Burrillville Town Council approves resolution not to enforce ‘unconstitutional’ state COVID-19 orders

Updated at 2:44 p.m. on June 25, 2020.

BURRILLVILLE – As the state prepares to enter its phase three reopening plan, the town has decided to sidestep any remaining regulations it deems unconstitutional.

The Town Council on Wednesday approved a resolution by a 5-2 vote declaring it a “First Amendment Sanctuary Town,” and authorizing the Burrillville Police Department not to enforce any “unconstitutional executive orders related to the Wuhan-origin coronavirus,” according to a copy of the executive order shared with Providence Business News by Councilman Jeremy Bailey. The resolution does not specify which of the remaining state orders in place it considers unconstitutional, but highlights residents’ First Amendment rights to freedom of religion, assembly and redress of grievances.

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Bailey was among five council members who voted for the resolution, but declined to comment on his vote except to say that he will continue to wear a mask and practice social distancing. Council members Dennis Anderson and Amanda Gingell voted against it, according to Bailey.

The resolution notes that the state’s early phases of reopening have placed many cumbersome restrictions on small businesses and “imposed substantial harm to the emotional, spiritual, and financial well-being of its residents.”

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The document also stated that the town will not spend funds on staffing or other expenses related to enforcing unconstitutional executive orders. 

Responding to the Council decision, Audrey Lucas, a spokesperson for Gov. Gina M. Raimondo, said in a statement, “Throughout the COVID-19 pandemic, the governor’s No. 1 priority has been protecting the health and safety of all Rhode Islanders, particularly those who are most vulnerable to this disease. The measures we’ve taken – which are fully constitutional – have drastically slowed the spread of the virus, saved lives, and allowed for the gradual reopening of our economy. We expect all Rhode Islanders to comply with our guidance in order to avoid the devastating consequences of a second wave that we’re now seeing in states across the country.”

As of June 22, the town had a total of 102 confirmed cases of COVID-19, or 620 cases per 100,000 residents, according to the R.I. Department of Health.

Nancy Lavin is a PBN staff writer. You may reach her at Lavin@PBN.com.

This story has been updated to include comment from the governor’s office.