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What are the limits on Ohio Gov. DeWine’s emergency powers?



governor, do you feel the withdrawal has been botched? Oh, john you know, I'm watching it from afar, just as everyone else is. It certainly is not the way we want to see it. It's a it's not work at all. All refrain from characterizing it. My message mostly is to the families. But yes, it's been a very, very disturbing and sad thing to watch on tv. And of course, what happened today is just just gut wrenching Gov. Why does the state not published breakthrough COVID-19 cases. Are you afraid that it will discourage people from getting the vaccine? We we we have given uh made those numbers available in regard to people who end up in the hospital, in regard to people who are killed. I've asked the same question and the federal government CDCs that does not do that. Um, The answer we get from them and then I get from Dr Vanderhof is very simple and that is, there's no way to have these figures be reliable, that it is reliable. Who ends up in the hospital and you can tell where they have, they been vaccinated or not been vaccinated. And as you know, we've quoted these numbers before, 98 a half percent of the people who are in the hospital have been in the hospital for covid since january were not vaccinated 1/2% war vaccinated. Those are pretty hard figures. Pretty accurate figures. But we can't tell think of a person who has Covid had had excuse me. Think of a person who got the shot. And then a few months later they got, they got some chills. They got something they didn't, they didn't even get tested or, or so that these numbers are not very reliable in that regard. So, and I'm going back to the health department asked and they said, look, we can't get reliable. We don't believe the numbers are reliable. And I understand some other states are doing it, but we don't think the figures would be very reliable. What we think is important is for people to know what their odds are going to the hospital. And that's why we're very careful to try to report those, those numbers. People in the hospital, those have been vaccinated one number. Those have not been vaccinated. The other number. Who else? So we've got, we just got a university of announced that it's going to require vaccines for students. Universities. You see you considering it. What is your thought whether universities should require this for our students and our faculty and staff. You know, when you send your child to uh college, I've done that friend. I've done that eight times and we've seen that with a number of our grandchildren. Uh, one of the most important concerns is, are they going to be safe? These universities have a responsibility. Our hospitals have a responsibility. When you go to hospital. Are you going to be safe? Businesses have a responsibility to keep their customers safe. They have a responsibility to keep their employees safe. So I think this is a decision we should continue to allow the hospitals, universities, the businesses to make and government should not get involved in trying to interfere with them. Despite the record high rates that we're seeing in the ICU admissions that are nearing capacity. That's still the stance. I'm sorry. The question, I'm sorry. The question is uh, the record, the covid numbers that came out today and I see us that are saying they're reaching capacity and elective surgeries are having to be cancelled. I mean, what do we do? What's the answer here? What do we do? Well, thank you very much for the question. What we do is we get more people vaccinated. There's only one way out of this pandemic. Uh, there is only one way out and that is more people vaccine. We hit the number of 60. Um, I use 12 and above for a reason 12 and above because we know that teenagers can in fact spread it. We are now at 60% of those 12 and above who have now been vaccinated in the state of Ohio, that's the good news. The bad news is we're Of course have 40% who have not been now. Some of those can't be yet. Uh, but let's take for example, 12 and above. 12- 17. We're probably in the high thirties percentage wise in regard to that group. So more people being vaccinated. The second thing that we can do to slow down the spread is to students who close together in a classroom would be an example uh, to wear a mask or someone's going to be in a, you know, inside for a long period of time and they're with other people not vaccinated. It would certainly be wise for those individuals to wear a mask. Um, that's really what we can do about it now. As far as the numbers, we have seen a dramatic increase in hospitalization in Ohio and we're following this every day. I know you're following it every day and you see those numbers change every day there. They're going up. Um, I stay in touch with our hospitals. You know, they are certainly are concerned. It is a little different situation or significantly different situation than what we had before the vaccine. We now have over 80% Of those 65 years of age and older in Ohio who have been vaccinated. Uh, so over 80% of that group. So that is the most vulnerable group. And so now we have basically taken them effectively off the table as people who are going to end up in a hospital. So not where we want to be. But the remedy is pretty pretty clear. It's vaccinations, vaccinations, vaccinations and people who are not vaccinated when you're inside with other people. We're a mask. Anybody else Governor today, the ceo of the center, Ohio council said the Ohio. And just days to prevent the state next floor, the little Mac still being dispatched. What do you think? Do you think that was? I don't know. You know, I don't know. Our numbers are going up. It coincides with schools going back in session. So you know what we have done is we have looked to see how long it took the Della variant to reach your peak in other countries in other states. But we have the added challenge that we are going back to school right in the middle of it. And so that's why I, you know, I commend schools. I thank them for schools that have made the decision to be masked. That is the way to keep students safe for parents and for school administrators. The best way uh, to keep our kids in school. And we all, I think agree that kids should be physically in school five days a week. It's in their best interest to do that. Both their emotional and mental health and well they're learning it always better when they're in school. And the best way to do that is to be either vaccinated or mask required mess in school. It's going in. They passed similar laws of the legislature passed similar laws limited bashir's power. Canton Ohio. Yeah, I spent part of yesterday on the, on a zoom call. Actually two of them were 30, approximately 30 superintendents around the state talking to them, talking to um suburban districts, talking to rural rural districts and just to listen to what their concerns are and what their, what their thoughts are. Um, so at this point, you know, I made the decision not to not to do that. As you know, the law provides that if the state Legislature does not like a health order, they can repeal it, Get rid of it instantly. They can just go into session. I don't have to say about it. They get to vote, Senate House gets to vote. You also have the challenge, frankly, if you mandate that if I was to mandate that we also have the challenge that we have a number of schools that in all likelihood or just simply going to ignore. Um, so I want to stay focused. Uh, I think it's important that we stay focused on the vaccine. It literally is our ticket out. It's the only way out of this. And for us to have a battle over, uh, masking, I'm afraid would divert attention from that. Now. We were hoping that we would see an increase in regard to vaccinations because of the action taken by the FDA and going from emergency use to regular use for the fighter. We're not seeing that yet. Now it's still early. These numbers are lagging. Uh, so we're going to continue to watch that. But we've really not seen an uptick at all. It's been fairly flat so far and that's a disappointment. Well, we're going to drive to bring jobs to the folks here. Just how far are you going to go to help? Well, it's very it's very interesting. You know, whenever this was a great meeting and a lot of good ideas, Ohio is a great, great manufacturing state. We have great manufacturers. Everybody in that room uh, was was a manufacturer and they had, you know, interesting ideas. But they face the challenge that other companies face everybody. Everybody from Mcdonald's to the manufacturing and everything in between. They're all looking for workers. And one of things I said to them is look, we've taken some action in Ohio, you know, we believe people should work, able bodied, people should work. I've talked to the Attorney general uh Dave Yost about filing a lawsuit in regard to the federal government's refusal to grant a waiver that we wanted in regard to adult Medicaid workers who do not have people on Medicaid who do not have Children. We think that they should work or if, you know, if they need skill sets, then education, we're all for that and education would would check the box as far as work. But brian administration unfortunately has refused to do that. And so we're talking to the Attorney General about possibly filing a lawsuit in regard to that things. Yeah. Well okay sean do anything. Hey, we're trying to recruit boomerang. Ohioans people who went to school here? People who used to work here. We're working with jobs. Ohio to make sure that we're reaching out to them so that they know the all of the opportunities here. We literally are creating jobs in Ohio faster than we can find people to fill them. So we're going to go out and find people to fill them and we're excited about thank you all very much, mm hmm, mm hmm.

What are the limits on Ohio Gov. DeWine’s emergency powers?


As Republican Ohio Gov. Mike DeWine gears up for his reelection campaign next year, Democratic opponent Nan Whaley has called on him to take stronger action on the coronavirus pandemic.DeWine, among the most aggressive of governors at the outset of the pandemic, has since seen his emergency powers limited by the Legislature, which is controlled by supermajorities of fellow Republicans in both chambers.He has cited the restrictive legislation among his reasons for not imposing new mandates, as well as a belief that “the vast majority of people” nearly 18 months into the crisis want to make their own decisions.The Associated Press takes a closer look at those positions:WHAT DID WHALEY ASK OF DEWINE? Whaley, the mayor of Dayton, last week called on DeWine to mandate mask-wearing at all K-12 schools, which would be in line with the most recent guidance of the Centers for Disease Control and Prevention. DeWine has strongly urged that school districts require masks, but stopped short of ordering them to do so.Whaley contrasts the state's requirements with those in Dayton, where school and city indoor mask requirements are in place and all city employees have been required to get a COVID-19 vaccine by Sept. 20 or undergo regular virus testing at their own expense.HOW DID DEWINE RESPOND? Asked if he would exercise his power to issue temporary emergency orders, DeWine told reporters part of governing is understanding one's place in history. The statement implied that the people's appetite for government mandates may have been different in March 2020 than it is now - as evidenced by the legislative backlash DeWine has felt.“We’re clearly well past the time when the state can mandate to parents, to local school districts, to parochial or private schools, what actions to take," he said. “These decisions today rest with each parent, rest with the parents and rest with the school officials.”WHAT DOES THE PUBLIC WANT?As COVID-19 cases surge around the country, an Associated Press-NORC Center for Public Affairs Research poll released Monday showed about 6 in 10 Americans support mask mandates for students and teachers in K-12 schools.Similar shares say teachers and eligible students should also be required to receive a COVID-19 vaccine, the poll found.The poll also found a sharp political divide, however. About 3 in 10 Republicans said they favor mask requirements for students and teachers and vaccine mandates in schools, compared with about 8 in 10 Democrats. What that means in a nutshell? DeWine is playing to his base, and Whaley is playing to hers.DID LAWMAKERS REALLY TIE DEWINE'S HANDS? The bill that limited DeWine's emergency powers was indeed sweepingly restrictive, putting limits on orders issued by him, the lieutenant governor, state auditor, treasurer, attorney general and secretary of state. It also prevents local health departments from issuing mass school and business orders and allows lawmakers to rescind orders or rules issued in response to an emergency, such as by the Ohio Department of Health.But the bill, which DeWine vetoed and lawmakers overrode, did leave the governor some options that he has yet to exercise. WHAT KINDS OF OPTIONS?The legislation limits DeWine's declarations of emergency to 90 days barring a legislative extension. Lawmakers can also terminate an emergency order after 30 days under the bill. When an order is terminated or expires, DeWine has to wait 60 days to reissue a substantially similar order. However, the bill gives the governor the ability to request and receive a legislative waiver of that 60-day waiting period by asking for one and getting their approval. DeWine has never had occasion to make such a request. He hasn't tested the bill since it passed by declaring a state of emergency. That would force the Legislature to either live with it or to take a public vote against it that could become important as lawmakers seek re-election next year. DeWine terminated Ohio's existing state of emergency on June 18. Sixty days from that date fell on Aug. 17.

As Republican Ohio Gov. Mike DeWine gears up for his reelection campaign next year, Democratic opponent Nan Whaley has called on him to take stronger action on the coronavirus pandemic.

DeWine, among the most aggressive of governors at the outset of the pandemic, has since seen his emergency powers limited by the Legislature, which is controlled by supermajorities of fellow Republicans in both chambers.

He has cited the restrictive legislation among his reasons for not imposing new mandates, as well as a belief that “the vast majority of people” nearly 18 months into the crisis want to make their own decisions.

The Associated Press takes a closer look at those positions:

WHAT DID WHALEY ASK OF DEWINE?

Whaley, the mayor of Dayton, last week called on DeWine to mandate mask-wearing at all K-12 schools, which would be in line with the most recent guidance of the Centers for Disease Control and Prevention.

DeWine has strongly urged that school districts require masks, but stopped short of ordering them to do so.

Whaley contrasts the state's requirements with those in Dayton, where school and city indoor mask requirements are in place and all city employees have been required to get a COVID-19 vaccine by Sept. 20 or undergo regular virus testing at their own expense.

HOW DID DEWINE RESPOND?

Asked if he would exercise his power to issue temporary emergency orders, DeWine told reporters part of governing is understanding one's place in history. The statement implied that the people's appetite for government mandates may have been different in March 2020 than it is now - as evidenced by the legislative backlash DeWine has felt.

“We’re clearly well past the time when the state can mandate to parents, to local school districts, to parochial or private schools, what actions to take," he said. “These decisions today rest with each parent, rest with the parents and rest with the school officials.”

WHAT DOES THE PUBLIC WANT?

As COVID-19 cases surge around the country, an Associated Press-NORC Center for Public Affairs Research poll released Monday showed about 6 in 10 Americans support mask mandates for students and teachers in K-12 schools.

Similar shares say teachers and eligible students should also be required to receive a COVID-19 vaccine, the poll found.

The poll also found a sharp political divide, however. About 3 in 10 Republicans said they favor mask requirements for students and teachers and vaccine mandates in schools, compared with about 8 in 10 Democrats.

What that means in a nutshell? DeWine is playing to his base, and Whaley is playing to hers.

DID LAWMAKERS REALLY TIE DEWINE'S HANDS?

The bill that limited DeWine's emergency powers was indeed sweepingly restrictive, putting limits on orders issued by him, the lieutenant governor, state auditor, treasurer, attorney general and secretary of state.

It also prevents local health departments from issuing mass school and business orders and allows lawmakers to rescind orders or rules issued in response to an emergency, such as by the Ohio Department of Health.

But the bill, which DeWine vetoed and lawmakers overrode, did leave the governor some options that he has yet to exercise.

WHAT KINDS OF OPTIONS?

The legislation limits DeWine's declarations of emergency to 90 days barring a legislative extension. Lawmakers can also terminate an emergency order after 30 days under the bill.

When an order is terminated or expires, DeWine has to wait 60 days to reissue a substantially similar order. However, the bill gives the governor the ability to request and receive a legislative waiver of that 60-day waiting period by asking for one and getting their approval.

DeWine has never had occasion to make such a request. He hasn't tested the bill since it passed by declaring a state of emergency. That would force the Legislature to either live with it or to take a public vote against it that could become important as lawmakers seek re-election next year.

DeWine terminated Ohio's existing state of emergency on June 18. Sixty days from that date fell on Aug. 17.


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