Colorado Politics

As House GOP took aim at pandemic restrictions, Democrats’ exasperation surfaced

If Colorado’s House Republicans had annoyed Democrats during the three-day special session by repeated attempts to undermine COVID-19 health orders and going maskless at the Capitol, the frustration boiled over on the final day.

“In this chamber, some people have chosen not to wear face masks, and to come over and talk to their colleagues without face masks,” said Rep. Cathy Kipp, D-Fort Collins, standing at the microphone with her voice shaking and her Democratic colleagues standing in solidarity. “I find that offensive. I am not going to tolerate people encouraging the kind of civil disobedience that will cost lives. That is not OK.”

Kipp was also the lawmaker who tweeted a photo on Monday of Rep. Larry Liston, R-Colorado Springs, wearing his mask over the top of his head instead of over his face. Liston denied any wrongdoing, saying critics were being “way too sensitive.”

After several members of the majority party had voiced concerns about their own safety attending a large public gathering at a time when one in 41 Coloradans has COVID-19, they were relieved Kipp had finally said what they felt.

“Rep. Kipp doesn’t say much at the mic, so when she talks, it’s important and from the heart,” observed Rep. Jonathan Singer, D-Longmont.

With a husband who is a cancer survivor and a diabetic, Rep. Julie McCluskie, D-Dillon, said she struggled with the responsibility to her constituents and avoidance of unnecessary risk.

“I am angered that members of this body use mask-wearing and non-compliance with public health guidance as political show. I am grateful for Rep. Kipp’s words,” she said.

Republicans who did honor mask-wearing and distancing guidelines were nonetheless disinclined to criticize their colleagues who chose to do otherwise.

“I see it as a courtesy, whether I agree or disagree with it. To me it’s a courtesy and a respect thing,” said Rep. Jim Wilson, R-Salida, who attended the session remotely because he did not want to bring home a potentially fatal virus to his wife and family.

Most members of his caucus, said Rep. Richard Holtorf, R-Akron, did not, in his opinion, see mask-wearing as an issue of respect. Although Holtorf did cover his face, he also suggested that it is detrimental to “live in fear” of the virus.

He did agree that Kipp was right to be offended – to a point.

“She should have said, ‘please stay back 6 feet. I’m concerned about the COVID threat,’ and she should have stated that to whomever she was dialoguing with,” Holtorf said. “And she should have further said, ‘would you please put on a mask so we can have a professional dialogue and I am comfortable we’re both protected?'”

If the person refused, “then she had every right to come forward and make the claim she made.”

However, seeing mask-wearing only as a courtesy to be invited was not the diagnosis of some Democrats.

“It seems that putting one’s health at risk is a strange protest behavior passed down from the nation’s worst and most unintelligent president ever,” observed Rep. Alex Valdez, D-Denver. “It’s a sad state of things.”

But conflict over personal health choices was not the only subtext to the extraordinary session.

What prompted Kipp’s remarks was a speech from maskless Rep. Dave Williams, R-Colorado Springs, announcing his opposition to a bill covering $57 million in aid and associated costs to small businesses, minority-owned companies, and arts and cultural organizations. In doing so, Williams incited businesses to disregard COVID-19 restrictions that adversely affect their operations.

“I think it’s time that more businesses rise up and engage in civil disobedience. I encourage it and I encourage all of you to encourage it,” Williams said.

Kipp added in her rebuke that such rhetoric was irresponsible. “You are encouraging your local businesses to have their license revoked by the state,” she warned.

On Tuesday, Republicans in the House of Representatives attempted to attach several amendments to relief legislation to curb Gov. Jared Polis’s emergency powers and overturn public health orders. Williams himself offered several: one to exempt faith houses from restrictions; another to retain legislative control over spending.

Along with Liston, he introduced amendments to restore 100% capacity to businesses that were otherwise following health orders. Then, when that failed, 75%. Then 73%. Then 50%.

“When we continue on in the state of emergency and then have emergency orders numbering over 230,” argued Rep. Mark Baisley, R-Roxborough Park, “we’re no longer living under a constitutional republic. We’re living under the imagination, the preference, of one particular person.”

McCluskie, one of the sponsors of the relief legislation, pushed back on attempts to micromanage the work of the Colorado Department of Public Health and Environment.

“Any other focus on public health guidance that has been coming from CDPHE or the governor’s office should remain outside of this bill,” she warned.

Holtorf had been a critic of Republicans’ treatment during the special session and of the pandemic directives on rural Colorado generally but sided at first against his party.

“I hate to inform my colleagues, but this bill has nothing to do with your freedoms. This bill has nothing to do with your constitutional rights,” he said during the floor debate. “If Gov. Polis needs funds, then we are here and have been directed to give him the money.”

Although he ultimately reversed course and voted for the amendment about faith houses, Holtorf said on Wednesday that he did it to keep harmony in the caucus, and he stood by his comments.

“There is a very strong sentiment among constituents that the Republican legislators need to make statements and need to try to correct and realign constitutional rights with the governor’s authorities,” Holtorf said. “And truly many Republicans believe that the constitutional rights are not diminished during war or times or crisis or times of pandemic.”

While Democrats argued government assistance was needed to mitigate the effects of the pandemic, Republicans, in turn, saw the public health restrictions as the cause of pain and suffering.

“We’ve created this monster,” said Wilson. He acknowledged, however, that if Polis had lifted all restrictions months ago, businesses would likely still need economic relief.

By the end of the session, Republican efforts to curb the governor’s power had failed, while Polis will now get to sign legislation in each of the areas he identified for calling the session in the first place.

“The Governor’s grateful for the trust the people of Colorado have bestowed upon him to manage this pandemic,” said Conor Cahill, a spokesperson for Polis. “The Governor is proud of legislators of both parties for coming together to help solve problems.”

Colorado State House District 51 Rep. Hugh McKean (R) speaks on the floor during a House session at the Colorado state capitol on Dec. 2, 2020. After Wednesday’s session lawmakers do not reconvene until January of 2021. 
Forrest Czarnecki
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