Month: August 2020

Gov. Reynolds signs new proclamation continuing the State Public Health Emergency Declaration, ordering additional mitigation efforts 

DES MOINES – Today, Governor Reynolds signed a new proclamation continuing the Public Health Disaster Emergency.

The proclamation, effective at 5:00 p.m. on Thursday, August 27, 2020, orders all bars, taverns, wineries, breweries, distilleries, night clubs to close in six counties: Black Hawk, Dallas, Johnson, Linn, Polk, and Story county. They may continue to sell alcoholic beverages for consumption off premises. Restaurants in these six counties are permitted to remain open, but must stop selling and serving alcoholic beverages after 10:00 p.m.

The proclamation also strongly encourages all Iowans two or older to wear a mask or other face covering when in public settings, especially in circumstances when it is not possible to remain six feet away from others outside their household, unless it is unsafe to do so because of health or disability.

These new public health measures remain in effect until September 20, 2020.

The full proclamation is online in its entirety and substantive information can be found below:

WHEREAS, the World Health Organization has reported an outbreak of thousands of cases of Novel Coronavirus 2019 (COVID-19) in multiple countries, causing illness and deaths; and

WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency; and

WHEREAS, on March 9, 2020, a Proclamation of Disaster Emergency was issued to coordinate the State of Iowa’s response to this outbreak and such disaster continues to exist; and

WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-19 outbreak a global pandemic; and

WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring that the COVID-19 outbreak in the United States constitutes a national emergency; and

WHEREAS, on March 17, 2020, a Proclamation of Public Health Disaster Emergency was issued to provide additional needed resources and measures to respond to this disaster, and such public health disaster continues to exist; and

WHEREAS, the continued spread of COVID-19 in the state of Iowa, especially in Black Hawk, Dallas, Johnson, Linn, Polk, and Story counties warrants taking additional reasonable measures to reduce the transmission of COVID-19.

NOW THEREFORE, I, KIMBERLY K. ReyNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and 135.144 do hereby proclaim a STATE OF PUBLIC HEALTH DISASTER EMERGENCY continues to exist throughout the entire state of Iowa and do hereby ORDER and DIRECT the following:

USE OF MASKS OR FACE COVERINGS

SECTION One.  Consistent with the recommendations of the Iowa Department of Public Health and the Iowa Board of Medicine and to assist in reducing the spread of COVID‑19, I strongly encourage all Iowans two or older to wear a mask or other face covering when in public settings, especially in circumstances when it is not possible to remain six feet away from others outside their household, unless it is unsafe to do so because of health or disability.

CLOSURE OF BARS

(Black Hawk, Dallas, Johnson, Linn, Polk, and Story Counties)

SECTION Two.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order that beginning at 5:00 p.m. on August 27, 2020 and continuing until 11:59 p.m. on September 20, 2020:

1.   Bars and other alcohol establishments: All bars, taverns, wineries, breweries, distilleries, night clubs, and other establishments that sell alcoholic beverages for consumption on their premises shall be closed to the general public, except as permitted in this section:

(1)   Carry-out, drive-through, and delivery: To the extent permitted by applicable law, food or beverages may be sold if the food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.

(2)   Private rental: An establishment that is closed to the general public may still serve food and beverages at a private gathering hosted at the establishment, such as a wedding reception, provided that the establishment complies with all requirements for restaurants in paragraph B of this section.

(3)   Restaurants:  An establishment that prepares and serves food, the sale of which results in at least half of the establishment’s monthly revenues may reopen or remain open to serve food and beverages, provided that the establishment complies with all requirements for restaurants in paragraph B of this section. The monthly revenues of a brewery, distillery, or winery do not include the sales of alcoholic beverages for consumption off the premises or at other retail locations.

(4)   Premises: Bars located in hotels, casinos, movie theaters, or sporting venues, or other establishments that are not required to be closed by this paragraph must still close to the public except as permitted in this paragraph. But this paragraph does not prohibit the consumption of alcohol on a casino floor, inside an individual theater, or in a person’s hotel room, provided that the establishment otherwise complies with all relevant requirements of the public health proclamation issued on August 21, 2020.

1.     Restaurants: A restaurant, including a wedding reception venue, winery, brewery, distillery, country club, or other social or fraternal club, may reopen or remain open to serve food and beverages on its premises, but only to the extent that it complies with the following requirements:

(1)   Food service required: An establishment serving alcoholic beverages must also prepare and serve food to all customers, and the sale of alcoholic beverages must be no more than half of the establishment’s monthly revenues. The monthly revenues of a brewery, distillery, or winery do not include the sales of alcoholic beverages for consumption off the premises or at other retail locations.  

(2)   Social distancing: The establishment must ensure at least six feet of physical distance between each group or individual dining alone. Seating at booths closer than six feet may satisfy this requirement if the booths are separated by a barrier of a sufficient height to fully separate seated customers. All patrons must have a seat at a table, booth, or bar, and must consume their food and beverage while seated at the table, booth, or bar. Establishments must limit patrons from congregating together closer than six feet.

(3)   Alcohol sales: An establishment permitted to be open may only sell or serve alcohol for consumption on the premises from 6:00 a.m. until 10:00 p.m. Monday through Saturday, or from 8:00 a.m. until 10:00 p.m. on Sunday if such sales are authorized by the establishment’s license. Establishments must not sell or serve alcohol after 10:00 p.m. or until alcohol sales are permitted on the following day, except that to the extent permitted by applicable law, food or beverages may be sold if the food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.

(4)   Other social distancing, hygiene, and public health measures: The restaurant shall also implement reasonable measures under the circumstances of each restaurant to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Inspections and Appeals and the Iowa Department of Public Health.

This section shall apply only to businesses and establishments located in Black Hawk, Dallas, Johnson, Linn, Polk, or Story counties.

 IMPLEMENTATION AND INTERPRETATION

SECTION Three.  The Iowa Department of Public Safety, Iowa Department of Public Health, Iowa Alcoholic Beverages Division, Iowa Department of Inspections and Appeals, Iowa Department of Homeland Security and Emergency Management, and other participating state agencies are hereby directed to monitor the operation and implementation of this proclamation to assure the public’s health and safety.

SECTION Four.  In conjunction with the Department of Public Health pursuant to Iowa Code §§ 29C.18 and 135.35, all peace officers of the state are hereby called upon to assist in the enforcement of the provisions of this Proclamation and the Proclamation issued on August 21, 2020.

SECTION Five.  The provisions of this proclamation shall be effective beginning at 5:00 p.m. on August 27, 2020. This proclamation shall not be construed to otherwise modify the proclamation issued on August 21, 2020. This state of public health disaster emergency shall continue to expire on September 20, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me.

On August 4, 2020, Lee County deputies and Iowa State Patrol Troopers responded to Highway 2 east of Donnellson, Iowa, for a three-vehicle collision. An investigation determined that a silver 2005 Nissan Frontier, operated by Chad Ray Davis of Donnellson, was traveling east on Highway 2 when he failed to maintain control and struck a stationary 2014 Harley-Davidson motorcycle operated by Michael Dean Horn. Horn and his passenger, identified as Linda Sue Horn, were stopped in the eastbound lane of traffic at a construction project. This collision then caused the motorcycle to strike the rear end of a stationary 2021 Mack truck that was also stopped in the eastbound lane. The impacts resulted in the immediate deaths of Michael and Linda Horn.

On August 26, 2020, Chad Davis was taken into custody without incident in Donnellson. Mr. Davis was charged with two counts of Homicide by Vehicle, Operating Under the Influence, Failure to Maintain Control, Driving While License Suspended, and Failure to File SR-22 Insurance. Davis is being held at the Lee County Correctional Center.

Many agencies assisted in the investigation: Iowa State Patrol, Lee County Sheriff’s Office, Lee County Ambulance, Iowa Department of Motor Vehicle Enforcement, Iowa DOT Maintenance, Donnellson Police Department, Donnellson Fire Department, and the Lee County Attorney’s Office.

MOUNT PLEASANT – Last night, the Mount Pleasant Correctional Facility (MPCF) was notified that three COVID-19 tests they had submitted were positive for COVID-19. The facility has been implementing changes to operations since receiving this information, and have placed the facility on a restricted movement status as they work to mitigate further spread of the virus. Restricted movement status will be lifted as soon as staff are confident viral spread has been contained.

Working with the Iowa Dept. of Public Health and the State Hygienic Lab, MPCF is conducting additional testing at the facility to identify those that might be carrying the virus while asymptomatic.

The department has been preparing and dealing with the eventuality of COVID-19 in the prison system for months. An outline of the changes to DOC protocols can be found at doc.iowa.gov/department-corrections-steps, and more information related to COVID-19 in the DOC can be found at doc.iowa.gov/COVID19. For members of the public with questions about COVID-19 in the prison system, a hotline is available during business hours Monday-Friday by calling (515) 373-5457.

For a reliable resource on national prison COVID-19 statistics, The Marshall Project conducts regular data verification with each state, and their data can be found via this link. 

On August 23 at approximately 8:42 pm Mt Pleasant Police Department responded to the Mt Pleasant Bus Barn. Two buses were found to have catalytic convertors removed. This was the night before buses were supposed to start transporting children. It was determined that the property’s fence had been cut and that was how entry was gained. Two buses had damage which were estimated at approximately $1600 each. On August 26, Mt Pleasant PD determined that Richard Lunsford age 40, address unknown, was the offender. He was arrested on an unrelated charge and outstanding warrants. Witnesses provided the pertinent information to charge Lunsford with the removing the bus catalytic convertors. Lunsford was charged with Burglary 3^rd and two counts of Theft 2^nd Degree. He was held at the Henry County Jail pending arraignment.  Mt Pleasant PD would like to thank the citizens who assisted in this investigation. The Mt Pleasant PD was also assisted by the New London Police Department.

BY LAW YOU MUST NOTE THE FOLLOWING IN YOUR PRESS RELEASE A criminal charge is merely an accusation and a defendant is presumed innocent until proven guilty.

– In the wake of the recent health pandemic, OCI Iowa Fertilizer Company will donate $9,000 to three school districts in Lee County. The company split the overall donation between the Keokuk Community School District, Fort Madison Community School District and Central Lee Community School District, with each district receiving $3,000.

“Since we first broke ground in Lee County nearly eight years ago, OCI Iowa Fertilizer has been committed to the southeast Iowa community and helping support the critical work being done by local educators, health care professionals, and public safety leaders,” said Darrell Allman, Managing Director for Iowa Fertilizer Company. “With the recent health pandemic, we understand that public schools are confronting a wide range of new challenges. We hope our donation will help teachers with the purchase of critical supplies they need to continue offering their students high-quality instruction.”

Iowa Fertilizer Company will deliver the checks as the school year officially kicks off this month.