Little, health officials working to protect us all
Dear Rep. Scott:
I write on behalf of my six month-old baby boy, Emmett Capossela. Emmett was born in Bonner General Hospital on November 17, 2019 at 25 weeks, and has spent most of his life at Sacred Heart Children’s Hospital in Spokane. He currently wears a stoma, after two surgeries on his intestine and colon, because of problems with the development of his digestive tract. As he grows and his digestive tract improves, he will have a third surgery to reconnect his intestine and colon, but in the meantime he has an open wound.
The wound is a potential exposure pathway for coronavirus. Emmett is extremely vulnerable to infection. Accordingly, our family really appreciates those public officials that take a responsible approach to social distancing and other preventive measures to mitigate the spread of Coronavirus. Unfortunately, your public statements are very unhelpful in that regard. I write to respectfully request that, as a public official representing our community in the state legislature, you alter the tone and substance of your public statements on Governor Little’s emergency stay at home order during the coronavirus pandemic.
The order clearly falls within the governor’s authority. The authority to act during periods of emergency is enshrined in Article IV, section 4 of the Idaho Constitution. The legislature elaborated on that constitutional authority with the enactment of the Disaster Preparedness Act. Section 3 of the act states that it is the policy of the state of Idaho to “prevent and reduce damage, injury and loss of life or property resulting from... disasters.” (Idaho Code Ann. §46-1003(2)). Under the act, it is the state’s role to ensure “prompt and efficient... care and treatment of persons” that need medical assistance because of a disaster.
Any public official that discourages compliance with Governor Little’s emergency order and the common sense practices of social distancing and sheltering in place are themselves violating Idaho’s constitution, and state law.
Section 401 of the federal Stafford Act also recognizes the governors’ authority to take “appropriate response action” during an emergency. (42 U.S.C. §5170). The governor’s actions and the recommendations of the public health professionals in our community are totally consistent with the constitution and with federal law, as well as state law.
As you know, the first amendment guarantees free speech. But it is not legal to yell “fire” in a crowded theater, because people could get hurt. The bill of rights similarly guarantees a right to travel, yet we obtain driver’s licenses and auto insurance; again, to protect public health.
That is what Governor Little and our health officials are doing now — protecting public health. It is incumbent upon all responsible public officials to support the efforts to practice social distancing and sheltering in place during this pandemic.
Christian doctrine also strongly suggests that we take these responsible measures. Elders, folks with diabetes or heart disease, and other vulnerable Idahoans, such as my little boy Emmett, are at particular risk. St. Luke instructed us to, “Bring in hither the poor, and the maimed, and the halt, and the blind.” (Luke 14). “Suffer little children.” (Luke 18). While the mitigation measures ordered by Governor Little and recommended by our health officials protect ourselves, we also do this to protect our neighbors, and our community. And, in my family’s case, our vulnerable little boy, Emmett.
The smart thing to do, the legal thing to do, and the Christian thing to do, is to practice safety right now, and to encourage others to do so. That is what thoughtful and responsible public officials are doing in this crisis, and I strongly urge you, as my legislator, to act more sensibly and responsibly.
PETER CAPOSSELA
Cocolalla