of health member
3 How we got here
At one point, more than four hours after the Knox County Commission's marathon meeting had begun, Chairman Larsen Jay appealed to the chain of speakers still set before him there to talk about the Knox County Board of Health's powers.
Bonnaroo organizer Ashley Capps asks commissioners to support board of health
© Saul Young/News Sentinel
Protesters gathered outside the City County Building's large assembly room during the Knox County Commission meeting on Monday, September 28, 2020 in opposition to the Knox County Board of Health's safety mandates for dealing with the coronavirus pandemic.
The commission would hear the remaining 20 or so speakers – adding another hour-plus to the meeting – but he'd prefer speakers consolidate their speeches to save time.
Someone from the crowded, unmasked balcony shouted, "You created this problem."
And so it went.
Appriximately 300 people gathered outside the City County building on Monday, September 28, 2020 to protest the board of health and support a resolution to strip the board of its power to enact pandemic regulations.
After meeting for nearly seven hours, the commission followed (some of) the crowd's requests, 8-3. They voted on and approved a toothless resolution that stated they desired the board of health's powers be stripped.
But they did not strip any powers. They did not abolish the board.
There was little discussion about the actual substance of the resolution, though more than one commissioner agreed that it wouldn't change anything.
The main concern was that the health experts on the board are appointed, not elected, and that Gov. Bill Lee granted them powers to enact pandemic safety measures. The board passed two over the summer: a mask mandate to help slow the spread and a temporary 11 p.m. bar and restaurant closure time to help stop transmission via close contact.
Most of the commissioners' time was spent quizzing board of health member Dr. Patrick O'Brien and board member and Knox County Health Department Director Dr. Martha Buchanan (via Zoom) in a question-and-answer session.
There were questions about whether the board could implement soda bans and label gun violence a health concern – Knox County Law Director David Buuck said the board could – and there was lamenting from Commissioner Carson Dailey about the punishment for disobeying a health order, even though there has been no such punishment given to date.
Jay, a Republican, was joined by the commission's two Democrats, Dasha Lundy and Courtney Durrett, in opposing the resolution. Like he said last week, Jay was concerned about language in the resolution that stated that commission wished that violators of the board of health would not face punishment from law enforcement.
Knox County Mayor Glenn Jacobs was not at Monday's meeting after he and Chief of Staff Bryan Hair were rear-ended Monday, according to county spokesperson Mike Donila. Neither was seriously injured, he said.
More: 'I felt threatened': Board of health members slam Glenn Jacobs for ominous video
Last week, Jacobs told board meeting he would personally stand next to any health board member who wanted to speak at commission after board member Dr. Marcy Souza said she was afraid to go to Monday's meeting with the vitriol surrounding the board's decisions.
Counter protester Emily Whetsel shows support for the Knox County Board of Health on Monday, September 28, 2020 before the start of the Knox County Commissioner meeting.
Health board members used a recent meeting to admonish Jacobs for narrating an ominous video that says the nation is under attack from "sinister forces within" and showed images of the board members' faces.
Why the resolution changed
The Knox County Commission's resolution was changed late last week. The previous version used the word "shall" to prevent the board of health from implementing safety measures stricter than those handed down by the state. It also aimed to prevent police from enforcing those orders, such as an 11 p.m. bar and restaurant closing time.
The amended version merely stated "it is the intent of Knox County, through its Commission, to express the desire" that the board's powers are stripped.
EXCLUSIVE: New Knox County resolution downplays bid to strip health board's powers
The previous version likely would have violated state law because counties can not overrule a governor's orders, according to legal staff at the University of Tennessee's County Technical Assistance Service. The nonpartisan agency is a legal resource for community leaders.
Hundreds of people gathered outside the City County Building on Monday, September 28, 2020 in opposition to the Knox County Board of Health's pandemic mandates.
Knox County Commission chair Larsen Jay during Monday's commission meeting on September 28, 2020.
Two people dressed as plague doctors gathered with others outside the City County building on Monday, September 28, 2020 to protest the Knox County Board of Health's mask mandate and other regulations because of the coronavirus pandemic.
Hundreds of people waited outside the City County building in hopes of attending the Knox County Commission meeting on Monday, September 28, 2020 in opposition of the mandates issued by the Knox County Board of Health.
Knox County Commissioner Kyle Ward during the commission meeting on Monday, September 28, 2020.
Knox County Commissioner Justin Biggs during the commission meeting on Monday, September 28, 2020.
Protesters of the Knox County Board of Health's mask mandate, watch on their phones, the public forum portion of the Knox County Commission meeting on Monday, September 28, 2020.
10/10 SLIDES
Executive orders issued by Lee over the course of the pandemic have allowed six of Tennessee's 95 counties – including Knox – to make their own rules about reopening, either to do less or go beyond the governor's orders. The remaining 89 counties have largely been left to adhere to the state's Tennessee Pledge recommendations, which does not mandate masks or restrict business hours.
The previous resolution would have, in effect, un-invited itself from the governor's mandates concerning the pandemic, making the county governed not by the local board of health – comprised of local medical experts, a schools representative and Jacobs – but by the Tennessee Pledge guidelines.
Buuck told Knox News he disagreed with the assessment of the original resolution and adamantly denied it violated state law.
"It does not take away any of the powers of the board of health, period," he said. "That's my legal opinion. And I'm the guy that wrote it."
The original language for the resolution was crafted by Buuck with input from Jacobs and commissioners Justin Biggs and Kyle Ward, who co-sponsored the resolution.
Last week Buuck said his main concern is protecting the county from lawsuits. The resolution, he said, would insure the county follows the state's lead on pandemic restrictions and the state could be held responsible if any lawsuit arise.
New board of health member
Only eight of the roughly 25 applicants for the citizen member of the board of health stayed the seven hours necessary to get questioned by commission. After three rounds of voting, middle school health teacher and small business owner Ani Roma was selected as a member of the board.
Roma teaches health at Hardin Valley Middle School (and online for Bearden and Halls High Schools) and she and her husband, Ryan, own Dirty Bird Events, an off-road, adventure racing event company.
"I feel like I represent a variety of individuals," she said after the vote. "I'm a well-rounded applicant as a parent, as a community member, as an educator (and as a business owner)."
The commission took applications through Friday, though it was up to the commission to appoint and narrow down their selection.
Roma will serve on the board and have a vote as other board members do. Also like other members, she will serve four years.
People exit Bebo's Cafe along Cumberland Avenue in Knoxville, Tenn. at 11:42p.m., Saturday Sept. 12, 2020. Knox County bars are under order to stop serving alcohol at 11 p.m.
People walk along Cumberland Avenue in Knoxville, Tenn. at 11:42p.m., Saturday Sept. 12, 2020. Knox County bars are under order to stop serving alcohol at 11 p.m.
People exit Cool Beans along The Strip on Cumberland Avenue in Knoxville, Tenn. at 11:02p.m., Saturday Sept. 12, 2020. Knox County bars are under order to stop serving alcohol at 11 p.m.
Cumberland Avenue in Knoxville, Tenn. at 11:26p.m., Saturday Sept. 12, 2020. Knox County bars are under order to stop serving alcohol at 11 p.m.
The Saloon along Cumberland Avenue in Knoxville, Tenn. at 11:36p.m., Saturday Sept. 12, 2020. Knox County bars are under order to stop serving alcohol at 11 p.m.
People hang out in the alley at the Fort Sanders Yacht Club along Cumberland Avenue in Knoxville, Tenn. at 11:38p.m. Saturday Sept. 12, 2020. Knox County bars are under order to stop serving alcohol at 11 p.m.
Earlier this month the board of health voted to require all restaurants and bars in Knox County to close at 11 p.m. each night. The board approved the restriction in an effort to slow down the spread of COVID-19, especially among young adults who continued to congregate and party without masks.
The board's decision followed a visit by Dr. Deborah Birx, the White House Coronavirus Task Force coordinator. She said when cases are rising — as they had been in Knox County — community leaders must rethink pandemic strategies, including cutting off alcohol consumption, not just sales, at 10 or 11 p.m.
As of Monday, there were 1,602 active cases in Knox County with another 420 probable cases. Thirty-one Knox County residents are currently hospitalized and 83 have died over the course of the pandemic. Seventy-eight of those deaths have occurred since June 30.
Email Tyler Whetstone at tyler.whetstone@knoxnews.com and follow him on Twitter @tyler_whetstone. If you enjoy Tyler's coverage, support strong local journalism by subscribing.
This article originally appeared on Knoxville News Sentinel: Knox Commission agrees to say it wants to strip the board of health – but move has no power
Tags: agrees, Board, commission, Health, Knox, Strip
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