In possibly the most draconian COVID-19 order I have seen, Gunnison County in central Colorado is closing off the county to everyone but full-time locals:
A public health order for Gunnison County was amended to prohibit all visitors, including non-resident homeowners from remaining in the county for the duration of the order.
The Public Health Director found that non-residents, visitors and non-resident homeowners from lower altitudes are at a greater risk for complications from COVID-19 infection than residents, who are acclimatized to the high altitude environment of Gunnison County, according to the order.
The county’s top public health official also said in the order that that non-residents, regardless of whether they own a residence in Gunnison County, are imposing unnecessary burdens on health care, public services, first responders, food supplies and other essential services.
Visitors cannot stay unless granted an exemption or waiver by the Public Health Director. Those who violate this or any other portion of the public health order could face a fine of up to $5,000 and up to 18 months in jail.
The town of Gunnison is about a four-hour drive from Denver and is in a mountain valley where the temperature rarely reaches above the low 80s. There is a small four-year college there. The fishing on the Gunnison River is very good.
But they are apparently very unenthusiastic about visitors right now.
It is possible that county officials were inspired by Gunnison County’s experience during the Spanish flu epidemic of 1918. At that time the county also closed itself off, and only a single resident died of the flu, which was quite an achievement.
At that time, though, it would have been a lot easier to close the town off, which was far more remote in 1918 than now. Today, US Highway 50, a major cross-state artery runs through Gunnison. This is no country road. Gunnison doesn’t own it or fund it.
This leaves many questions unanswered. As the New York Post notes: “It’s unclear exactly how the order will be enforced.” Indeed. Will truckers be arrested if they attempt to fill up with gas in town? Will owners of second homes there be arrested for attempting to drive to their own property? Moreover, the town’s claim that its high altitude justifies the ordinance—because outsiders can’t handle the lack of oxygen—is a bit sketchy. The altitude in the town of Gunnison is under eight thousand feet, which isn’t very high for a resident of the Denver area, who would be used to an altitude of five to six thousand feet. But it may be that the primary target is foreigners and out-of-staters, most of whom are likely living at much lower elevations the rest of the year. It will be fun to see the extent of the county’s tolerance for likely future lawsuits.
Update, April 9: The Texas Attorney General has issued a letter to Gunnison stating the Gunnison ordinance is “is a blatant violation of our Constitution. ... Paxton argues that the Privileges and Immunities Clause of the U.S. Constitution guarantees that a citizen of one state will be “treated as a welcome visitor rather than an unfriendly alien when temporarily present in another State.”
