Marion County Toughens COVID-19 Response With $1,000 Fines For Health Violations

By Erica Irish 
TheStatehouseFile.com

INDIANAPOLIS — Businesses and individuals in Marion County who choose not to follow safety requirements to limit the spread of COVID-19 could now see fines of $1,000 for first-time violations, according to an updated public health order.

“The time for warnings is over,” Indianapolis Mayor Joe Hogsett said in a virtual press conference Tuesday after a weekend that saw big health code violations, including at an event at the Indianapolis Speedrome where spectators packed stands without masks and social distancing.

Marion County Health Commissioner Dr. Virginia Caine joined Hogsett and explained the fines are designed to grab attention after efforts to educate and provide warnings floundered in recent months. To date, Caine said there have been 406 complaints related to COVID-19 public health requirements that resulted in two citations.

The new $1,000 fines can be compounded over several days if a business is discovered to have violated public health requirements more than once, and individuals may also be fined. Repeat violators could see their businesses closed indefinitely.

“We need to get your attention,” Caine said about the new approach.

Caine pointed to several data trends that indicate community spread of COVID-19 is still occurring in Marion County to explain why the health department is toughening its stance on enforcement. While the health department does expect the county’s overall positivity rate to decrease, the current seven-day positivity rate of 9.2% — representing the period between July 28 and Aug. 3 — is a sign that community spread is still happening.

Part of this is because the county managed to increase testing to around 2,500 tests per day, Caine said. But the number of positive cases still indicates work needs to be done to keep the public safe, and Caine noted trends can change quickly without the proper precautions.

The number of cases and deaths also continues to increase statewide, with the Indiana State Department of Health reporting an additional 884 cases and 25 new deaths Tuesday. A total of 75,862 cases have been recorded, and 2,863 are believed to have died from COVID-19.

Like Marion County, state officials continue to share updated public health guidelines with Hoosiers, including a recent mandate that most people wear masks when in public. But the statewide mask order leaves enforcement up to local health departments.

The virus also continues to disproportionately affect minority communities in the county, Caine said, with members of the Hispanic and Latinx community seeing nearly 2,240 positive tests per 100,000 people. Black and community members saw nearly 1,380 positive tests per 100,000 people, according to data from the county health department. Around 34% of all cases in Marion County, however, were recorded with no race or ethnicity.

Schools remain in a difficult position as a result of the county’s continued struggle with COVID-19. Marion County continues to base school reopening plans on the reported positivity rate. Schools are currently limiting their reopening plans based on the county’s “yellow” level, which allows for in-person instruction in elementary schools but limits classes in middle and high schools to a blend of online and face-to-face classes.

The ideal level, green, will allow all schools to open for in-person instruction. But to get there, the positivity rate needs to drop to between 0 and 5%. At a positivity rate of 13% or higher, all schools in Marion County will have to go online.

Hogsett said he’s confident leaders in state government, including Gov. Eric Holcomb, will ensure schools have the funding they need if they do choose to move online. He was responding to a question about a recent letter shared by Indiana Senate President Pro Tempore Rodric Bray, R-Martinsville, that suggested current Indiana law could limit school funding if students move online.

“I’m sure that will be resolved because all of us are committed to providing safe, quality educational opportunities for all students,” Hogsett said.

Caine also shared new guidelines Tuesday regarding high school sports. Football, which is expected to begin next Friday for some Marion County schools, will be allowed to continue so long as schools follow guidelines from the Indiana High School Athletic Association.

Right now, the guidelines force schools to limit spectators at football games to 250 people, and all of them will have to wear masks in the stands. Congregating around places like concession stands won’t be allowed, and masks must be worn by players on the sidelines.

Outside of schools, bars and nightclubs will remain closed in Marion County starting Friday. An update to the county’s public health order will require any business that restricts entry to guests 21 and over to remain closed. Restaurants will continue to face capacity limits, too, with outdoor and indoor dining required to remain at 50% capacity. Age-restricted restaurants will be limited to 25% indoor capacity with no bar service allowed.

FOOTNOTE: Erica Irish is the 2020 Russell Pulliam editor for TheStatehouseFile.com, a news website powered by Franklin College journalism students.