Masks, alcohol limits & more: What powers do Charlotte leaders have to curb COVID-19 spread?

Charlotte-area officials have sweeping powers they could wield during a public health emergency like the coronavirus pandemic. But few enhanced local restrictions are under serious consideration, elected leaders and administrators from across Mecklenburg County told The Charlotte Observer this week.

COVID-19 rules and precautions currently in place in Charlotte and Mecklenburg County are largely the product of statewide government orders and restrictions. An earlier local stay-at-home order expired in April, with county leaders instead favoring North Carolina’s phased reopening plan.

Other than recently enacting a mask mandate inside government-owned buildings (which are largely closed to the public for now due to COVD-19) and in public parks, city, county and some town leaders have chosen to adopt and enforce rules that apply statewide and come from the governor’s office.

If Mecklenburg leaders move forward with a pending ban on late-night alcohol sales at restaurants and bars, some see it as a substantive shift toward a tailored, local approach to curb the virus’ spread.

“When we moved to Phase Two, it was like a free-for-all keg party. I’ve realized in being out and about that the social distancing aspect is not being practiced,” Davidson Mayor Rusty Knox said Wednesday.

“The only thing we have left is another shutdown.”

While the possibility of reverting to widespread stay-at-home rules hasn’t gained much traction in Mecklenburg, there is a local policy group that meets regularly to discuss enforcement of existing rules and less-drastic approaches with new restrictions. The group — which includes Charlotte’s city manager, the county manager, and managers from Mecklenburg’s six towns — recommended this week that businesses not be allowed to serve alcohol past 10 p.m. Three towns have opted out so far.

Also in the policy group are hospital representatives, police and first responders and Charlotte-Mecklenburg Emergency Management.

Charlotte Mayor Vi Lyles said she would support “whatever decision” is made by that group. But in an interview with the Observer, Lyles declined to say which tighter coronavirus-related restrictions she would support, other than the late-night alcohol sales ban.

“My hope is that we use the tools that we have and look at the science — we look at what’s happening and we are ready to adjust as necessary,” Lyles said. “The loss of life is a terrible thing.”

Already, a local emergency declaration enables officials to restrict “activities or conditions ... which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.”

The emergency powers of local elected bodies and government administrators encompass:

▪ Setting curfews

▪ Increasing penalties and enforcement related to the mask mandate, and more

▪ Further reducing allowed crowd sizes

▪ Restricting business activity to “essential” only

George Dunlap, chairman of the Mecklenburg County commissioners, said he is reluctant to issue new restrictions, worried of negative economic impact. The county’s focus, Dunlap said, should be on enforcing rules already in place.

Dunlap said it’s “obvious” CMPD and other law enforcement agencies are not punishing businesses that violate public health rules, such as the statewide mandate that face masks must be worn in most public settings.

“We’ve got to get compliance,” Dunlap said. “I don’t think individuals are the biggest threat to things right — I think it’s the masses that are the threat.”

Emergency COVID declaration

In March, Lyles and Dunlap signed a joint emergency declaration with the mayors of Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Pineville.

The declaration gives leaders the power to pursue a wide swath of options to help flatten Charlotte’s coronavirus curve. That includes imposing a curfew and reducing the size of mass gatherings, said Norma Houston, an emergency management law expert at UNC’s School of Government.

“If the mayor now wants to impose a restriction or prohibition related to COVID, she would issue an amendment,” Houston said. “She does not need to declare, or re-declare, another emergency. The mayor could, in fact, reimpose a local stay-at-home order.”

Other regulations could include new restrictions on businesses and other places where people congregate, Houston said.

Houston said individual mayors of towns and cities — like Charlotte, Davidson, Matthews and beyond — can move forward with their own stipulations in an emergency order.

While Dunlap has the same emergency authority as Lyles, any proclamation issued by the commissioners’ chairman alone would impact only Mecklenburg’s unincorporated areas..

Local policymakers have pushed for countywide coordination throughout the pandemic, including for Mecklenburg’s stay-at-home order. But Lyles signaled during Monday’s City Council meeting she is willing to take some actions that do not have unanimous support across the region, like the pending alcohol restriction.

For example, the mayors of Cornelius, Huntersville and Pineville “decided not to sign on” to the alcohol-sales prohibition. Huntersville Mayor John Aneralla said the town will align with the governor’s executive orders to avoid the “chaos” of conflicting local measures.

“I think like everyone, we’re frustrated and we’d like to get back to normal as soon as possible,” Aneralla told the Observer Wednesday.

Other restrictions

In a UNC School of Government blog post from March, Houston cautions emergency powers during a local state of emergency are not unlimited. There must be a “factual basis” for imposing restrictions, Houston writes, and done “only to the extent that the restrictions or prohibitions are reasonably related to the threat posed.”

Imposing regulations on businesses and other places where people gather is allowed, according to Houston. Leaders can also restrict people’s movement within an emergency area and cut off access to public roadways.

In a less complicated option, officials can easily close government-owned property, such as county parks.

“Because the county owns the facility, it always controls the use of the facility,” Houston said. “That does not, in my opinion, require a state of emergency declaration.”

In April, Mecklenburg closed park gates to cars, meaning only pedestrians and cyclists could enter the greenspaces to control crowd sizes. But Dunlap said Tuesday he opposes enacting that closure again. Others officials, including Davidson’s mayor, said the measure seems unlikely to gain support, especially as more people appear willing to wear face coverings on trails and greenways.

“That’s one outlet people have,” Dunlap said. “I think it’s good for their mental health...and physical health. You can’t just shut people off from the world.”