Enforcement: How Lake and Geauga counties are handling stay at home order

The Lake County General Health District is working with the county prosecutor’s office to finalize stay at home order enforcement.

Chris Loxterman, the health district’s environmental health supervisor, said in a March 30 interview that they are hoping to have that policy in place by midweek.

Ohio’s stay-at-home order went into effect at 11:59 p.m., March 23. The order prohibits holding gatherings of any size and closes all nonessential businesses.

The Ohio Department of Health stated in an FAQ about the order that law enforcement officials

will not stop residents who are on their way to or from work, or who are out for necessities like getting groceries or going to the pharmacy, or are just taking a walk.

“People gathering in any size group may be asked to physically distance themselves or go home,” the Ohio Department for Health stated. “Ohioans should abstain from all nonessential activities. Adhering to the order will save lives and it is the responsibility of every Ohioan to do their part.”

As for businesses, the state did not provide a definitive list of what is considered essential.

They include health care providers; government functions such as emergency management, law enforcement and human services; grocery stores; hotels; funeral homes; laundromats, gas stations; pharmacies, hardware stores; banks; and media companies among others.

Lt. Gov. Jon Husted has said that its important for businesses to create a document justifying why they are essential and how they are following the safe workplace order.

The safe workplace order among other things tells businesses to allow as many employees as possible to work from home; actively encourage sick employees to stay home; frequently perform “enhanced environmental cleaning;” and provide protection supplies like soap and hand sanitizer.

In Lake County, those with concerns regarding compliance with the Stay at Home Order may contact the health district at COVID19@ lcghd.org or 440-350-2188. The health district suggests that those who want to remain anonymous to report by phone.

The department stated that due to volume of inquiries and the need to consult the Ohio Department of Health and legal expertise, it may take up to 48 hours to respond/resolve a complaint.

Loxterman said the number of calls they get fluctuates daily, but he said it’s around 30 to 50 a day.

The nature of the calls can vary, he said. Some callers are concerned their employers are not doing enough to ensure worker safety, others work for/see a business that is still operating that they don’t think should be considered an essential business.

For now, the health district is following up via phone with those businesses and making determinations about whether they are essential or need to better follow safety protocols.

Loxterman said making visits to businesses and potentially ordering shut downs is part of the next phase that comes when the enforcement policy is completed.

In Geauga County, Public Health Commissioner Tom Quade is asking employers to be far more proactive in following the order.

Quade said in a statement March 30 that he recognizes the “tremendous burden” that is being placed on business owners. He said he understands they have an investment, they have a loyalty to their employees and their families.

But Quade said he’s asking employers to “weigh that against the very real risks to their employees’ health, their employees’ families’ health, the health of their customers, and the health of everyone with whom all those people will come in contact.”

“Before we get to the point where we would need to order a business to close for presenting a public health threat, I believe we will see some responsible employers who are willing to make the hard decision to voluntarily make this incredible sacrifice to help save lives,” Quade said. “These will be the heroes.”

According to a news release from Geauga Public Health, the Ohio Department of Health legal counsel held a conference call March 27 where businesses like golf courses, landscaping businesses, and car washes were discussed as the kinds of businesses that should be considered non-essential.

“Unfortunately, the order did not list every conceivable type of business,” the release stated. “There have also been conversations with state leadership about whether some manufacturing is truly essential to fighting the pandemic or in meeting critical needs as we wait it out.”

Quade said he’s working closely with the Geauga County Prosecutor’s Office to “explore possible next steps regarding ordered closures.”

County Prosecutor James Flaiz said in a March 31 email his office is assisting the health department as needed. Geauga Public Health is responding to complaints and doing spot checks.

“If a business is not in compliance, then the health department is issuing a warning,” Flaiz said. “After the warning, the health department will order a business to close if they are still not complying. Businesses that are categorically ordered closed (such as bars, salons, etc.) will not receive a warning but will be ordered to close. If a business does not comply with a closure order then criminal charges are an available option.”

Flaiz said that they have been receiving many complaints about essential vs. inessential business.

“We are not making that determination unless the business falls into a clearly defined category of business that has been ordered closed,” he said. “However, even if a business is ‘essential’ under the order, they are still required to comply with the other aspects of the order.”

Flaiz said as of the time of the email he was only aware of one warning being issued and no closure orders have been issued.