WWLD? (What Would Fiorella LaGuardia Do?)

Fiorella LaGuardia, New York's 99th Mayor

“What would Fiorello LaGuardia do?”

This is a text I received this past week after the news broke that the city of Rice Lake passed Resolution 20-16 giving the green light to Rice Lake area businesses to “reopen” prior to the official end of Governor Ever's official Shelter-in-Place order which is set to expire May 26. For those who don't recognize the name, Fiorello LaGuardia was the 99^th Mayor of New York City who served for three terms between 1934-1945 and was, as we would say now, a “big deal” back then. My friend who grew up in New York state, tongue-in-cheek, was asking if I was thinking about asking Chetek's common council to follow suit.

Of course, municipal leaders all over the county, myself included, have been having lots of conversations about Rice Lake's decision especially since both Sheriff Fitzgerald and the County Board are officially not in favor of it. Every week since “the shutdown” began in mid-March I have been conferring with fellow mayors Ron Fladten (Barron) and Bert Skinner (Cumberland) as they and their municipal councils try to navigate the same waters as we are. As of last Friday, “wait and see” seemed to be the order of the day. Everyone is chomping at the bit, as it were, for May 26 to get here but not ready to charge out of the gate before the starting bell.

Resolution 20-16

As I review Resolution 20-16 it's sounds to me that this is what they might call a “soft” opening – it allows many businesses to operate but under a number of limitations including how many patrons are allowed within and frequent repetition of that phrase that has become very much a part of our American lexicon these days: “practice social distancing.” But it doesn't cover every business. The way I read it, places like Lake 7 Theater and, say, practically every house of worship in Barron County cannot re-open until the official “less than 10” maximum occupancy has been raised. So the resolution gives the locals a shot in the arm and is a sign of solidarity but nothing can truly reopen by their rule until May 11. The Supreme Court is supposed to rule on the legislature's challenge to the Governor's extension of the Shelter-in-Place order by Tuesday morning (as in today, May 5). Depending on which way they rule, it may make this resolution mute. Which brings us back to “wait and see.”

I did reach out to our city attorney, Randi Osberg, for legal advice and his opinion was that it's never good to be first in line for a firing squad (that's my paraphrase of his words). “Being among the first...may mean you bear the cost while others stand by waiting...” Waiting for what? Obviously, to see what happens to the first in line. And what if it doesn't work out so good for him – or us?

As a pastor, I also asked about the constitutionality-issue that has been raised in the news lately; mainly, isn't the State violating citizens foundational right to assemble? His advice on that was that contrary to what many believe it wasn't a slam-dunk case. “The government can regulate these activities and does so all the time (e.g., you can't shout 'fire' in a crowded theater and then claim you were exercising your right to free speech.)” When Chetek Lutheran purchased electronic chimes for their bell tower years ago they still had to comply with city noise ordinances to do so. That's just called being a good neighbor. “The old saw 'your freedom to swing your fist ends at your neighbor's nose' shows the issue. One's right to go to church can impact the public's right to their health. Is the regulation content neutral? A ban on gatherings over a certain size for a limited time probably works; saying no church services probably doesn't. So, if two parts of a law say you can't and only one is unconstitutional, you can still be held in violation...” The long and short of it is his counsel is to “stay the course a bit longer.”

Governor Evers, please let us have our Liberty Fest...

In the last few weeks I have also had convgersations with many local business owners trying to gauge how they're doing and what their thoughts are if we were to be so bold and follow in Rice Lake's path. At the same time Chief Ambrozaitus reached out to the local tavern owners and had similar conversations with them. I won't say that I speak for all of them but what Chief and I heard is that restaurants don't want to risk losing their food service license, bar owners, despite the push of the Tavern League to open up May 12, don't want to risk losing their liquor license, and the specialty shops like Whimsical Wares, Lucky Day and Off 'R Rockers are leery of turning on their “Open” sign without the Governor's official approval. There are too many unanswered questions regarding liability. As far as our local congregations go, they, too, chafe against Executive Order #28 but continue to abide by the parameters of that order. (What a relief that on the eve of Easter weekend Governor Evers issued a statement that clarified that like places that sold beer and liquor, churches were considered an essential business. In case you don't hear it in my tone of voice, that's sarcasm.)

So, what would LaGuardia do? Apparently he was a little guy like me but with a flair for the dramatic. Given his legacy as one of the greatest mayors of all time, I suppose he would be front and center of the “re-open” debate. Of course, it helps when you're the mayor of the largest city in America and personal friends with FDR. I met Governor Evers once on the podium at the ceremony of the dedication of the new school additions in 2000 when he was the Assistant Secretary of Public Instruction. I don't suppose he remembers me.

So, for the time being, we'll stay the course and hope for the best. I know these sound like tired and worn platitudes but at this juncture it seems like the better course of wisdom. We all want to get back to work and what we mean is we want to get back to normal. But “normal” from herein out at least in the short term is probably going to look very not-so-normal. We'll get through it. In the last few years we've weathered a tornado, a few tragic deaths of some great teenage kids, an unprecedented windstorm and now this. We've got through all these things and will get through all of this by the grace of God, a tenacious spirit and a lot of help from each other.