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Maine Republicans: Take the Governor’s Emergency Powers Away

May 3, 2020

Maine Republicans are calling for a special session of the state legislature to remove the governor’s civil emergency powers in the wake of her removal of licenses from a restaurant that opened for business on Friday.

Republicans have criticized Governor Janet Mills, a Democrat, not only for the decisions she has made during the coronavirus emergency but also for not keeping state legislators informed.

“Unfortunately in recent weeks, concerns raised by the Legislature to the Governor have been met with disregard and even contempt,” states the letter, dated Saturday, May 2 and signed by the Republican leaders in both the Maine Senate and the Maine House of Representatives.

Republicans also say they are scratching their heads about the governor’s plans for the future, particularly concerning an announced 14-day quarantine for all visitors to Maine — which hotel operators and restaurant owners say would kill the vital summer tourist season.

“What we have been given is a phased-in plan that seemingly picks winners and losers,” the Republican leaders’ letter states. “It imposes an arbitrary set of rules for our businesses with no information on the scientific data used to create them.”

Governor Mills briefly acknowledged criticism during a press conference Friday, May 1, but didn’t take questions from reporters, according to the Bangor Daily News.

Maine has had an extraordinarily mild experience with coronavirus – 1,152 cases and 56 deaths as of 11:45 a.m. Friday, May 2, according to the state government, out of a population of about 1,340,000.

Yet the governor last week extended the state of emergency, including closures of restaurants and many other types of businesses, through May 18.

One restaurant owner in Newry, Maine defied the order and opened for business on Friday, May 1, the day the governor’s original closure order was set to expire. Government officials responded by yanking the restaurant’s health license, which is needed to serve food, and which automatically voided the restaurant’s liquor license, which is needed to sell alcohol.

The restaurant, Sunday River Brewing Company, closed later that same day, indefinitely.

Democrats control both chambers of the Maine legislature, so it would be extraordinary if they agreed to go into special session to consider a bill to limit the powers of the governor, who is of their party.

But the Maine Democratic leaders in the legislature have not so far issued ringing endorsements of the governor.

The Bangor Daily News on Saturday, May 2 quoted Maine Senate President Troy Jackson (D-Allagash) as saying that it “would seriously jeopardize our public health” if the state legislature took away the governor’s emergency powers, but nothing about the governor’s performance.

The same story in the Bangor Daily News quotes Maine House Speaker Sara Gideon (D-Freeport) as saying the state should “gradually reopen our economy … while following public health guidelines,” with no reference to the governor at all.

Gideon is running in the November 2020 election for U.S. Senate against the Republican incumbent, U.S. Senator Susan Collins.

The text of the letter from the Republican leaders in the Maine legislature is below:

^^^^^^^^^^^^^^^^^^^^^^^^^

Legislative Republicans issued a letter, calling on Speaker Gideon and President Jackson to reconvene the Legislature for the sole purpose of removing Governor Mills’s Civil Emergency powers.

May 2, 2020

President Troy Jackson
3 State House Station
Augusta, ME 04333

Speaker Sara Gideon
2 State House Station
August, ME 04333

 

Dear President Jackson and Speaker Gideon,

We write to ask that you call the Legislature back in to session under Maine Constitution Article IV Part III Section 1 for the express and limited purpose of ending the Governor’s “Proclamation of State of Civil Emergency to Further Protect Public Health” through an emergency joint resolution pursuant to MRSA Title 37B chapter 13 subchapter 2 section 743 part 2. 

The successful management of any emergency declared by the Executive is dependent upon keeping the Legislature informed of the decision making process.  The delegation of authority to a single decision maker in a time of emergency is necessary to ensure swift action; however, if that decision making authority is used without consultation with the legislative body, it is our obligation to rescind that authority and establish a new process working with the Governor that involves all parties to better serve Maine.  

Unfortunately in recent weeks, concerns raised by the Legislature to the Governor have been met with disregard and even contempt.

We have repeatedly asked for accommodation from the Governor to allow her Commissioners to directly answer questions from members of the Maine Legislature and have been refused.

We have asked for additional data to be released from the CDC, data that is regularly provided in other states, and is essential in determining the state of the disease in Maine.  This data is necessary for setting public policy, and to date it has not been provided to us.

We have asked for a set of guiding principles that are being used to determine which businesses can open.  To date, we have not received any such information.  What we have been given is a phased-in plan that seemingly picks winners and losers.  It imposes an arbitrary set of rules for our businesses with no information on the scientific data used to create them.   

We have asked what is being done to increase and improve testing while we learn of private testing companies in Maine closing testing sites for a lack of business.  We have received no answers.

It is for these reasons and others not listed here, that it has become necessary for the Legislature to return and end the emergency proclamation.  If the Governor refuses to share the information necessary to keep us informed of how she is making decisions of her own accord, we are left with no choice but to convene and demand she answer our questions with the full force of Legislative authority.  

Sincerely,

Senator Dana Dow
Senate Republican Leader 

Representative Kathleen Dillingham                                        
House Republican Leader

Senator Jeff Timberlake
Assitant Senate Republican Leader                              

Representative Harold “Trey” Stewart
Assistant House Republican Leader

 

 

 

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