Recent news coverage of Brattleboro’s attempt to impose a mask mandate has revealed something that went under the radar in June, and I have questions.

Last week, Gov. Phil Scott rejected the Brattleboro ban. In doing so, the administration cited an executive order posted on June 15. The order came at the end of Vermont’s state of emergency, and outlined next steps in fighting Covid-19. They included use of the National Guard in “vaccination and other recovery services,” extending a measure allowing bars and restaurants to sell take-out alcoholic drinks, extending emergency housing measures, and…

What seems to be a remarkable concentration of power in the governor’s office: “Changes in public health mitigation measures or requirements impacting the general population shall require approval of the Governor.”

By itself, the order seems to apply to measures taken by the state. But just before that sentence comes a statement that the Vermont Department of Health “shall oversee COVID-19 related investigation and mitigation efforts,” including those by municipal authorities. That sets the stage for the assertion of executive power.

I’m no lawyer and this could all be completely kosher. But it seems a bit dictatorial to me, and I’m surprised that it failed to attract a single bit of coverage or criticism. Other parts of the order, like the housing bit and the liquor permission, were covered extensively. But not the assumption of unitary power by the governor.

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