3 Ways New York Botched the Coronavirus Response in March

The New York Times Wednesday published a long and damning breakdown of how the overlapping and eternally feuding governments of the city and state of New York helped turn the already difficult challenge of managing COVID-19 in the country’s densest metropolitan area into the health and public-policy catastrophe we are enduring today.

This is no mere didn’t-take-that-one-meeting-or-memo-seriously kind of Monday-morning quarterbacking, which too often passes for post-facto analysis of government crisis management. Instead, it’s a detailed yet necessarily incomplete list of false promises, bad epidemiological advice, and ideologically motivated decision-making.

It’s impossible to measure precisely the extra infection/morbidity rates caused by New York’s abundant policy errors, but the article quotes an estimate from the person with the most directly relevant resume: former Centers for Disease Control and Prevention (C.D.C.) director Thomas Frieden, who prior to holding that post for the entirety of President Barack Obama’s administration was health commissioner for the city of New York.

“Frieden said that if the state and city had adopted widespread social-distancing measures a week or two earlier, including closing schools, stores and restaurants,” the Times reported, “then the estimated death toll from the outbreak might have been reduced by 50 to 80 percent.”

It is not necessary to share Frieden’s numerical assumptions or mitigation preferences in order to assign some direct policy blame. Here are three main categories of New York’s COVID-response failure.

1) False Promises.

The article starts with the last time that Gov. Andrew Cuomo and Mayor Bill de Blasio made a joint appearance to address their constituents: March 2, the day after the first New Yorker tested positive for COVID-19. “Out of an abundance of caution we will be contacting the people who were on the flight with her from Iran to New York,” Cuomo vowed.

However: “No one ever did that work,” the Times found.

The CDC, which has failed to heed its own guidelines on multiple occasions during this crisis, nonetheless spells out very clearly in its 2006 Implementation Plan for the National Strategy for Pandemic Influenza the importance of government leaders shooting straight.

“Timely, accurate, credible, and coordinated messages will be necessary during a pandemic, and…inconsistent reporting or guidance within and between nations can lead to confusion and a loss of confidence by the public,” the plan advises. “Information provided by public health officials should therefore be useful, addressing immediate needs, but it should also help private citizens recognize and understand the degree to which their collective actions will shape the course of a pandemic.”

Both the widely mocked de Blasio and the overly adulated Cuomo have repeatedly failed on these communicative counts. Like the president they despise, for example, both men made empty early boasts about their ability to withstand the worst.

“We can really keep this thing contained,” de Blasio said on Feb. 26.

“Everybody is doing exactly what we need to do,” Cuomo said at their March 2 press conference. “We have been ahead of this from Day 1.”

The cruel, exponential math of epidemics can make exercises in hindsight seem nitpicky, even unfair. But New York’s political chieftains weren’t just making promises they couldn’t keep, they were actively dispensing advice and crafting policy in contradiction to the understood science at the time.

2) Bad Epidemiological Advice.

On Feb. 2, de Blasio stated at a coronavirus press conference that, “What is clear is the only way you get it is with substantial contact with someone who already has it. You don’t get it from a surface. You don’t get it from glancing or very temporary contact based on what we know now.” New York Health Commissioner Dr. Oxiris Barbot added: “This is not a time to fall prey to false information that you may be seeing on the internet, to fall prey to the stigma.… This is not something that you’re going to contract in the subway or on the bus.”

Both of those confident assertions were not, in fact, summations of what was known about coronavirus transmissibility at the time. Three days before de Blasio’s medical advice, at a press briefing of the president’s Coronavirus Task Force, Dr. Anthony Fauci stressed not what was conclusively known, but rather what was conclusively not known—”The issue now with this is that there’s a lot of unknowns,” Fauci said.

And yet even in that Jan. 31 presentation, Fauci made clear what the De Blasio administration would consistently deny for the next six weeks: That the virus was devilishly transmissible, including from people who had no reason to believe they were infected.

“In the beginning, we were not sure if there were asymptomatic infection, which would make it a much broader outbreak than what we’re seeing.  Now we know for sure that there are,” Fauci said (italics mine). “It was not clear whether an asymptomatic person could transmit it to someone while they were asymptomatic. Now we know from a recent report from Germany that that is absolutely the case.”

You could fill a whole series of 30-second ads showing de Blasio claiming the exact opposite.

On March 10, the mayor insisted on MSNBC that “If you’re under 50 and you’re healthy, which is most New Yorkers, there’s very little threat here. This disease, even if you were to get it, basically acts like a common cold or flu. And transmission is not that easy.” The next day—just hours before the National Basketball Association shut down its entire season—de Blasio urged New Yorkers to “not avoid restaurants, not avoid normal things that people do,” adding: “If you’re not sick, you should be going about your life.”

On March 15, to the irritation of his own health department, the mayor claimed that “public health folks say it appears that transmission is when people are symptomatic.”

Even as late as last week—63 days after Dr. Fauci said that asymptomatic transmission was a certainty—de Blasio claimed that it was “only in the last really 48 hours or so” that NYC health officials “feel they’ve seen evidence around the world, particularly a new study coming out of Singapore, that shows more evidence that this disease can be spread by asymptomatic people.”

3) Ideologically motivated decision-making.

Many of the de Blasio administration’s most scientifically unsupported statements during the coronavirus outbreak have been used in the service of justifying his most heavily scrutinized policies. This is no accident.

Faced with a literal life-and-death issue, the mayor has in several critical moments chosen his own ideological commitments over the urgent advice of health scientists. None more important than his treatment of the country’s largest school system.

New York City was far behind the national and international curve in closing down public schools to stop the community spread of COVID-19. The reason had little to do with science—indeed, Demetre Daskalakis, the city’s head of disease control, reportedly threatened to quit if the schools were not shuttered, as did several other city health officials.

But de Blasio sees schools as delivery systems of government services to the poor, and as the Times delicately (and over-generously) phrased it, the mayor’s “progressive political identity has been defined by his attention to the city’s have-nots.” So even as three dozen city virologists were warning that keeping the schools open amounted to “gambl[ing] with the lives of New Yorkers,” de Blasio was exempting the institutions from his order to stop all city gatherings of 500 or more people, explaining with perhaps more literalism than he intended that the schools were one of “three things we want to preserve at all cost.”

Several teachers and union officials have accused the Department of Education of bottling up news about teachers testing positive, and threatening educators with reprisals if they warned parents to keep their kids home from possibly infected schools.

Preventing the dissemination of bad information is a classic managerial mistake, one particularly endemic in poorly run governments. So, too, is a stubborn unwillingness to learn. Perhaps most distressing in the Times article is not the particulars of policy errors, but an expressed unconcern at acknowledging them: “The governor and the mayor emphasized that they had no misgivings about their initial handling of their response.”

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As More Death Data Becomes Available, COVID-19 Looks Less and Less Like the Flu

Flu versus COVID-19? Which is worse? It is quite true that the Centers for Disease Control and Prevention (CDC) data on recent flu deaths report that the number of deaths attributed to coronavirus infections has not yet exceeded estimates for the annual death tolls for the last nine influenza seasons, except for the mild outbreak in 2011-2012. However, keep in mind that the flu season generally runs from October to April, whereas person-to-person community spread of the novel coronavirus was first recognized at the end of February in Washington state.

To get a better handle on the differences between seasonal flu and COVID-19, Max Roser and his team over at the invaluable OurWorldInData compared the average number of weekly deaths in New York State from influenza and all other causes versus the weekly number of deaths from the current COVID-19 outbreak. Keep in mind that the first New York COVID-19 death was reported just four weeks ago. The comparison is worrisome.

Weekly flu deaths versus weekly COVID-19 deaths in New York State

The good news is that the COVID-19 epidemic in New York may be nearing its peak.

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As More Death Data Becomes Available, COVID-19 Looks Less and Less Like the Flu

Flu versus COVID-19? Which is worse? It is quite true that the Centers for Disease Control and Prevention (CDC) data on recent flu deaths report that the number of deaths attributed to coronavirus infections has not yet exceeded estimates for the annual death tolls for the last nine influenza seasons, except for the mild outbreak in 2011-2012. However, keep in mind that the flu season generally runs from October to April, whereas person-to-person community spread of the novel coronavirus was first recognized at the end of February in Washington state.

To get a better handle on the differences between seasonal flu and COVID-19, Max Roser and his team over at the invaluable OurWorldInData compared the average number of weekly deaths in New York State from influenza and all other causes versus the weekly number of deaths from the current COVID-19 outbreak. Keep in mind that the first New York COVID-19 death was reported just four weeks ago. The comparison is worrisome.

Weekly flu deaths versus weekly COVID-19 deaths in New York State

The good news is that the COVID-19 epidemic in New York may be nearing its peak.

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Donald Trump’s Experiment in Radical Press Transparency Is Ugly and Praiseworthy

By now you’ve heard that this is a time for “bold, persistent experimentation,” just like during the Great Depression. Let’s leave aside the fact that President Franklin Roosevelt’s constant tinkering and overhauling of the economy didn’t work anything like intended (as UCLA economic historian Lee Ohanian and others such as Amity Shlaes have argued, FDR’s policies prolonged the Depression by years).

President Donald Trump is in fact conducting a bold, persistent, real-time experiment in radical transparency by holding multi-hour-long press conferences every single day. During these things, which are being carried by various broadcast TV and radio stations and cable news channels, Trump, Vice President Mike Pence, and key members of the White House Coronavirus Task Force, such as National Institute of Allergy and Infectious Diseases Director Anthony Fauci and Coronavirus Response Coordinator Deborah Birx, answer all questions. The exchanges are often heated and ugly, and the many moods of Donald Trump—most of them unattractive—are on full display.

But the response from the press itself is instructive. As Politico‘s Jack Shafer has written recently, for much of Trump’s tenure, the media complained that the president didn’t make himself or his surrogates available enough to the press. Indeed, when Trump’s press secretary, Stephanie Grisham, stepped down two days ago, The Washington Post led its announcement with the comment that she “is leaving the job after eight months during which she held no regular press briefings of the sort that once defined the position.” As if the public didn’t have a good read on what the president was thinking or doing, right?

And what was the response when Trump started showing up for his closeup every day? Elite press critics denounced Trump and especially the cable networks for actually carrying the press conferences. From Shafer:

Leading the pack of objectors are journalist James Fallows and J-school prof Jay Rosen, who would have the cable networks stop airing Trump’s briefings live because they’re unfiltered propaganda. Fallows has even circulated a Twitter petition backing their proposal. Washington Post media columnist Margaret Sullivan, MSNBC anchor Rachel Maddow, and others concur. Meanwhile, journalist Jonathan Alter and broadcaster Soledad O’Brien want the political press corps, which ordinarily dominate the briefings, to step aside and let science and health reporters take the lead in questioning the president at these briefings.

A progressive press watchdog group even unsuccessfully petitioned the Federal Communications Commission (FCC), which has jurisdiction to regulate content on over-the-air radio and TV programs, to force “broadcasters either stop airing them or ‘put those lies in context with disclaimers noting that they may be untrue and are unverified.'”

It’s worth pointing out, as my colleague Elizabeth Nolan Brown did earlier today, that the briefings don’t seem to be helping Trump with the electorate. Recent polls “found overall disapproval for Trump’s pandemic performance stands at 52 percent, up from 48 percent in early March, and 55 percent of Americans polled said Trump ‘could be doing more to fight the outbreak.'”

The White House is publishing a daily transcript of the press briefings, creating a public record of everything Trump and his top advisers say (go here for the archive). If you scroll through them, you’ll find the president doesn’t shy away from discussing the number of expected deaths, the disparate impact of coronavirus on blacks, what might or might not come next, and many other issues. It isn’t his fault that the press keeps asking stupid questions, such as yesterday’s moronic-yet-widely-discussed query about a pardon for Joe Exotic, the main figure in the Netflix series Tiger King.

If Trump’s daily press briefings are disturbing, it’s because of what they reveal, not what they obscure. We are in a moment when government at virtually every level—but certainly at the federal level—first failed to protect public health and then exacerbated problems with subsequent policies that banned non-state responses to the pandemic. Beyond issues of health, the federal government has, with near-unanimity, signed off on an intervention into the economy that is unprecedented in peacetime. Trust and confidence in the government were at historic lows when Trump took office—I’d argue that his election was partly an effect of such attitudes—and that’s unlikely to change anytime soon.

To his credit, Trump isn’t hiding in the shadows. If Trump’s answers are unsatisfying, perhaps it’s because nobody in Washington has good answers right now.

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Donald Trump’s Experiment in Radical Press Transparency Is Ugly and Praiseworthy

By now you’ve heard that this is a time for “bold, persistent experimentation,” just like during the Great Depression. Let’s leave aside the fact that President Franklin Roosevelt’s constant tinkering and overhauling of the economy didn’t work anything like intended (as UCLA economic historian Lee Ohanian and others such as Amity Shlaes have argued, FDR’s policies prolonged the Depression by years).

President Donald Trump is in fact conducting a bold, persistent, real-time experiment in radical transparency by holding multi-hour-long press conferences every single day. During these things, which are being carried by various broadcast TV and radio stations and cable news channels, Trump, Vice President Mike Pence, and key members of the White House Coronavirus Task Force, such as National Institute of Allergy and Infectious Diseases Director Anthony Fauci and Coronavirus Response Coordinator Deborah Birx, answer all questions. The exchanges are often heated and ugly, and the many moods of Donald Trump—most of them unattractive—are on full display.

But the response from the press itself is instructive. As Politico‘s Jack Shafer has written recently, for much of Trump’s tenure, the media complained that the president didn’t make himself or his surrogates available enough to the press. Indeed, when Trump’s press secretary, Stephanie Grisham, stepped down two days ago, The Washington Post led its announcement with the comment that she “is leaving the job after eight months during which she held no regular press briefings of the sort that once defined the position.” As if the public didn’t have a good read on what the president was thinking or doing, right?

And what was the response when Trump started showing up for his closeup every day? Elite press critics denounced Trump and especially the cable networks for actually carrying the press conferences. From Shafer:

Leading the pack of objectors are journalist James Fallows and J-school prof Jay Rosen, who would have the cable networks stop airing Trump’s briefings live because they’re unfiltered propaganda. Fallows has even circulated a Twitter petition backing their proposal. Washington Post media columnist Margaret Sullivan, MSNBC anchor Rachel Maddow, and others concur. Meanwhile, journalist Jonathan Alter and broadcaster Soledad O’Brien want the political press corps, which ordinarily dominate the briefings, to step aside and let science and health reporters take the lead in questioning the president at these briefings.

A progressive press watchdog group even unsuccessfully petitioned the Federal Communications Commission (FCC), which has jurisdiction to regulate content on over-the-air radio and TV programs, to force “broadcasters either stop airing them or ‘put those lies in context with disclaimers noting that they may be untrue and are unverified.'”

It’s worth pointing out, as my colleague Elizabeth Nolan Brown did earlier today, that the briefings don’t seem to be helping Trump with the electorate. Recent polls “found overall disapproval for Trump’s pandemic performance stands at 52 percent, up from 48 percent in early March, and 55 percent of Americans polled said Trump ‘could be doing more to fight the outbreak.'”

The White House is publishing a daily transcript of the press briefings, creating a public record of everything Trump and his top advisers say (go here for the archive). If you scroll through them, you’ll find the president doesn’t shy away from discussing the number of expected deaths, the disparate impact of coronavirus on blacks, what might or might not come next, and many other issues. It isn’t his fault that the press keeps asking stupid questions, such as yesterday’s moronic-yet-widely-discussed query about a pardon for Joe Exotic, the main figure in the Netflix series Tiger King.

If Trump’s daily press briefings are disturbing, it’s because of what they reveal, not what they obscure. We are in a moment when government at virtually every level—but certainly at the federal level—first failed to protect public health and then exacerbated problems with subsequent policies that banned non-state responses to the pandemic. Beyond issues of health, the federal government has, with near-unanimity, signed off on an intervention into the economy that is unprecedented in peacetime. Trust and confidence in the government were at historic lows when Trump took office—I’d argue that his election was partly an effect of such attitudes—and that’s unlikely to change anytime soon.

To his credit, Trump isn’t hiding in the shadows. If Trump’s answers are unsatisfying, perhaps it’s because nobody in Washington has good answers right now.

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“Disease Surveillance and the Fourth Amendment”

Here’s an excerpt, though you should read the whole thing:

Like governments around the world, the United States is struggling with the “coronavirus trilemma“: It wants to protect lives, ease social isolation, and protect privacy and civil liberties, but it can do only two of those at the same time. In particular, and as South Koreas successful management of the coronavirus shows, extensive surveillance may be the only way to control the outbreak while preserving some degree of normalcy for economic and social life. I’ve argued that the longer the pandemic drags on, the more willing (and rightly so) people will be to trade in some of their privacy for the freedom to work and play. There is already significant support for location tracking among both policy experts and the general public, and we should expect this sentiment to increase.

A key issue will be determining what policy responses to the coronavirus can be squared with the requirements of the Constitution. Many constitutional provisions are implicated—for example, the Due Process Clause may restrict the government’s ability to quarantine people suspected infection, the Commerce Clause (and its judicially crafted inverse, the Dormant Commerce Clause) bears on the question of division of power between the federal government and the states, and the open-ended nature of Article II raises questions about the president’s inherent powers to act in the absence of congressional authorization. For now, I want to focus on the Fourth Amendment, which prohibits “unreasonable searches and seizures” and requires that warrants be supported by probable cause, and which will determine the outer bounds of permissible surveillance at the federal and state levels.

A word of warning: Any analysis is going to be highly tentative, for two reasons. First, Fourth Amendment analysis is highly sensitive to factual details about both the surveillance at issue and the broader context (for example, the severity of the pandemic). In the absence of concrete proposals, any analysis is going to necessarily be at a fairly high level. Second, the relevant Fourth Amendment doctrines—the third-party and special needs doctrines—are, even by the standards of constitutional law, in flux and without much coherence. Any predictions will thus be somewhat speculative.

I’ll first give an overview of the relevant Fourth Amendment law and then apply it to three types of disease surveillance that are likely to be relevant in the near term: tracking the occurrence of coronavirus infection, contact tracing and quarantine enforcement….

Much of the legal difficulty, of course, indirectly stems from the text of the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Not all searches and seizures are banned, but just the “unreasonable” ones; and the warrant/probable cause provision doesn’t mandate warrants or probable cause, but only requires that a warrant be based on probable cause. That leaves a vast amount open to interpretation (as of course is true for many other constitutional provisions as well), but even more guided than usual by a necessarily vague principle of reasonableness, because “unreasonable” is right there in the text.

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“Disease Surveillance and the Fourth Amendment”

Here’s an excerpt, though you should read the whole thing:

Like governments around the world, the United States is struggling with the “coronavirus trilemma“: It wants to protect lives, ease social isolation, and protect privacy and civil liberties, but it can do only two of those at the same time. In particular, and as South Koreas successful management of the coronavirus shows, extensive surveillance may be the only way to control the outbreak while preserving some degree of normalcy for economic and social life. I’ve argued that the longer the pandemic drags on, the more willing (and rightly so) people will be to trade in some of their privacy for the freedom to work and play. There is already significant support for location tracking among both policy experts and the general public, and we should expect this sentiment to increase.

A key issue will be determining what policy responses to the coronavirus can be squared with the requirements of the Constitution. Many constitutional provisions are implicated—for example, the Due Process Clause may restrict the government’s ability to quarantine people suspected infection, the Commerce Clause (and its judicially crafted inverse, the Dormant Commerce Clause) bears on the question of division of power between the federal government and the states, and the open-ended nature of Article II raises questions about the president’s inherent powers to act in the absence of congressional authorization. For now, I want to focus on the Fourth Amendment, which prohibits “unreasonable searches and seizures” and requires that warrants be supported by probable cause, and which will determine the outer bounds of permissible surveillance at the federal and state levels.

A word of warning: Any analysis is going to be highly tentative, for two reasons. First, Fourth Amendment analysis is highly sensitive to factual details about both the surveillance at issue and the broader context (for example, the severity of the pandemic). In the absence of concrete proposals, any analysis is going to necessarily be at a fairly high level. Second, the relevant Fourth Amendment doctrines—the third-party and special needs doctrines—are, even by the standards of constitutional law, in flux and without much coherence. Any predictions will thus be somewhat speculative.

I’ll first give an overview of the relevant Fourth Amendment law and then apply it to three types of disease surveillance that are likely to be relevant in the near term: tracking the occurrence of coronavirus infection, contact tracing and quarantine enforcement….

Much of the legal difficulty, of course, indirectly stems from the text of the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Not all searches and seizures are banned, but just the “unreasonable” ones; and the warrant/probable cause provision doesn’t mandate warrants or probable cause, but only requires that a warrant be based on probable cause. That leaves a vast amount open to interpretation (as of course is true for many other constitutional provisions as well), but even more guided than usual by a necessarily vague principle of reasonableness, because “unreasonable” is right there in the text.

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A Kentucky Mayor Blocked 2 Non-Profits From Renting Hotel Rooms for Homeless People Who Have Nowhere To Shelter in Place

A Kentucky mayor has told a local hotel that it’s not to rent rooms to two housing organizations trying to shelter the homeless during the coronavirus pandemic, saying the town’s zoning code doesn’t allow for transitional housing at the temporary lodging facility.

“The easy answer is that this is outside of the current zoning code and uses such as ‘transitional housing’ has its own definition,” Florence, Kentucky, Mayor Diane Whalen told the Lexington Herald-Leader of a deal that two non-profits, Emergency Shelter of Northern Kentucky and Welcome House, had struck with the SpringHill Suites to rent out rooms for 40 people who had been staying temporarily at a nearby convention center.

The convention center had agreed to host these people for only 15 days, so Welcome House and the Emergency Shelter arranged to rent rooms at the SpringHill Suites, where the people they care for would have access to showers and be better able to isolate themselves in their own rooms, reports the Cincinnati Enquirer.

After finding out about the arrangement, Whelan reportedly asked the hotel to rescind its offer to rent rooms to the two homeless organizations, which it did.

“After speaking with Mayor Whalen, there are concerns of zoning violations for the hotel. And furthermore, the safety of first responders and the citizens of Florence during the shelter-at-home declaration,” a regional manager for the company that operates SpringHill Suites said in an email obtained by the Herald-Leader.

Whalen said that in addition to the zoning issues, she was worried the homeless would congregate outside their rooms in violation of social distancing protocols. She also expressed concern that Welcome House and Emergency Shelter were trying to shelter too many people in Florence without coordinating with local health authorities.

“Communication and planning are key to protecting not only the community being housed under one roof in a hotel where large gatherings beyond their rooms is not permitted, but also the larger community where an influx of large numbers of people from a different location can potentially further spread the virus,” Whalen said to the Herald-Leader.

The 40 people that were supposed to stay at the SpringHill Suites have reportedly been moved to another hotel, where they’ll be lodged until May 4.

The coronavirus pandemic has upended American society in radical ways, yet one thing that remains stubbornly unchanged is local governments’ penchant for NIMBYism, particularly when it comes to sheltering the homeless.

A similar deal to shelter the homeless at a Best Western in West Haven, Connecticut, fell through after the town’s police chief demanded the hotel hire two police officers to be on-site for 24 hours a day at a daily cost of nearly $5,000, a price tag that included paying the officers’ wages, benefits, vehicle costs, plus an 18 percent administration fee.

Larger cities in the country with significant homeless populations have set up temporary shelters that, judging from photos, are less than ideal for social distancing purposes.

Many of the country’s hotels are near empty right now as travel and the economy in general grinds to a halt. Using those spare rooms to shelter the homeless during the pandemic could be beneficial for all involved.

Homeless guests would be able to stay indoors with hot and cold running water, comfortable places to sleep, and TVs that would make it easier to comply with social distancing, and hotels would get much-needed business.

It’s a shame that some local governments have taken it upon themselves to tear up what should be a voluntary win-win arrangement between hotels and homeless service providers.

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How to Hold Elections During a Pandemic

Here in Ohio, Governor Mike DeWine and Secretary of State Frank LaRose closed polling places on primary election day to prevent the spread of Covid-19 at polling places, and the state legislature agreed unanimously to extend absentee voting and virtually eliminate in-person voting this spring due to the pandemic. Voters in Wisconsin were not so lucky, and there are good reasons to worry about this fall’s general elections if continued Covid-19 fears still produce some amount of social distancing. Trying to hold in-person elections during a pandemic risks suppressing turnout or greatly spreading the disease, if not both.

Joshua and Rachel Kelinfeld have a proposal for how to address these concerns that seem eminently reasonable and doable: expanding absentee voting (or other mail-in voting) and drive-through voting. As they explain on NRO:

Neither requires unrealistic procedures. Drive-through voting, which parts of Wisconsin already use, lets citizens vote from the safety of their cars, using machines that have been disinfected. Voting by mail is already the voting system in Washington, Colorado, Oregon, Utah, and Hawaii. Expanding absentee voting in other states would require simply setting aside — for one election — requirements to request a ballot in advance or to provide specific justifications for not voting in person.

But these changes in voting procedures do require political action now. First, Congress needs to approve funding. States that already are cash-strapped from the pandemic’s economic fallout will need money to cover expenses such as printing and mailing excess ballots. The recent stimulus was a good, bipartisan start — but provided less than a quarter of what is likely needed.

States need to take political action, too. Those that require a special justification to receive an absentee ballot need to make a one-election exception. States that do not allow absentee ballots to be counted until Election Day need to modify their rules so as not to slow counts and leave the election result in doubt. Most states need to ramp up capacity, or they may be swamped with more requests than they can handle. And because not everyone can vote by mail, states need to modify their polling places for drive-through voting, expand early voting hours, and implement similar innovations. This can all be done in time — but only if action starts now.

One reason this should be a viable strategy is that it’s not entirely clear which party would be most helped by such measures. And while it is true that the risks of voter fraud from absentee or mail-in voting are higher than with in-person voting, there is little evidence of significant voter fraud in jurisdictions that use more widespread vote-by-mail or absentee voting, and greater use of things like signature matching can further reduce that risk.

Elected officials should focus on these issues now, both so that election administrators are prepared for the fall, but also so that the country avoids the sort of brinksmanship and last-minute wrangling that infected the Wisconsin election fight.  Voter confidence in election results is as important as ever, and it’s important for political leaders to take action now to ensure there are not more Wisconsin-like election snafus going forward.

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A Kentucky Mayor Blocked 2 Non-Profits From Renting Hotel Rooms for Homeless People Who Have Nowhere To Shelter in Place

A Kentucky mayor has told a local hotel that it’s not to rent rooms to two housing organizations trying to shelter the homeless during the coronavirus pandemic, saying the town’s zoning code doesn’t allow for transitional housing at the temporary lodging facility.

“The easy answer is that this is outside of the current zoning code and uses such as ‘transitional housing’ has its own definition,” Florence, Kentucky, Mayor Diane Whalen told the Lexington Herald-Leader of a deal that two non-profits, Emergency Shelter of Northern Kentucky and Welcome House, had struck with the SpringHill Suites to rent out rooms for 40 people who had been staying temporarily at a nearby convention center.

The convention center had agreed to host these people for only 15 days, so Welcome House and the Emergency Shelter arranged to rent rooms at the SpringHill Suites, where the people they care for would have access to showers and be better able to isolate themselves in their own rooms, reports the Cincinnati Enquirer.

After finding out about the arrangement, Whelan reportedly asked the hotel to rescind its offer to rent rooms to the two homeless organizations, which it did.

“After speaking with Mayor Whalen, there are concerns of zoning violations for the hotel. And furthermore, the safety of first responders and the citizens of Florence during the shelter-at-home declaration,” a regional manager for the company that operates SpringHill Suites said in an email obtained by the Herald-Leader.

Whalen said that in addition to the zoning issues, she was worried the homeless would congregate outside their rooms in violation of social distancing protocols. She also expressed concern that Welcome House and Emergency Shelter were trying to shelter too many people in Florence without coordinating with local health authorities.

“Communication and planning are key to protecting not only the community being housed under one roof in a hotel where large gatherings beyond their rooms is not permitted, but also the larger community where an influx of large numbers of people from a different location can potentially further spread the virus,” Whalen said to the Herald-Leader.

The 40 people that were supposed to stay at the SpringHill Suites have reportedly been moved to another hotel, where they’ll be lodged until May 4.

The coronavirus pandemic has upended American society in radical ways, yet one thing that remains stubbornly unchanged is local governments’ penchant for NIMBYism, particularly when it comes to sheltering the homeless.

A similar deal to shelter the homeless at a Best Western in West Haven, Connecticut, fell through after the town’s police chief demanded the hotel hire two police officers to be on-site for 24 hours a day at a daily cost of nearly $5,000, a price tag that included paying the officers’ wages, benefits, vehicle costs, plus an 18 percent administration fee.

Larger cities in the country with significant homeless populations have set up temporary shelters that, judging from photos, are less than ideal for social distancing purposes.

Many of the country’s hotels are near empty right now as travel and the economy in general grinds to a halt. Using those spare rooms to shelter the homeless during the pandemic could be beneficial for all involved.

Homeless guests would be able to stay indoors with hot and cold running water, comfortable places to sleep, and TVs that would make it easier to comply with social distancing, and hotels would get much-needed business.

It’s a shame that some local governments have taken it upon themselves to tear up what should be a voluntary win-win arrangement between hotels and homeless service providers.

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