Lawmakers advance bill allowing health order appeals

Legislators create path to challenge local health department warnings

After Gov. Eric J. Holcomb said last week the state’s mask mandate will be lifted April 6, he said local officials could still keep mask orders and other restrictions in place, if needed.

Gary Mayor Jerome Prince, a Democrat, said he would keep the city’s mask mandate in place. So did Indianapolis Mayor Joe Hogsett, another Democrat.

Senate Bill 5, approved by a GOP-dominated House committee Wednesday, could threaten local decisions and control. The bill now moves to the full House for consideration.

The Senate bill creates a process allowing the public to appeal local health orders to county or city elected board. Such orders could include citations, fines or an order to close a business. The enforcement action would be halted during an appeal, which could allow a business to stay open until the matter is heard by a city or county board, even if it is not following health orders.

Currently, the only option is to file a lawsuit. The appeals process would apply only to health orders enacted during a declared emergency.

Under the measure Prince and other mayors, would need city council approval first.

In recent weeks, tensions have increased between Prince and members of the council who sued Prince earlier this month over his appointment of a deputy mayor.

Portage Mayor Sue Lynch said she planned to talk with Hobart Mayor Brian Snedecor and Lake Station Mayor William Carroll, all Democrats, to reach a common accord on keeping the mask mandate order in place or not.

The Senate bill would slow the process, as mayors would need approvals from their respective councils before they could put restrictions in place.

Language added to the proposal by House lawmakers requires that any local emergency health order that is more stringent than state orders must first be approved by local elected officials, like city council members or county commissioners.

The bill also makes it easier for local elected officials to remove health officers, including for “good cause” alone.

The amended measure was approved by the House rules committee Wednesday and now heads to the full chamber for consideration.

More than 60 executive orders issued by Holcomb since Indiana’s first confirmed COVID-19 case was announced last March have stirred some conservative opposition and prompted debate in the GOP-dom

inated Legislature on measures limiting the governor’s authority to impose emergency restrictions, such as mask rules and business closures.

Bill author Republican Sen. Chris Garten, of Charlestown, said the legislation isn’t meant to be a combative response against local health officials, but rather a “check and balance” that protects the rights of business owners and ensures economic health.

Democrats have argued that the plan gives politicians too much control over major public health decisions and puts public health in jeopardy. Rep. Matt Pierce, a Democrat from Bloomington, emphasized that the enforcement appeals are likely to be influenced by partisan politics and “won’t be about the science.” The House committee additionally amended and approved a separate bill Wednesday that would designate religious activities as essential services and prohibit any restrictions on them during a declared emergency, including in-person services.