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Martin County leaders reject citizen’s plea

FAIRMONT — Martin County commissioners on Tuesday heard and rejected a request by citizen Neal Meyer, who asked them to consider declaring Martin County a “Constitutional County.”

The board rejected such a declaration based on advice from the County Attorney.

Meyer presented the reasons behind his request.

“I’m asking you please to not put law enforcement in a position of issuing citations, fines or make arrests, and be made out to be bad guys because they’re not,” he said. “I’m asking for you to agree that there are ‘non-essential’ workers here in Martin County who fear repercussions from law enforcement who can’t make their own decisions regarding their own health and safety. I’m asking you if you agree that churches in Martin County are non-essential and whose congregants can’t make their own decisions regarding their own health and safety.

“I’m asking you what happened in Martin County to our rights to due process, religious freedom, equal protection under the law, and rights to life, liberty and property? They’ve all been stripped. I’d ask you to trust your constituents, people who put you where you are, to take care of themselves and their families and seek their own medical attention and advice.

“I drove by the liquor store the other day and it was packed,” he said. “I went Bomgaars, Hy-Vee, Fleet & Farm, and they were packed. There were two food trucks in the Slumberland parking lot, yet nail and hair salons, restaurants, bars, libraries, schools and churches have all shuttered their doors.”

County Attorney Terry Viesselman weighed in.

“A lot of the issues are being debated across the country,” he said. “Ultimately, the board can make a public declaration on any of those issues if it wishes, but if what’s being requested is that the board make some sort of resolution or statement that [Gov. Tim Walz’s] order is unconstitutional and shouldn’t be followed, I’d advise against that.

“You as the board do not have any authority to tell law enforcement or any county officials not to enforce the governor’s order. The governor’s order is constitutional unless it was challenged in court and the court declares otherwise.

“I agree with him (Meyer),” said Commissioner Richard Koons. “Sometimes it’s not about making a law, but making a statement.”

“When we took this office, we all swore to uphold the Constitution of the United States, so obviously we agree with whatever’s in it right now,” said Commissioner Steve Flohrs. “I agree with Terry; I don’t think there’s anything we can do lawfully.”

Commissioner Kathy Smith sai she agreed with Flohrs.

“Neal did bring up some very good points, but according to our attorney we can’t do anything,” said Commissioner Elliot Belgard. “These are unprecedented times and we all need to relax a little bit and get through this. I do agree that it appears there’s no end in sight, but I do believe that we’ll be starting to open it up.”

Meyer then asked about the right to peaceably assemble, specifically what would happen to pastors and congregations if churches chose to open their doors before the stay-at-home order is lifted.

“That worries me also,” Flohrs said. “But I don’t know how that’s all going to work. That is a problem.”

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