Board of Aldermen 3-31-2020 Page 43
Alderman Klee
| just want to clarify Ordinance Number 16 that was the one that limited to 10, | am trying to read this ona
very tiny screen so | apologize, it says, “Scheduled gatherings of 10 people or more for social, spiritual,
recreational activities including but not limited to community, civic, public leisure, faith-based or sporting
events, parades, concerts, festivals ... the prohibition does not apply to the General Court, day to day
operations of or for profit or non profit organizations in Government, or gatherings for urgent medical
purposes, such as blood drives, meetings of medical personnel to discuss efforts to combat the COVID-19
pandemic. It doesn’t speak of municipal government in that such but would do you feel that because it
doesn’t say it in the either, limited to or the prohibited from, that we would fall within that more than 10?
Attorney Bolton
As near as practical, | think we should avoid gatherings of more than 10. | think from a legal point of view
you are safer and you know you are on the right side of the law if you were not promoting gatherings of
more than 10 people. Is there an argument that maybe we can stretch to have a Public Hearing and have
more than 10 people? Yeah there is a legal argument for that. Should we do it? | would say “no we
should not do it”. Modeling the most appropriate behavior that we want our citizens and residents to
observe so hopefully there will be some ability to conduct a Public Hearing telephonically or by means of
written communication or something else before we face those issues.
Alderman Klee
That’s what | wanted to hear, thank you.
Alderman Schmidt
Madam President, | just want to bring up Emergency Order Number 17 “requires the closure of non-
essential business and requires Granite Staters to stay at home. This isn’t the business of people to come
and speak to us if they can talk to us in an e-mail or snail mail or a phone call. | would say that because of
this order, that people should stay home and stay safe. Thank you.
President Wilshire
Thank you, Alderman Schmidt. Anyone else care to weigh in.
Alderman Clemons
Yes through you to Corporation Counsel and forgive me if | have this incorrect, but | do believe that the
President has given us an order to limit public gatherings to 10 people as well. Does Federal Law
supersede the States?
Attorney Bolton
I’m not familiar with an order of the President that would apply to us. If one exists, | would like to read it
thoroughly before | opine on that. | know there are extraordinary powers granted to the President in times
of great National distress, but generally speaking the Federal Government can’t interfere in the day to day
operations of localities. Normally, on issues that have a Federal Component, a Federal Law would
supersede State Law to the contrary, beyond that | can’t really say. | do not know of a specific no
gatherings over 10 people that has been erected by the President to local municipalities.
Alderman Clemons
Ok thank you.
