‘The Curfew Five’ on Manatee commission are trampling on our rights | Letter to the editor
The COVID-19 pandemic provides an opportunity to evaluate how the Manatee County commissioners discharge their authority to ensure the health, safety and welfare of county residents while protecting the civil liberties and Constitutional rights of county residents.
One approach is to communicate a message of calmness, courage, hope, inspiration and resilience that working together we will overcome this pandemic.
Another is to create an atmosphere of divisiveness, confusion, fear, anger and intimidation. It is astonishing that five of our Commissioners (Bellamy, Benac, Servia, Trace, Whitmore) have chosen the latter path by imposing a nighttime curfew.
On April 3 Commissioner Betsy Benac stated, “The idea that we are trampling on people’s rights, you betcha. And are we scaring people, you betcha. We want people to be scared.” These are chilling words. Benac has not apologized.
The governor has the expressed authority under Florida statute 252.36 to impose curfews or order business closures. The governor can choose to delegate these powers. DeSantis has not.
On April 1 DeSantis issued Executive Order 20-91 requiring a Safer-At-Home requirement and “Essential Services” and Activities.” It doesn’t mandate a “curfew.”
On April 1 DeSantis issued Executive Order 20-92: “This Order shall supercede any conflicting official action or order issued by local officials in response to COVID-19.”
On April 3 five county commissioners (Bellamy, Benac, Servia, Trace, Whitmore) voted to impose a nighttime daily curfew from 11 p.m. to 5 a.m.. On April 10, these same commissioners (The Curfew Five) voted to renew it. These commissioners exceeded the limits of the governor’s orders. They lack the statutory authority to impose a curfew.
“The Curfew Five” must recognize the dangers that “trampling” on people’s rights poses to our democracy.
They must rescind the curfew.Will the citizens of Manatee County be watching closely? You betcha.
Bruce J. Stamm
Lakewood Ranch