COLUMBUS, Ohio (AP): Gov. Mike DeWine predicted a chaotic future for Ohio in a letter Monday pleading with fellow Republican lawmakers to compromise on a health bill that would handicap the state’s ability to issue any orders during an emergency on the same day the state surpassed 1 million COVID-19 cases.
The Republican governor vowed on Tuesday to veto a bill that was passed by the GOP-controlled Legislature earlier this month. The promise came hours after he issued a five-page letter outlining how the proposal would impede the administrative branch’s ability to protect Ohioans, not only during the coronavirus pandemic but also amid weather emergencies, food contaminations, prison riots or terrorist attacks.
During his briefing Monday afternoon, DeWine said without providing details that he sent House and Senate leadership a compromise that would include their concerns for legislative oversight.
But for some lawmakers in his party, the governor’s attempts to find common ground came too late.
DeWine’s proposals over the weekend were just a last-minute attempt to delay the veto override, Senate Republican spokesperson John Fortney said Monday.
He added, if the governor “wanted to work with the General Assembly, that process should have started weeks ago when SB22 was in committee.” The Senate still plans to override a potential veto Wednesday, Fortney said.
In his letter, DeWine also warned members of his party of the onslaught of lawsuits that will flood the state’s courthouses under a provision of the bill that would allow anyone who feels aggrieved by a local or state health order to sue.
“So, at precisely the times that government must act with focus and resolve making immediate, decisive, gut-wrenching, and often unpopular decisions, SB 22 flings the Courthouse doors wide open for immediate judicial intervention,” DeWine wrote. “SB 22 not only allows for this, but encourages it through potentially lucrative attorneys’ fees and damage awards against the State.”
The Senate bill in question would allow state lawmakers to rescind public health orders issued by the governor or the Ohio Department of Health as soon as they take effect, as well as prevent the governor from reintroducing similar orders for at least 60 days. The bill would also limit state of emergency orders to a period of 90 days but allow lawmakers to extend them in 60-day increments indefinitely.
The legislative action is the latest in a year-long attempt by GOP lawmakers to rein in DeWine’s authority to issue public health orders during the pandemic.
The Monday letter from the governor is addressed to GOP Rep. Scott Wiggam, of Wooster, who championed the bill to the House floor on March 10, where it passed on party lines. Wiggam praised the bill as bringing checks and balances back to state government after many Republican lawmakers saw DeWine’s pandemic powers to order lockdowns and issue mask mandates as having gone unchecked.
“We give the executive branch these powers and we can take them away,” Wiggam said Monday in response to DeWine’s letter. “After all, an order is not legislation, but the governor is trying to argue that it is.”
The lawmaker added, “He’s trying to be the legislative branch, the executive branch, and judicial all in one.”
One of the many examples DeWine highlights in the letter as detrimental to public safety is a restriction on the state health department from forcing someone to quarantine unless they’ve been “medically diagnosed” with an illness or have come into contact with someone who has.
This provision would have barred Ohio from enforcing quarantines on two Miami University students who returned to the state from Wuhan, China, in January 2020, potentially leading to the early spread of the virus, DeWine wrote.