Local sheriffs have different takes on state’s order
By Tracy Ouellette
Staff Writer
When Gov. Tony Evers on April 16 extended Wisconsin’s Safer-At-Home order from April 24 to May 26, it was a tough day for most of the residents of the state.
Whether on the side of keeping things closed until the number of cases have been declining for a period of two weeks or being of the belief that the “cure is worse than the disease” people in the state, and the country, have become more vocal about what they think should happen.
Protesters have gathered at the State Capitol and in other areas to voice their displeasure at the lockdown, which is designed to help slow the spread of COVID-19. Health officials are urging people to continue to social distance and the number of cases in Wisconsin is on the rise, according to most recent information.
With all of this going on, local police and sheriffs department are tasked with keeping order in the communities, where people are scared, angry and hurting.
That’s not an easy task.
The day after the governor’s extension, Racine County Sheriff Chris Schmaling released a statement addressing the governor’s order and the stance his office would be taking.
“The overreaching measures taken by state government will have dire lifetime consequences for businesses, homeowners, and families. I took an oath to uphold the constitutional rights of our citizens and I can not in good faith participate in the destruction of Racine County businesses or interfere in the freedoms granted to all of us by our Constitution,” Schmaling said in the release.
Schmaling contends that state law doesn’t have the power to “supersede or suspend the Constitutional rights of American citizens.” As such, Schmaling said the Racine County Sheriff’s Office will not be enforcing the Safer-at-Home order.
“Wisconsin law gives the authority and the responsibility for investigating and enforcing public health violations to the Wisconsin Department of Health Services and local health departments. We will leave the enforcement of public health orders to the health department experts,” Schmaling wrote. “It is important that we stay focused on our obligations and responsibilities to those areas of the law that we are charged with enforcing. We have and will continue to concentrate our resources and efforts at keeping our roads safe and protecting our citizens from criminal activity.”
Schmaling encouraged people to continue social distancing and to be as safe as possible.
“I understand the seriousness of the current health situation and I urge all Racine County citizens to continue to be responsible and to follow the social distancing, mask and hygiene recommendations of the CDC and the Wisconsin DHS. Let’s continue to look out for our neighbors and those less fortunate around us. Brighter days are ahead,” he said.
Schmaling also asked the state Department of Public Health create a workable plan that “balances the safety of our citizens while at the same time acknowledging the fact that there is a way for business to operate even during the current health situation.”
Walworth County
Walworth County Sheriff Kurt Picknell released a statement April 21 where he said he felt the need to state his department’s position after receiving several phone calls from citizens in the county, including medical professionals, business owners, manufacturers and state elected.
“I understand the concern and share in the frustration as we all respond to the pandemic both personally and professionally,” Picknell stated in the release. “As Sheriff I am sworn to uphold the laws and protect the constitutional rights of all citizens. I’m aware that the governor’s orders are being challenged in court and we all anticipate a legal decision.
“We continue to work cooperatively with Walworth County Public Health for the benefit of our entire county and will continue to exercise the same level of discretion consistent with all law enforcement matters.”
Kenosha County
Kenosha County Sheriff David Beth released a lengthy statement April 23, addressing his fellow sheriffs in Wisconsin.
“I am usually pretty quiet down here in my corner of the state, but I just can’t be at this time because you really… REALLY… need to think about any decision not to support the governors Stay-at-Home order,” Beth stated in the release.
He said the decisions to issue stay-at-home orders in the state and county were at the advice of medical experts and local law enforcement should rely on the governor to make the best decision with the information they have available to them
“Just so all of you know, I am not a doctor, scientist, or a constitutional attorney, and I don’t play one on TV,” Beth stated. “I rely on my governor, my Health Division, and my corporation council to advise me in times like this.”
Beth said he understood how difficult the situation was on people and that he and his family have been blessed by still being able to work, but people should look at the bigger picture and law enforcement has a responsibility to the public as a whole.
“By any sheriff publicly declaring you will not be enforcing the governor’s order, you have now brought that fight down to a county level, and every sheriff is now the gatekeeper to your counties’ prosperity,” he said. “Each one of us now wields the magic wand to keeping businesses from failing and families keeping a roof over their heads. I don’t know about you, but I am far too busy to be carrying one more magic wand.”
Beth went on to warn about “unintended consequences” of local sheriff’s departments not enforcing the governor’s order.
“Some in your community will think you are a savior, and others will hate you,” Beth said. “I have received both kinds of email and phone calls. I have been told about loans, mortgages, families and what a #@?% I am because I am enforcing the governor’s order.
“I really wish this fight had never been brought to my level. Media and the community will pit sheriff against sheriff. No matter which path you have chosen, we have now been thrust into this role of God and deciding who is going to open. Did I tell you yet, I really wish I was not being placed into this position!”
The Kenosha County Sheriff’s Department stated it will not make any further statements or releases on this issue.
Sheriff Beth is certainly allowed to voice his opinion on the stay at home order but his real loyalty should be to the constitution of the United States of America which supersedes any governors order or any politicians order because it Protects all citizens rights even HIS. He took an oath to uphold those rights and he should know that past 60 days the governor is in violation of the state constitution. May 11th is the last day that the governor can keep us legally at home unless a decision by the Wisconsin State Supreme Court says otherwise.