This continues to be an extraordinarily challenging time in our country, state and in our city, as we confront the public health, safety, and financial issues facing our residents. Across the country, leaders are passing ordinances, signing emergency orders, and providing guidance to their community members. Just yesterday Governor Brown issued enhanced restriction aimed at limiting the spread of COVID-19 and flattening the infection rate. 

Over this past weekend many coastal communities experienced a large influx of tourists. While this is normally welcomed as tourism is an important part of our local economy, it was not welcome and wanted by those wishing to protect their citizens from the potential spread of COVID 19 nor the consumption of limited resources. Several cities and a few counties took extraordinary and immediate action in an effort to close down temporary lodging establishments and tourist destinations. Below you will find a list of local coastal governments who took action and a summary of their emergency orders: 

• City of Warrenton adopted a resolution on March 21, 2020 which required the end of camping at several identified locations and the closure of short-term rentals and hotels with a few exceptions.  No ending date was listed.
• Clatsop County Board of Commissioners is enacted an emergency order on March 22, 2020 which required the closure of all campgrounds, short term rentals, hotels, spas, and pools public bathing facilities, with a few exceptions.  The emergency is effective for 14 days.  
• Tillamook County Board of Commissioners adopted a resolution on March 22, 2020 which required the closing of all parks (including state and federal parks); transient lodging including hotels, motels, bed and breakfasts and short-term rentals including condos; boat launches to all but commercial fisherman; and closing beach access with limited exceptions through April 28, 2020.   
• City of Manzanita adopted a resolution on March 22, 2020 which required the closure of short-term rentals and hotels with a few exceptions.  No ending date was listed.  
• City of Astoria adopted a resolution on March 22, 2020 which required owners of hotels and short-term rentals to terminate current rentals and to not permit rentals, with a few exceptions.  No ending date was listed.  
• City of Bandon adopted a resolution on March 23, 2020 which in effect orders all overnight visitors to evacuate the Bandon within 24 hours and to stay out while the resolution is in effect.  Their resolution defined who is subject to the order and who is not.  In addition, the resolution prohibits hotels, inns, bed and breakfast establishments, temporary vacation rentals and short-term rentals from operating while Bandon’s emergency declaration is in effect unless they are providing services for customers which fall within the following categories:  
  • Residents registered for longer than 30-days; 
  • Employees of a facility provided lodging at no cost as a requirement of their employment;
  • Persons in lodging for medical reasons; 
  • Essential workers, including but not limited to doctors, nurses and other health care workers, US Coast Guard members, delivery drivers, utility crews, bar pilots, river pilots and other persons providing essential services to the City. 

The Governor’s emergency order issued yesterday did close public and private campgrounds to all but a few exceptions but did not close or otherwise impose regulations involving short-term rentals and/or hotels/motels.  In the Oregon Restaurant and Lodging Association’s opinion, the Governor’s recent executive order “occupies the field” regarding business closures in light of its completeness, its designation of authority for additional closures in paragraph 5, and its third to last paragraph. The third to last paragraph explicitly preempts local laws that are “inconsistent with this exercise of the Governor’s emergency powers.” Lodging establishments across Oregon are not on the list of required closures and therefore must adhere to strict social distancing protocols and keep both employees and guests safe as we provide shelter to those working on the frontlines of the COVID-19 crisis.

In accordance with a recommendation from the Oregon Legislative Coastal Caucus, Curry County and the City of Brookings adopted resolutions which request Governor Brown to include in her next Executive Order the recommendations to close all transient lodging facilities to stay and purchase to persons of less than 28 days in coastal counties and their communities, until May 1st, 2020, with limited exceptions to individuals in the trucking industry, victims of domestic violence, health care workers, contract workers and others that may be deemed as essential personnel services.