My administration, along with other State, tribal, local, and federal authorities, has taken a wide array of actions to mitigate the effects of the pandemic, prevent further spread, and protect against overwhelming our health care resources. The actions we have undertaken to date have made progress in these areas, but we must continue taking aggressive action to minimize the duration of this epidemic and of the disruption to our daily lives…
— from the July 6 Executive Order by Colorado Governor Jared Polis
The Polis administration released its latest Executive Order on July 6, extending the ‘Disaster Emergency’ declaration and continuing “the deployment of the Colorado National Guard to support and provide planning resources to State and local authorities as they respond to the presence of COVID-19 in the State”. The order also directs an additional $82.7 million to the Colorado Department of Public Health and Environment (CDPHE), an additional $15.9 million to the Department of Public Safety and $1.7 million to the Department of Agriculture.
In total, it appears that about $226 million from Colorado’s Disaster Emergency Fund has been “encumbered for response activities related to COVID-19.”
From the order:
The Governor is responsible for meeting the dangers to the State and people presented by disasters. C.R.S. § 24-33.5-704(1). The Act defines a disaster as “the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or cause of human origin, including but not limited to . . . epidemic.” C.R.S. § 24- 33.5-703(3). The threat currently posed by COVID-19, a respiratory illness that can spread from person to person, constitutes a disaster for purposes of the Act.
In somewhat related news, the Colorado Supreme Court recently ruled on a legal challenge to a different executive order from Governor Polis— without even waiting for an appellate court to hear the appeal — and overturned an order that would allow petition signature collection to be done by mail or email during the COVID-19 pandemic. The ruling means that signatures must be collected in the presence of a petition circulator.
The legal challenge to the Governor’s order had come from a group calling themselves ‘Colorado Concern’.
Colorado Concern President Mike Kopp issued the following statement about the ruling:
“Launching this litigation was a difficult choice, because there are so many important issues we are working closely with the Governor on, literally in real time. But the underlying principle was too important – protecting the integrity of the initiative process is just as important in a pandemic as it is during a time of calm. Yes, the executive has emergency powers in a public health crisis, but those powers do not come at the expense of fundamental rules that protect the integrity of our laws. We are glad the Supreme Court agreed. We’re eager to get back to work with the Governor on the many issues that unite us. Colorado is always at its best when we are working together.”