Colorado Politics

BIDLACK | How much leeway should a county get?

Hal Bidlack

So, just how big should a government be? OK, I admit, it’s a trick question. Back in 2008, when I made my quixotic run for the U.S. House of Representatives from the Colorado Springs area, I had an answer that was honest and, perhaps inevitably, unsatisfactory. I said the government, at whatever level we are talking about, should be just big enough to do the things that it needs to do, and, in general, what the people living there want. 

Now there is a wide range of views on the size of government and the recent passage of the $1.9 trillion American Rescue Plan will no doubt help keep the arguments going. The bill, which is for COVID relief and to also address the overall impact of the pandemic on our society, passed with nary a single Republican voting in favor. It appears that since Biden took office, the GOPers suddenly remembered they are against government spending and boosting the deficit. Funny how they didn’t have a problem with such spending when the previous president wanted a $2.3 trillion tax cut for businesses and mostly rich folks, but I digress…

Thomas Jefferson and Alexander Hamilton (with whom I have some familiarity – hamiltonlives.com) differed on the question of government size. Jefferson, in his perfect world, wanted what he called “ward republics,” where the government would be little more than perhaps 20 or so gentlemen farmers in an area. While there would be larger divisions at the state and national level, Jefferson wanted the main power to be held as close to the people as possible, and a small ward was his favorite size. Hamilton, on the other hand, felt that your rights as an American should not vary based on where you were born. In his perfect world, the states would be reduced to “mere administrative units” and the main powers of government would be exercised at the national level. 

Surely the best balance on the question of government size in the 21st century must be somewhere in the middle? 

Which, of course, brings me to the good people of beautiful Custer County.

As reported in Colorado Politics, the Custer County commissioners voted to end all COVID restrictions in the county, in apparent defiance of Gov. Polis and the Colorado Department of Public Health and Environment’s directives. Back on March 3, two of the three commissioners voted to reopen and remove all restrictions, such as mask wearing, in their role as the county’s Board of Health. Things got a bit testy, and once again, a question of medicine and science has again been politicized, with the heavily GOP county’s leaders basically declaring that they won’t be tread upon, to turn a phrase.

Now, I *love* Custer County. The astronomy club I belong to owns a “dark sky” site east of Custer County, and when camped out on that land, we often head to Westcliffe for supplies and to enjoy the very nice people there. The city set up an observatory and even qualified for “dark sky” status by putting limits on the types of lights that can be installed (basically, they need to shine down instead of up). Oh, and the world’s very best Ace Hardware is just on the east side of town. I swear, if you need anything, they have it, but I, again, digress…

It is hard to get accurate COVID numbers in such rural areas. There is no hospital in Westcliffe, as you would expect in a county with a total population of under 5,000 folks. If you get sick there, you head to Pueblo. But as near as can be figured out, about 164 county residents have tested positive for the virus, and sadly, at least one person died. The county’s director of public health is an optometrist not licensed to practice in Colorado and appears to perhaps have some credibility issues as a scientist. But such issues of special expertise are not unknown in smaller counties and communities. As a result, you can end up with a bit of a Davy-and-Goliath issue when going up against, for example, a big state board.

Now, I certainly have an opinion on whether it is wise to pull COVID restrictions entirely when the virus is still on the loose (Spoiler: it is not wise, sorry Texas). But the issue of whether a county can defy a state on a public health issue goes beyond the specific example of COVID that we face today. Is it OK for a county to just announce they are somehow “immune” from state regulations? Does that mean that say, the city of Westcliffe could tell its own county leadership that they won’t pay county tax fees anymore? Can an individual ignore building codes because rules like having wires with proper insulation are somehow tyranny? 

Jefferson and Hamilton lived in a world where information (and viruses) could travel no faster than a galloping horse or a ship at sea. Today, a person who gets coughed on by a maskless person in a Westcliffe shop might tomorrow find himself back at work in an old folk’s home in Albuquerque. Shall local counties and communities be able to decide what state mandates they will follow and what not? I’m pretty sure if you were to rob that wonderful Ace Hardware store, you’ll be arrested by the Custer County Sheriff for violating the state law. 

Are rules to protect our health that different? I think not.

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