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City Council Minutes <br />May 18, 2020 <br />Page 12 <br />He stated he doesn't read this language in the proposed resolution. He stated he <br />would not support language directing the police department to not uphold the law as <br />it would open the city up to scrutiny and liability and -set a bad precedent. He stated <br />he is not comfortable with the discussion on whether this infringes on constitutional <br />right and the role of the city in the larger picture. He further noted people in small <br />business are hurting terribly and he doesn't get how some are required to be closed <br />while others can open. Councilmember Westgaard stated the city has not shut down <br />business and they are free to open their doors, but they need to be aware they will <br />face consequences from the state/federal level with punitive damages, citing Shady's <br />Bar. He expressed concerns with the city getting caught up in legal matters by <br />allowing a business to open and operate. <br />Councilmember Christianson, based on comments he had read in the newspaper, <br />questioned Mayor Dietz as to which resolution he was leaning toward. <br />Mayor Dietz stated several law enforcement agencies are giving warnings and not <br />issuing citations. He stated he would like stronger language in the resolution. He <br />disagreed with Councilmember Westgaard. He stated he made it clear to businesses <br />he has communicated with that if Council decided to not enforce the state order, it <br />would still be on the business owner to accept the consequences from the state. He <br />noted a lot has changed since he spoke to the paper, citing the Shady's Bat case. He <br />stated people want action and the Governor will probably ignore the resolution. He <br />stated he is really frustrated with the situation and may have over spoke to the paper. <br />Councilmember Wagner stated we want to open every business as quickly and safely <br />as possible. It is difficult for her, and unfair, to ask law enforcement to go against <br />their oath. She stated she hasn't found any information where a City Council can <br />overturn a state order. She stated she doesn't want to be responsible for giving local <br />business a false sense of security. She stated she supports the city resolution with <br />confirmation from the city attorney that it isn't asking law enforcement to turn a <br />blind eye. <br />Attorney Beck stated he is comfortable with the city resolution as written. He added <br />the governor's order currently has the full force and effect as state law. <br />Councilmembet Westgaard asked if there were anything else the city could legally do <br />to assist businesses with reopening. <br />Councilmember Ovall asked if the League of Minnesota Cities (LMC) has filed any <br />resolution with the state; noting if there was a constitutional issue, it would most <br />likely have been documented by now. <br />Mr. Portner stated LMC has provided guidance to cities on the matter. <br />Moved by Councilmember Ovall and seconded by Councilmember Westgaard <br />to adopt Resolution 20-24 urging Governor Walz to allow all businesses to <br />reopen. Motion carried 5-0. <br />011BE1 er <br />NATUR <br />