Only two Alabama counties have health officers who can pass more restrictive health orders

Entertainment venues in Jefferson County remain closed, under an order issued by County Health Officer, Dr. Mark Wilson with stricter COVID-19 guidelines compared to the rest of Alabama.

Wilson’s authority to strengthen restrictions comes from a state law dating back to before 1920.

Barber Vintage Motorsports Museum is eager to reopen, but must remain closed under the county’s order.

“We’ve been hoping to open daily,” said museum executive director Jeff Ray. “We’ve had a plan A, plan B and plan C in place.”

Ray says he understands why Jefferson County extended closures for entertainment venues. He says safety is his priority.

“As much as it doesn’t taste well, it’s the right thing to do,” said Ray.

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Only two counties in Alabama have their own health officers, Jefferson and Mobile counties.

According to Wilson, Jefferson County's First Health Officer was appointed in 1917. The county has had one ever since.

A state statute outlines how county health departments can operate. It breaks down the duties and powers of a county health officer, should county health boards choose to appoint one.

The code states county health officers answer to both their county health board and the state health officer.

Alabama Health Department general counsel Brian Hale says county health officers can only pass orders different from the state if they are more restrictive.

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Hale says other counties could choose to have their own county health officer, but have not done so. They would operate under the same state statute and would have to fund the position.

“There is definitely benefit in terms of what’s going on in your own local community,” Wilson said of the concept of county health officers. “I didn’t make the decision to set it up that way, but that is the way it is.”

Wilson says different counties have different needs.

“We are someone unique because we are a largely metropolitan area,” Wilson said. “We have a pretty big population. I think in an ideal world, you would have this for every county.”

Dr. Wilson says his decision to keep entertainment venues closed is based on the rising number of cases.

“Since the previous order was issued May 8, we had a 30 percent increase in the numbers of people in the hospital with COVID-19,” Wilson explained.