State: Custer County can’t remove COVID restrictions on its own
CUSTER, Co. (KRDO) -- On Wednesday, Custer County's Board of Health voted to rid the county of all Colorado COVID-19 safety requirements, effective immediately. However, the state says Custer County can't make that decision on its own.
Custer County Public Health Director Clifford Brown said he believes that a recent executive order issued by Gov. Jared Polis allows the county to bypass Level Green on the state's COVID-19 dial and just opt out altogether.
The Colorado Department of Public Health and Environment (CDPHE) disagrees.
DEVELOPING: @CDPHE have not authorized Custer County to move off of the COVID-19 dial. On Wednesday, Custer County's Board of Health voted to lift all COVID-19 related restrictions, effective immediately. @KRDONC13
— Dan Beedie KRDO (@BeedieonTV) March 5, 2021
According to the governor's Executive Order D 2021-047, if a county is moved off the state’s COVID-19 Dial entirely because of a major reduction in transmission or risk, it will no longer be subject to the Executive Order and the corresponding public health order.
Here is the exact wording within Governor Polis' Executive Order: “A community may move between dial levels based on the metrics and in consultation with State and local public health officials to ensure unique local conditions are appropriately considered. If a county is moved 'back to normal' off the dial entirely because of a major reduction in transmission or risk, it will no longer be subject to this Executive Order and the corresponding PHO.”
The issue is this: who makes the decision to move a county off the dial entirely?
CDPHE says the order does not authorize counties to self-determine that they are no longer required to follow COVID-19 or public health order requirements. The Executive Order states CDPHE will determine if and when a movement on the dial is appropriate for a county.
Gov. Polis' office sent a statement to our partners at 9News saying that they were reaching out to Custer County about the move. The statement said "getting back to the Colorado we love won't be like flipping a light switch."
However, Custer County says they've been in communication with state health officials throughout their decision-making process, and they believe their decision to return "back to normal" is in line with the state's health orders.
Custer County Government officials in a joint statement to KRDO on Thursday.
"Consulting with Colorado Department of Health & Environment (CDPHE) and considering local COVID-19 conditions were instrumental in reaching this decision."
Later in that statement, Dr. Brown says Custer County's major reduction in positive COVID-19 cases and successful vaccination of the at-risk population brings Custer County in alignment with the Governor's Executive Order.
Custer County has had a COVID-19 positivity rate of 0% and no new hospitalizations, according to state data updated on Wednesday. With a population of around 5,000, more than 1,400 residents in Custer County have received at least one dose of the COVID-19 virus, according to the County's numbers.
CDPHE tells KRDO they have not authorized any county in the State of Colorado to be removed from the COVID-19 Dial.
"We must all continue to work together to slow disease transmission," CDPHE said in a statement to KRDO NewsChannel 13. "Research indicates a possible surge in cases this spring, and we cannot let our guard down now. Everyone should continue to wear masks, practice physical distancing, wash their hands frequently, and limit gatherings with those outside their household."
CDPHE says they will contact Custer County's Board of Health to remind them of the state health orders that remain in place. State health officials can restrict funding to any county that enacts less restrictive measures than what is required by the state.
The Custer County Board of Health will meet on March 10 to monitor the COVID-19 data and develop guidelines for returning "back to normal."
