Tillamook County Commissioners Erin Skaar and Mary Faith Bell holding Indoor Mask Mandate Sign in front of Tillamook County Fair 2021Photo from video via Tillamook County Fair Facebook Page

Many business owners affected by the COVID-19 lockdowns have filed lawsuits against state and federal entities. However, counties have not been exempt from these lawsuits as exhibited in “Mankins Family LLC Pacific City Inn) versus Tillamook County, OR” This lawsuit alleges that the Tillamook Board of Commissioners’ resolutions from March-May 2020 concerning the closing of the transient lodging caused unnecessary financial harm to the Mankins due the questionable wording of the resolution. The Tillamook County Commissioner that testified in this hearing is Mary Faith Bell. Mary Faith Bell has been a Tillamook County Commissioner since 2019, and is currently running for re-election.

Specifically, this deposition covers whether the county had enforcement power to close businesses in unincorporated portions of the county. The deposition presents a strong case that the County Commissioners knew they had no legal power to “shut down” businesses, but that they purposefully crafted their order to sound as if they had the authority and ability to enforce business closures.   For reference the March 22, 2020 Resolution# R-20-006 In the Matter of the Continuance of a Local State of Emergency Within Tillamook County stated:

 The following closures shall go into effect no later than 12:00 p.m. on Monday, March 23, 2020: a. Closure of all county, state, and federal parks within Tillamook County. Current park hosts and employees of the park are allowed to remain in the park; b. Closure of all county parking lots, beach access, and certain parking areas along road rights-of-way; c. Closure of all county public boat launches to non-commercial users that do not commercial fish for the purpose of providing a retail food source; and d. Closure of all transient lodging facilities including, but not limited to, motels, hotels, short-term vacation rentals, bed and breakfasts, RV parks, and campgrounds.[Emphasis mine].

Mary Faith Bell makes it clear in her deposition that the intent of the Board of Tillamook County Commissioners was to compel compliance. For example, when asked if the commissioners had the authority to close state and federal parks Commissioner Bell replied, “We —we wanted to—again, to present a front that Tillamook County is closed. And —and to encourage our partners in outdoor recreation via the OPRD—Oregon Parks and Recreation Department—-and your—United States Forest Service to —to ask them to partner with us in this united front that Tillamook County is closed to visitors. And so —so we included that in the resolution. But they didn’t have to comply.” (pg. 33 “Deposition of Mary Faith Bell 30 (b) (6) Tillamook County, OR Designee August 12, 2021, In the Matter of: Mankins Family LLC and Pacific City Inn v. Tillamook County, Oregon”).  Contrary to this statement under oath during the March 22, 2020 emergency meeting of the Tillamook Board of Commissioners that “to the extent that we CAN [emphasis mine] close transient lodging, we should. So I again would like to hear from legal counsel about what we can do about short-term rentals because these are private residents . . . could we prohibit air B and B’s?” County Counsel Joel Stevens replied, “I believe we can.”

So what did the Board of Commissioners believe they were acting legally or not? Under oath Mary Faith Bell asserts that they knew they did not have the authority to enforce or actually close any businesses, but during the public meetings she makes assertions such as “it is time to take bold action.” So while under the threat of perjury Bell clearly indicated the Commissioners did not have the authority to enforce closures, but in public, including on the Tillamook County website, Bell has presented the Commissioners as the “county health authority” and affirmed they do have the power to enact all kinds of legally questionable orders.

 This claim of being in health authority is echoed in Bell’s later testimony of this deposition. When asked if there was a “specific reason why the County chose not to make that fact clear to lodging owners that their compliance was completely voluntary” here was Bell’s response:

We were managing the pandemic. The county commissioners are the public health authority for the County. And we were trying to prevent people from coming to Tillamook County and bringing the virus with them. So we were looking for voluntary compliance. And we issued the resolution, as you know. And there—it wouldn’t have been in the best interest of the public health for us to say, But you can do this or not, if you want to. (Pg. 59)

Commissioner Mary Faith Bell makes it clear in this statement that she did not trust the citizens of Tillamook County, or at large (there was a concern about outside tourists) to make their own health decisions.  In fact, when the original March 22, 2020 Resolution # R-20-006 was passed there were zero COVID-19 cases in Tillamook County. This resolution was renewed monthly until June 10, 2020. Of course, the county has since stepped back from their original lockdown measures to merely keeping our county in a “state of emergency” on December 29, 2021 until June of 2022, unless they choose to renew the state of emergency, again. These state of emergencies have been unanimously voted on and signed by every current commissioner.

            Tillamook County was not held liable, in that on a technicality they won the law suit filed by the Mankins. However, this is not to say Tillamook County was not liable or that they acted on legal authority based on the testimony by Commissioner Bell or in the reality of the consequences of their decisions. Nor has history vindicated their decisions as Suzanne Weber affirmed it would when the Tillamook County Commissioners passed their original Resolution on March 22, 2020.

Remember the original reasoning of all lockdowns and closures was to “flatten the curve.” How did Tillamook County perform in that area? Mostly well, but then again COVID-19 had a survival rate of over 99%. In fact, the only “life-threatening surge” Tillamook County ever experienced was in late August/early September 2021, during which most of the 64 reported deaths in our county occurred. In other words, the Commissioners had a year and a half to help the county health providers for treatment of patients. To be fair, Oregon as a state has the least amount of hospital beds per capita and current data from OHA suggests that 93% of those that died in Oregon had underlying conditions. So perhaps we mustn’t judge our local leaders too harshly. However, any who personally lost a loved one to COVID-19 will have their own feelings on how our local leaders prepared for our belated surge. But in case you missed it the head administrator of Tillamook Adventist Hospital, Eric Swanson, just endorsed Mary Faith Bell for re-election as Tillamook County Commissioner.

            As we look toward the future and consider who should be making county resolutions, state or federal laws, we must look back on the record of those who have made those decisions. If hindsight is 20/20 let us not forget the lessons of 2020. Courageous leadership is required for trying times. Likeability will not save during a pandemic or foster economic stability. Freedom should be affirmed over fear.