'It alarms me:' Austin residents given 6-minute notice on 1-year COVID extension

Extending the city of Austin's COVID-19 emergency orders for another year was placed on the agenda Friday, giving Austin residents until noon Monday to sign up to speak for a Tuesday morning meeting.

Then that already tight timetable was greatly reduced.

At 8:54 a.m. this morning, the orders were apparently amended, giving Austin residents six minutes to analyze the document prior to the first meeting of the day -- that's "zero time to respond or sign up to speak" according to the sole Republican member of the Council.

Mackenzie Kelly, in her inaugural year as District 6 Council member, pointed out that impossibility during the special meeting of the Austin City Council this morning, before she voted against the ordinance that enforces COVID-19 rules issued by Austin's public health authority. The original orders were set to expire on Dec. 31 of this year.

"It alarms me that we did not give our community members a chance to voice their concerns on how the ordinance will significantly impact their lives for nearly another year," Kelly said, during the meeting. "[...] My colleagues and I sit up here and talk a lot about including the community in our decision-making process. This item, however, did not get the same treatment as others we discuss from the dais. In the new revised version of the ordinance, there are changes that need to be reviewed by the community and deserve time to do so."

According to Kelly, the amended health rules (which she said were referenced in Part 5 of the ordinance) were not posted on the city's website, although ths had requested that they be included. Rather, what was posted was dated Friday.

"This morning, when version 2 of the ordinance came into my email box, I searched the city’s website, and the COVID-19 site with orders and emergency rules does not have a document that was posted on the 14th of December," she said.

We include Kelly's entire statement below for context.

District 7 Council member Leslie Pool said following Kelly's comment to "avoid politicizing this public health and safety issue. But according to public comments, the apparent obfuscation is all about politics.

Rupal Chaudhari, candidate for Travis County Judge and one of two members of the public who learned about the agenda item and signed up to speak in time, called the emergency extension a "Friday afternoon surprise" taken to "a whole new level."

"We the voters of Austin and Travis County had until noon Monday to not only study and analyze the COVID restrictions ordinanace but also simply to learn it was being taken up on Tuesday. Who here spends their Saturdays and Sundays reading through city council agendas?" Chaudhari said.

Chaudhari added if there were more time, mental health experts, business owners, and various other members of the community would be present to speak.  

"Maybe we the people could point out how COVID-19 doesn't exist only in schools and Veterans Day parades, but also at Formula 1 races and soccer stadiums -- and ask about why there is such a glaring double-standard in place. Or we can contiue to hide behind the term 'emergency' -- as if we haven't been living under these restrictions for an entire year. But we won't get to, because you barely gave us any notice. Thank you for giving us the bare minimum, at least -- those of us paying attention really appreciate it."

Both speakers, who called into the meeting remotely, were opposed to the extension.

Travis County Commissioners voted concurrently to accept the Austin health authority's rules after meeting in joint session with the Ausitn Council in an informaion-only meeting. The joint session was followed by regular meetings of both entities.

According to cursory read, the rules were updated to cover personal behavior and public school campuses. KXAN-TV reported the rules do not specifically use the term "business," but state “a person in control of a site is encouraged to support and provide incentives for workers and patrons to obtain the vaccine to reduce the risk to those who are unable to receive the vaccine, including children under the age of 12.” KXAN also noted the rules attempt to require anyone over the age of 2 to wear a mask on school property during "Stage 3" or higher. Austin and Travis County is currently at Stage 3 according to their own measures. The fees carry a penalty of up to $2,000 per day -- yet they are subject to state laws and governor's orders which currently prevent local entities from requiring masks. Numerous school districts have continued to defy Gov. Greg Abbott's orders and have required masks be worn by students, faculty, and staff.

According to Kelly, one of the first confirmed cases of COVID-19 in Austin was on March 13, 2020, and that recovery and vaccination trends are on the increase. She said the data on the Austin-Travis County COVID-19 dashboard do not support extending penalties for inividuals and businesses. 

Today, there are 121 COVID-19 patients in Travis County, 43 ICU patients, and 19 patients on ventillators of the city's nearly 1 million residents.

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Statement by Council membmer Mackenzie Kelly:

One of the first confirmed cases of COVID-19 in Austin was on March 13, 2020. Today, vaccine services for COVID-19 are readily available, and trends are showing recovery and vaccination rates are increasing.

The information that we see on the Austin Travis County COVID-19 dashboard does not support extending an ordinance that includes penalties for an additional year. As of today, we have 121 covid 19 in patients, 43 ICU patients, 19 patients on ventilators. To put this in perspective, Austin has a population of more than 950,000 residents.

It alarms me that we did not give our community members a chance to voice their concerns on how the ordinance will significantly impact their lives for nearly another year. This item was posted this past Friday afternoon, with health rules that are referenced in the ordinance from December 10th. Today’s revised ordinance, posted at 8:54 am this morning, version 2, references health rules from today, December 14. This gives the public zero time to respond or sign up to speak. We only had two speakers sign up today, and that is not representative of the whole community.

In the backup on the item on our website, the health rules referenced in part five of the ordinance weren’t posted until the last 24 hours, at my request, and they’re from the December 10th date. This morning, when version 2 of the ordinance came into my email box, I searched the city’s website, and the COVID 19 site with orders and emergency rules does not have a document that was posted on the 14th of December. 

This document directly outlines health rules that affect everyone in our community until December 31, 2022, and needs to be reviewed further. My colleagues and I sit up here and talk a lot about including the community in our decision-making process. This item, however, did not get the same treatment as others we discuss from the dais. In the new revised version of the ordinance, there are changes that need to be reviewed by the community and deserve time to do so. 

Over the weekend, I had the opportunity to talk to many of my constituents. They expressed their concerns regarding the COVID-19 restrictions and how the restrictions affect their everyday lives. One theme among them all that I support is protections for themselves and their families. What that looks like is different to everyone.

Although I cannot agree with the timeline of the proposed ordinance, I realize that we need to continue to take reasonable precautions to ensure the safety of our citizens. This can be accomplished by allowing our constituents to make decisions for themselves to protect their families, not through mandates, like this, that include penalties for non-compliance.

I believe every person's responsibility is to exercise safety precautions to protect themselves and others from the virus. In this, we should either allow for community input and allow them to be the chief decision makers in how they decide to conduct their personal safety regimen. 

I will not be supporting this item today, but I fully support a more robust conversation with the community before we proceed with an item that has an impact on the lives of our community for nearly a year.