Champaign Council Ignores Citizens, Extends Broadly Criticized “Extraordinary Powers” During COVID-19 Pandemic

On April 7^th, 2020, the Champaign City Council held their first ever fully-electronic Council meeting. The meeting lasted only 25 minutes, but Council managed to vote on, and unanimously pass, 11 different agenda items. The shortness of the meeting, and the number of items passed without any discussion, may itself be a record.

The most notable agenda item was an extension of the much-disputed Emergency Order that Champaign City Council unanimously passed on March 13^th, 2020.

The Order contains a list of powers which includes banning the sale of guns and ammunition, confiscating real and personal property, closing businesses, shutting off utilities, and restricting access into and out of the City. The Council even granted Mayor Deborah Frank Feinen a catch-all provision for allowing virtually any other order she deems necessary. News outlets across the country posted stories and thousands of local citizens took to social media to criticize the over-reach by Champaign City Council. One Youtube video about Champaign’s emergency ordinance titled “Mayor Granted Power To Ban Guns & Ammo” received over 350,000 views (4 times the population of Champaign) in just 3 days. Champaign City staff were scrambling in the hours and days after their Council vote to explain themselves and reassure concerned citizens.

The national outcry prompted Mayor Feinen and Champaign City staff to post a deceptive press release, essentially denying many of the powers that were just granted to the Mayor. This press release garnered further scrutiny from citizens and watchdog news sites, exacerbating the City’s failed attempts at cleaning up their public relations debacle.

The over-reach by Champaign City Council and Mayor Feinen was so extreme, that even the normally quiet and reserved University of Illinois Law Professor and City Attorney for Urbana, James Leo Simon, spoke out on the issue of Mayor Feinen regulating guns.

Unable to find a way to spin the situation to their liking, it seems the Champaign City Council has decided to simply ignore the public. At tonight’s meeting, when the final agenda item was called, “An Ordinance Approving Emergency Orders and Extending Council Bill 2020-022 Relating to the COVID-19 Emergency (COVID-19 Emergency)”, none of the 9 members of the Council could muster a single word or thought.

For this special electronic meeting, public input had to be given in a very particular way. The complete rules for submitting public input span 3 pages on the meeting agenda. Opportunity for public input was clamped down to text submissions only, and they had to be submitted using a special form on the City’s website, and only submissions made after 5PM on the day of the meeting would be counted (the meeting started at 7PM). Submissions were limited to 450 words, which represents about half of the usual 5 minute speaking time permitted at all other Champaign meetings. Email was not allowed.

Several citizens submitted public input voicing their positions against the extension of special Mayoral powers, but only one submission fell within the specific time-window allotted to qualify for official public input.

Kent Hawthorne, whose submission did not qualify for public input, wrote:

“I would like to request item number 6 be removed at it seems to go against the 2nd Amendment of the US constitution. If it is not planned on being removed from the document I would like to hear the reasoning for not removing. This has gotten quite a bit of national attention….”

Here is another submission, which also did not qualify as public input based on the submission time:

“Ms. Mayor and respected members of the council –
 I am writing today regarding the extension of the Emergency orders passed under council bill 2020-022 related to the Covid-19 emergency.   I must say that I was shocked and significantly concerned when I read the details of the emergency order, primarily regarding the overreaching scope of the order into areas that largely unrelated to actions necessary to respond to this viral outbreak.  This includes, but is not limited to, the suspension of constitutionally protected rights around gun ownership and the ability to transfer firearms and ammunition.   This country is a republic of limited enumerated laws and individual rights, and this order infringes on those rights in ways that are incompatible with the constitution, even in an emergency.  While I wholeheartedly agree that the nature of the Covid-19 epidemic requires some suspension of the normal statutes to deal with the rapidly changing nature of the problem, to argue that gun ownership and legal transfers are in any way related to the battle against the virus is laughable on its face and arguably a cynical partisan example of “never letting a crisis go to waste.”  I urge you to re-consider the scope of this emergency order to limit it to the real issues critical to the community to address the health threat at hand.

Thank you for your consideration.
Regards, John Nagel, PhD”

It stands to reason that there were likely many email submissions as well, to which CU-Underground does not currently have access. Russ Clark, Chair of the Champaign County Libertarian Party, was the only applicant who submitted his public input within the time constraint. Mr. Clark wrote a balanced and thoughtful letter, which was read aloud by Deputy Mayor Tom Bruno at the meeting. Here is the letter, in its entirety:

“My name is Russ Clark and am the chair of the Champaign County Libertarian Party.  I am yet again shocked and dismayed that my city council is ruled by fear.  Yet another motion for emergency orders that allows our mayor and unelected city officials to ban the sale of liquor, wine, beer, gasoline, firearms, ammunition, as well as cut off a citizen’s utilities, ban entry or exit from the city, take possession and title of a citizen’s personal property without compensation.  This emergency ordinance needs amendment so city government only takes the actions necessary to deal with a public health crisis, not invasion by a foreign power marching down Neil Street. If there is no need or desire to use them, why take them at all?  We all know the names of leaders who assume these kinds of powers under the guise of an emergency only to later use them when it suits their own ends. We call them many names that we all know.

So I implore the council tonight to vote down this ordinance and direct the city manager to write amendments striking the unconstitutional powers granted under it. The council appears to trust the Mayor. Many in her political party have publicly stated she would never take such rash actions. We cannot be assured that future councils can be worthy of trust nor future mayors would be so inclined to not use them. To leave this emergency order as is would invite lesser people to use their guile and political skill to gain these powers with a populace unable to halt them. The people would be forced to rely on County, State and Federal courts or force to rein them in.  How much damage can be done to our community while we wait for a judge to dither, hear arguments and ruminate on a decision?  If a mayor were to cut off natural gas supplies in winter to halt carbon dioxide emissions under a “climate emergency” declaration, quite a bit!

This ordinance has no delineation for the state of emergency nor does Council’s procedure allow Council to make amendments prior to adoption.  They must be routed through city administration first. This is acceptable for zoning ordinances and personnel policies, not enacting police powers that trample individual freedoms guaranteed by Federal law.

I would hope that this council sees fit to vote down this order and request amendments so that a lawful emergency order can be passed at the next city council meeting.

Russ Clark
Chair
Champaign County Libertarian Party”

CU-Underground would very much like to report the thoughts and comments from the Champaign City Council members, but sadly, none of them though it worthwhile to respond to concerned citizens.

To date, the only concern or opposition that has been expressed by any Champaign City Council Member in regards to these extreme powers, was issued by Clarissa Nickerson Fourman, who was primarily concerned about the town’s liquor supply during the COVID-19 pandemic.

CU-Underground is not aware of any party, platform, or person (including Mayor Feinen or any Champaign City Council Member) which has argued that the full 30-item list of extraordinary Mayoral powers should exist in their current form, for any reason. There also does not appear to be a legal mind in the state of Illinois who thinks the full list of powers is legally enforceable. If you are aware of any exceptions to these claims, we would like to hear from you.