Letter to Editor | Does the emperor wear no clothes?

— from Michael Johnson —

In a recent online conversation about the legitimacy of both non-essential travel, and people not staying local during SJCs current Phase 2 re-opening under Gov. Inslee’s Stay Safe Stay Local Plan, the following was said, 

Comment: “…the repeal (by Dr. Frank James) of the orders that limit hosting of only essential workers opened us up to non essential travel.”

My reply: Though related the above is apples and oranges. Dr. James’ recent repeals may have “opened up” local transient lodging establishments to guests, but keep in mind that even though San Juan County can adopt stricter health guideline criteria than the state, (i.e., Dr. James’ recent-past transient lodging shutdown), we cannot adopt looser guidelines than the state, (i.e. Gov. Inslee’s Stay local, non-essential travel only restrictions). It’s worth noting too that the state never adopted lodging restrictions… the state adopted a Stay Local non-essential travel restriction which continues to be in effect today, (until we reach Phase 4). Dr. James’ lifting of the lodging restrictions in SJC is not relative to, nor does it override the state’s Stay local, non-essential travel restrictions. Comparing the two is comparing apples and oranges.

It’s interesting and worth noting (it’s complex) that it was not illegal for someone to advertise their Airbnb during the initial SJC lodging shutdown (this came directly from Randy Gaylord). And, as Dr. James basically said in his original travel restriction press release from 4/03, (see below), once people are here we don’t have the authority to evict them. In line with this our Pros. Attny.’s office interpreted Gov. Inslee’s original Stay Home Stay Safe order as a “Stay in place” order. The bottom line is– that if a visitor comes here from the mainland on non-essential business, or if one of us goes to the mainland for non-essential business… we’re clearly in violation of the Governor’s current statewide travel restrictions by conducting non-essential travel outside of our local areas. Whether it’s the eleven 20 yr. olds from the same family whooping it up on the beach around the campfire at one of our local resorts, or the quiet, respectful couple staying at one of the neighbor’s vacation rentals with their dogs… it may not be illegal for them to be here, but it WAS illegal for them to travel here. “Skirting the law” is the phrase that comes to mind… what a legal conundrum.

“Nothing in this order requires the removal of persons who are already staying in transient accommodations, campground and camping facilities, or overnight moorage at the time this order is made or at the time the County moves between phases under the Safe Start Plan.” Dr. Frank James.

The irony is that we’re in a modified Phase 2 that allows local lodging, including camping facilities to re-open to 50% capacity (with “the onus for enforcement rests on the visitors, not the county or the lodging establishment”), as per the Pros. Attny’s. Off., while at the same time the state law limits non-essential, and non-local travel… go figure.

Which came first… the chicken or the egg? Opening lodging to tourists, some of whom were already here, many more of whom were expected to come, and all of whom SJC (via their Visitors Bureau, Chambers of Commerce, the Fri. Har. City Council, and new online capabilities) were then, and are now actively soliciting for, hoped would come. I guess opening up lodging to tourists now circumvents the need for the county to have to keep defending the embarrassing position of not having enforced all of the illegally operating vacation rentals, (and other lodging establishments), during the lengthy shutdown.

SJC’s (Dr. Frank James’) limited re-opening of local transient lodging does not mean that the state-issued Stay local non-essential travel restriction has been lifted. The latter being a state-wide law is still part of Gov. Inslee’s Four Phase Safe Start Plan. Though it is a law, that admittedly, the governor has said the state cannot enforce, and SJC is unwilling to enforce… it’s still the law.

You can fool some of the people some of the time, but you cannot fool all of the people all of the time. What has been transpiring in front of our eyes is not representative of a health first approach; it’s not a conservative approach, and it is definitely not an approach based on the best available science (as is continually touted by Rick Hughes). The acts of wearing masks, social distancing, and washing hands (though important, and the least we can do), seems somewhat miniscule in the face of all else that’s going down around us… for if we were to admit it to ourselves, as a county “We are NOT preparing for the worst while hoping for the best”.

Does the emperor wear no clothes? While most of the rest of the whole world, including the USA, as well as Washington State, and San Juan County are currently in the midst of a COVID-19 surge… SJC continues to open their arms to visitors. At the same time, at the most recent county council meeting Dr. James painted a bleak picture of SJC’s current medical response capabilities indicating that we, and all of our affiliated regional county’s (some of which we are relying on to airlift CV-19 patients too as a part of meeting the state’s criteria for intensive care beds) response capabilities are currently, as a result of the current surge, “strained”. Perhaps the council members should have thought of this before offering early retirements to those members of SJC’s critical emergency response staff who are no longer with us.

The question we should be asking is, “Why does SJC continue to promote that (tourism) which engages in non-local, non-essential travel, which is in violation of a state emergency order designed to protect communities like ours?” 

Is it time we write a letter to the state attorney general’s office?

“When you plan, you want to plan for the worst-case, not for the average or best-case,” said Natalie Dean, an assistant professor of biostatistics at University of Florida. “Because the risk is not proportional.”