The Mitchell County Board of Commissioners in a special meeting Thursday, April 2, took drastic and unprecedented action, going beyond their previously declared state of emergency from March 16, basing their efforts on the recommendations of the Emergency Services Director and the Toe River Health District Director.
This action implemented Draconian measures, including the closing of all lodging facilities declaring them as “non-essential businesses” – this included hotels, motels, resorts, inns, campgrounds, privately owned guesthouses and vacation rentals. The commissioners defined a mass gathering of being five or more people in public and declared them a violation of their state of emergency. The most concerning measure states that “All individuals, present in Mitchell County at all times that this Proclamation of State of Emergency is in effect are ordered to stay at home, their place of residence or current place of abode, between the hours of 10 p.m.-5:30 a.m. each day except as herein allowed,” with the exceptions of “essential business” operations, emergency medical treatment and law enforcement/emergency personnel.
The commissioners made clear that violation of this action would be a crime and would result in the maximum fine allowed by law, and it would remain in effect until modified or rescinded. This is an extreme action considering this is a county where commissioners have never adopted something as benign as a noise ordinance or a leash law for fear of the backlash.
While I support the commissioners and health personnel as individuals and realize they are good people making the decisions they believe are best, these actions are a violation of our civil rights. There is no such thing as a “non-essential business.” Social distancing is based upon unproven theories. Implementing a “curfew” is beyond the pale by any standard.
Decisions should be based on facts, not the “what-ifs.” Actions should be based on what will work. If we don’t know it will work, the first rule of proper governing is don’t do it. This is related to the law of unintended consequences, on which our commissioners most likely need to educate themselves further.
The great economist Thomas Sowell, speaking of folks like our health officials demanding specific action of elected officials said, “often, what they propose, amounts to a third-party decision made by people who pay no cost for being wrong – surely one of the least promising ways of reaching decisions satisfactory to those who must live with the consequences.”
The actions of the federal and state governments have been extremely devastating to the economy and local businesses. On the local level, the commissioners’ extraordinary actions will hurt individual business and property owners even more so. Already we have seen local businesses shut down as a result of this, and these people have poured their life savings, sweat, blood and tears into these operations. If the commissioners are to stand by their decisions, then they also need to provide relief to those damaged.
Good governance is more than just implementing laws and restrictions in a state of emergency.
Aid is needed for those affected by the actions that have been taken.
Therefore, I’m calling upon the Mitchell County Commissioners, as well as the town councils of Spruce Pine and Bakersville, to render tax relief as a result of the actions that have been taken. The property taxes of affected businesses and property owners need to be ceased in accruing throughout this declared state of emergency.
This measure needs to be taken as a local relief effort, especially for those who own businesses that are considered “non-essential,” and those whose properties can no longer be used for lodging. How can people pay taxes when the governing authorities have taken their livelihood?
This relief should apply to all retail properties used for business purposes, including any lodging entities, along with all property owners of dwellings that utilize their properties as vacation rentals.
Further, I am also calling for an immediate cessation of personal property and vehicle taxes for all businesses and individuals during the duration of this emergency.
Because the commissioners have taken the unusual and extreme measure of enacting a curfew and have sought to limit all travel to that which is deemed “necessary,” the vehicle tax should be suspended for all Mitchell County residents for the duration of this action.
This is not a call for socialism or other unnecessary programs or services, but is a call for freedom and allowing a break to the hardest hit taxpayers. The individual citizens are being asked to sacrifice in ways unprecedented.
It is time for the county and city governments to step up to the plate not just to dictate Draconian measures upon the citizens in an emergency, but to do what is right by the people by providing one of the most needed aids in economic recovery – letting the people keep their own money in their own pockets during this crisis.
Peter Franklin is managing director of Foxfire Real Estate in Spruce Pine. He may be reached by email at foxfire@peterfranklin.realtor.