Enforcement of coronavirus-related public health orders is a top priority for Durango City Council, but the council hasn’t found the right solution for enforcement challenges.
La Plata County’s COVID-19 outbreak reached the level of “severe risk” this month, and San Juan Basin Public Health will tighten public health restrictions Friday. Those restrictions, based on state policies, are tough to enforce at the local level.
“Currently, we don’t have any direct enforcement authority for the governor’s orders or health orders,” said city attorney Dirk Nelson during the City Council meeting Tuesday. “It makes the process very difficult.”
City Council considered creating a mandatory mask zone in downtown Durango, complete with $50 to $500 fines for noncompliance, before leaving the idea behind.
Inside the zone, masks would have been required both indoors and outdoors. This was different from the city mask requirement passed in May and the current statewide mandatory mask order.
Durango has focused primarily on an education-first approach for those orders, but the zone would have given law enforcement more enforcement capabilities.
“It’s a clearer case if we have our own ordinance or regulation to enforce,” Nelson said.
SJBPH, Durango Mayor Dean Brookie and several community members wanted to extend the order to include the entire city, particularly because big-box stores, gas stations, fitness centers and other businesses also have compliance issues.
Durango Police Chief Bob Brammer said the department’s patrol officers are short-staffed, and it would be more feasible to enforce an order in a smaller area.
City Councilor Kim Baxter suggested using city resources to help the La Plata County Emergency Operations Center enforce public health orders.
While the EOC is focused on compliance, it is not an enforcement body, said Chuck Stevens, La Plata County manager and head of the EOC.
“It’s a complex issue. It’s going to be a tough nut to crack,” Stevens said.
La Plata County will enter more restrictive public health orders Friday to limit the spread of the virus – throwing another wrinkle into enforcement planning.
City Council eventually came full circle: Councilors said enforcement needed to be a top priority, along with a public relations campaign to build a culture around compliance. No enforcement-related votes were taken Tuesday night.
The mask zone focused on indoor and outdoor compliance, but several councilors said indoor viral spread seemed to be more of a risk.
Councilor Barbara Noseworthy suggested using city resources to help enforce indoor mask wearing, including employees who do not interact with the public, and last calls/curfews.
Baxter also recommended using federal COVID-19 relief funding to help with enforcement. One way the city could do that is to use funds to hire employees to help the short-staffed Durango Police Department enforce public health orders.
The city should make it “socially unacceptable to not help stop the spread,” Noseworthy said. “Public health is the cornerstone of our economic health. This is essential.”
smullane@durangoherald.com
