Governor's Phase 3 Order Affects VCC Biketoberfest Ordinance

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DeLand, FL - The Volusia County Council was set to approve an Emergency Ordinance pertaining to Biketoberfest when County Attorney Mike Dyer made it clear that Governor Ron DeSantis Executive Order moving Florida to Phase Three disallows Emergency Ordinances pertaining to COVID-19. "It provides that no COVID-19 Emergency Ordinance may prevent an individual from working or from operating a business. It also prohibits local restrictions on the capacity of restaurants." Dyer said the Governor's Executive Order may affect what some cities in Volusia County (Ormond Beach and Holly Hill) have already enacted.

Dyer said after reviewing the Governor's Executive Order, it preempts the Emergency Ordinance created by Clay Ervin, Director Of Growth and Resource Management and staff. "My concern after reading the Governor's order is that from a legal standpoint, I believe that, we would be subject to challenge if we were to enact this. Certainly, a safety plan, if applicants wished to submit them, could be encouraged."

County Chair Ed Kelley summarized saying there's not much more that can be done other than the normal application processes already in place and be prepared. Basically, the Governor's order eliminated or set aside anything restrictive that was to be put in place, other than the suggestion of "Wash up. Mask Up. Back up. "

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