Franklin County Sheriff: Won't enforce 'stay at home' order

PASCO, Wash. -- Franklin County Sheriff J.D. Raymond says he will not be enforcing Gov. Jay Inslee's "stay at home" orders nor "guidelines that infringe on your constitutional rights."

The move comes as Franklin County commissioners voted to ignore Inslee's order, county-wide, according to a Facebook post by county commissioner Clint Didier.

It's a move the governor's office stresses is illegal.

Raymond opened a two-page letter to his constituents Monday by declaring he does believe COVID-19 is real and "needs to be dealt with appropriately."

"I believe that social distancing and taking appropriate and proper steps to slow the spread of the virus and control its transmission is important," Raymond said.

But Raymond, who has been sheriff for six years there in the Eastern Washington county that includes part of the Tri-Cities area, also says he believes that adults are "capable of policing" themselves and that as adults "we have the capability of adjusting our habits to these trying times."

In introducing the letter, Raymond says his office has been getting several calls and emails wondering where he stood on Inslee's order. The letter also appears to have been triggered in part by a report to the sheriff that a Pasco church who was conducting 'drive-in' church services was told by Gov. Inslee and state attorney general Bob Ferguson in an "intimidating letter" that those services were banned. The attribution to Inslee and Ferguson turned out to be in error, and Raymond posted a retraction letter and apology on Facebook Tuesday morning.

MORE| Sheriff Raymond's Original Letter||Subsequent Retraction to Erroneous Inslee/Ferguson Claims

But Raymond says he stands by his remarks that local businesses and houses of worship can return while adhering to strict social distancing standards, adding he believes citizens have been "deprived of their right to earn and to live."

"This intrudes on our right to life, liberty, and the pursuit of happiness; and neither I not my office will enforce any arrests or fines regarding the operation of privately owned businesses," Raymond said, ending his second letter with "let common sense prevail!"

Then on Tuesday, Didier wrote that he and his two fellow commissioners voted unanimously for Franklin County to "end recognition of the Governor's 'Stay at Home Emergency Proclamation(') " deeming it "unconstitutional."

Didier claimed state law only allowed Gov. Inslee to issue a State of Emergency for 30 days without legislative approval and that meant his order had expired, KONA Radio reported. Inslee's office says legislative leaders approved the extension on April 15 but that state's general counsel agreed that Inslee could extend the order without legislative approval.

On the other hand, officials in Kittitas County, also in Eastern Washington, sent out a press release Tuesday affirming that the county is legally bound to follow Inslee's order and while they can impose stricter restrictions, they "cannot choose to enforce anything less than what the state requires," the release states. "With that, local elected officials whether at the county or city levels do not have statutory authority to change anything within Kittitas County, under the Governor’s direction."

“In addition to violating state law," adds Kittitas County Health Officer Dr. Mark Larson, "those choices put those counties, and the people living within them, at a significant risk. The liability the county takes on will directly affect its constituents; specifically, who will be at fault when someone contracts COVID-19 in a situation that directly ignores the Governor’s orders?”

Raymond and Didiers' statements of rebellion come as calls mount across the state for Inslee to ease the state's stay-at-home order after a weekend protest drew about 2,500 to Olympia.

But Gov. Inslee's office maintains no county or official can just decide to ignore the law.

"It clearly violates the Stay Home order - it is illegal and they don't have the authority to do this," a spokesperson for Gov. Inslee told KOMO News. "Only the State Supreme Court can declare something unconstitutional."

In response to the weekend protests, Inslee issued a statement Monday reading: “I hear every day from people who want to go back to work, open their businesses and spend time with their friends and family. Most of them are doing what must be done first to accomplish that: They’re staying home. These are difficult and frustrating times. I understand the urgency of this crisis. However, this is not the time to halt the progress we have made. I encourage everyone in our state to stay home, stay healthy and, if you need to go out, practice adequate physical distancing."

Inslee did say during a national television interview Sunday that he hopes to get to the next phase of reopening businesses in the next several weeks.

“And by the way, this is not a light switch, it’s going to be a dial,” he told ABC’s "This Week." “Where we can help businesses reopen and give them the advice and expertise so that they can do it in a safe way.”

The latest models from University of Washington researchers show that if residents continue strict physical distancing, the state may be ready to start lifting restrictions about a month from now.

Inslee's stay-home order runs through May 4 and there has been no public indication if it will be extended. As of April 19, Franklin County reported 198 cases of COVID-19 with four deaths.