News
Closing Time
A statewide mask mandate and new public health orders went into effect in Wyoming Wednesday, December 9 and continue through January 8 of next year. One of the major changes to the health orders limits the hours of operation for certain businesses, as bars and restaurants must be closed from 10 pm to 5 am for onsite consumption. Sheridan Police Chief Travis Koltiska, at the recent Sheridan City Council meeting, explained what approach the police department will take regarding the new health orders
Sheridan County Attorney Dianna Bennett in an email said that she is hesitant to prosecute business owners for trying to make a living and she’s concerned about the random nature of the 10:00 pm closing requirement in the order. Some businesses will be affected while others will not. She said it’s not clear how the virus is more dangerous after 10:00 p.m. than before that time, adding that it’s important to review the State statute in which the legislature has granted great authority to the department of health as to issuing these orders.
Bennett said she’s encouraged to see that the State plans on providing some financial assistance to businesses which will be affected, but she suspects these business owners would prefer to serve their customers instead of receiving assistance via taxpayer money. She said she realizes that a few prosecutors around the state have made statements about their views on the constitutionality of some of these orders. That determination should be made by the courts, not prosecutors who are in the executive and not the judicial branch of government.
Bennett said she’s taken an oath to enforce the laws of the state and she does not have the luxury of choosing which statutes and orders she likes and which ones she doesn’t, and then acting based upon her beliefs. Having said that, along with that responsibility to enforce the laws comes prosecutorial discretion. Law enforcement enjoys this discretion as well. If an officer arrests or issues a citation for a violation of the new orders, we will consider if we will prosecute on a case by case basis using a reasonable commonsense approach and considering the use of our resources and the nature of the alleged violation.
Thomas Jones
December 11, 2020 at 9:07 pm
Interesting that its always the small businesses that have to suffer, while government agencies, large chain stores, and the big box stores go unscathed. I try to keep up with health studies, but is there any solid evidence that ‘certain’ business, bar, or restaurant patrons are the super spreaders for the corona?
Ezra Petersen
December 11, 2020 at 9:15 pm
“She said it’s not clear how the virus is more dangerous after 10:00 p.m.” True that Diana, no one is sure about that one. I think the idea behind it is that as the drunkenness of people in the bars increases, the more they go around talking to random people and hugging thus spreading the covid if someone has it. That is a reasonable scenario. But to the contrary Diana, you do have the luxury of which violations of statute to enforce. Unless you violate some dereliction of duty clause in state law (I’m not a lawyer) you only answer to the voters of Sheridan County and you hold your office at their pleasure. You do not answer to the governor or any public health director. If you choose not to prosecute any pandemic related restrictions and the people do not like that then you will be voted out of office next election. It’s a check and balance of our government, the sheriff and prosecutor answer to the people of Sheridan County not the state.
Thomas Jones
December 12, 2020 at 8:00 pm
What happens when thousands of people say we wont comply?
Ezra Petersen
December 13, 2020 at 9:44 pm
As I said Thomas, the county prosecutor as well as the Sheriff serve at the pleasure of the voters of the county, not the governor, so if they do the will of the electors then nothing happens. If they do the opposite and the majority disapproves, then they will not be re elected. I personally wear a mask in public but I do not support prosecuting those who do not and my vote will reflect it if it comes to that, what more can one do?
Mitch Smith
December 11, 2020 at 10:17 pm
the virus is only dangerous after 10 pm………
mark steingass
December 12, 2020 at 7:30 am
Prosecuting people is nonsense…for something that is supposed to be common sense….wearing a mask…skeptics question whether they “work”…?… I believe masks are a primary preventative but don’t forget the other protocols too…not at a 100% effective rate but when people use masks correctly just like the air filters in in your vehicles, just like the air filters in your vacuum cleaners and just like the air filters in your furnace they can be highly effective in reducing contaminates in the air we all mutually inhale and exhale
Sam Grover
December 14, 2020 at 12:34 pm
Mark, you do understand we’re taking about microbes here correct? Therefore, “common sense” would dictate that unless you mask is ceramic and soaked in bleach, it does almost nothing.
mark steingass
December 15, 2020 at 7:38 am
baloney,…medical professionals have been wearing masks in healthcare settings for as long as i remember…and for good reasons