Minutes - Council - 03/09/2021 - Laserfiche WebLink

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with education on the first offense. He stated that the City Council cannot direct law enforcement to not enforce State law as it does not have the jurisdiction to do so. Councilmember Howell referenced State Statute related to peacetime emergencies and asked if that language would release the City from the declaration. City Attorney Langel commented that determination has already been made by the Governor and is based upon the fact that the pandemic is a statewide issue that has resulted in roughly 6,000 Minnesotans dying and many more being impacted, which no individual city has the resources to deal with. He stated that the orders were issued under Chapter 12 and are law until they are declared otherwise, therefore every city is subject to the orders whether they agree or disagree with them. Councilmember Heineman referenced an Executive Order issued by Abraham Lincoln, noting that it was a five-year process to overrule. He asked if the opinion of the attorney would be that everyone should stop pursuit of overturning the Executive Order they deem unconstitutional just because the challenges thus far have been unsuccessful. City Attorney Langel replied that the wall has been hit multiple times in both State and Federal courts. He commented that fight can continue but in the meantime the law is clear, and it cannot be ignored simply because it is disagreed with. He stated that the law still exists as set forth in Executive Order. Councilmember Heineman stated that there are three different types of Executive Orders and asked the duty of individuals to reconcile the fact that an Executive Order supersedes and/or could conflict with existing laws. City Attorney Langel commented that Executive Orders are promulgated under the Emergency Management Act, which are triggered by unique circumstances. He stated that one point of the EMA is to allow government to circumvent processes in the event of an emergency situation. He stated that when the circumstance exists the authority is fairly broad. He stated that reconciliation is not necessary as this is a temporary change. Councilmember Howell commented that this is day 352 of a temporary change. She stated that th March 8 recognizes International Women’s Day, noting the process for women to earn the right to vote took over 100 years. She stated that in 1941 in response to the Japanese bombing of Pearl Harbor and in fearful response Americans of Japanese descent were placed in internment camps based on an Executive Order by President Roosevelt. She commented that just because something has become a law or mandate does not mean it is moral or just. She stated that while it was considered legal at the time, there are moments in the history of our country where the government has acted unlawfully and reprehensibly from a moral and Constitutional perspective. She stated that according to the 14th Amendment, the state cannot deprive us of life or liberty. She commented that the governor and Executive Council do not have the right to restrict someone’s right to breath as that is the decision of an individual and not the government. City Council / March 9, 2021 Page 9 of 21