Asked why he had established the death penalty as the punishment for all crimes, the ancient Athenian lawgiver Draco responded that the lesser offenses deserved death, and that he could think of no harsher sentence for more serious offenses.
This is why, today, we derive the term “draconian” from his name. And his legendary example appears to be inspiring three county commissioners in the picturesque town of Steamboat Springs, Colorado. Just think of them as a modern-day triumvirate of local government tyranny.
Even though Routt County’s population is less than 30,000 strong, and less than 50 county residents are known to have contracted the coronavirus, the commissioners have passed a public health order requiring all citizens to wear face masks while in a place of public business.
That may not seem unreasonable, but their order is five pages long and stacked with an astonishing amount of unnecessary mandates — for example, restricting how many people can be in a car at any one time. Anyone who fails to wear a mask while at the grocery store won’t just face a $5,000 fine, but 18 months imprisonment. This edict by commissioners Tim Corrigan, Beth Melton, and Doug Monger lasts until May 14, but it might be extended.
Challenged by concerned residents as to the necessity and extent of their ruling, the commissioners offered no compromise. In a response seen by the Washington Examiner, the triumvirate argue that “The required use of masks in these higher-density environments is a reasonable public health precaution.” If not for this action, they argue further, Steamboat Springs may become another New York City or Italy, with overloaded hospitals and stacked up bodies.
It is not quite clear how the commissioners see parallels between aging Italy, crammed New York, and a small rural town of healthy, outdoors-loving individuals with lots of space. It’s also not clear why they find it necessary to issue such draconian, punitive threats that are not in place even in New York.
Still, this is another reminder that power is something to wield carefully, and the Constitution something to treasure. We’re learning a lot about ourselves in this moment of national crisis. But one lesson seems clearest of all: Many of our elected officials fancy the idea of making themselves into American Caesars, if not Dracos.
