Interpretation of state-wide Public Health Order

[Nicholas Komar]

My interpretation of the latest state-wide public health order, now in place until April 11, is that it does permit recreation including birding, as long as group activities are avoided, and social distancing practices are in use. However, be smart, folks. Avoid ANY public areas where the pandemic virus may be lurking on surfaces, and stay home if you have symptoms. Stay home if you are in a high risk group. It is imperative that we slow the epidemic curve of this virus to avoid overwhelming the health care system.

This is my personal opinion.

Nick Komar
Fort Collins CO

[John Rawinski]

My interpretation as well

[Allison Hilf]

My understanding is same, BUT travel to different regions in state is prohibited.  E.g. people from Denver are not permitted to drive to the mountains to go birding; nor are they  permitted to drive to  El Paso County to look for a bird, regardless of social distancing.   Birding at local parks is permitted but they want people to try and stay in their local communities and parks when pursuing outdoor activities such as  birding.   

As someone who is immunocompromised and still enjoys watching bird behavior from my yard, it is possible to stay in your local neighborhood and/or parks for the sake of those of us who are at greatest risk from COVID-19.

Safe birding to all,

Allison Hilf

Aurora, CO

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[Susan Rosine]

I was not aware of that restriction. I thought you could travel anywhere to exercise, which includes birding. I thought that's why the state parks were still open.
So people in the mountains can't go to the plains, and vice versa? Like how far away from your town can you go? I've seen nothing about that.
I stay sooooooo far away from people all the time, and I have left the city limits.
Susan Rosine
Brighton

[Thomas Heinrich]

Just happened to find this relevant article on the Denver Post website:

https://theknow.denverpost.com/2020/03/26/hiking-mountains-denver-stay-at-home-order/236219/

Thomas Heinrich

nyc...@aol.com

Boulder, CO

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Thomas Heinrich
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[SeEttaM .]

SeEttaMoss

Canon City 

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[SeEttaM .]

[Gary Brower]

Read all the way through the article.  It is aimed at DENVER residents.  Here’s the appropriate sentence (from the article, anyway)— the next-to-last “paragraph”:

You might be thinking, “Well hold on a second, Gov. Jared Polis said hiking was fine!” Unfortunately for Denver residents, the stricter restrictions are what apply, so in this particular case, the city and county order trumps the statewide order.

The State’s order (under “Definitions”) reads:

3. Engaging in outdoor activity, such as, by way of example and without limitation,

walking, hiking, nordic skiing, snowshoeing, biking or running. For purposes of

outdoor activity, State parks will remain open to the public to engage in walking,

hiking, biking, running, and similar outdoor activities but all playgrounds, picnic

areas, other similar areas conducive to public gathering, and attended areas shall

be closed. Additionally, the permitted outdoor activities in this PHO do not

include activities that would violate the Social Distancing Requirements

If there is another, more authoritative, ruling (than “TheKnow”), I’ll be welcome to hear/read it.  In the meantime, I’ll stick with Polis’ order, not Hancock’s. But, the state’s order replaces both Boulder County’s, as well as the Ti-County Health Department’s orders.

Gary Brower

Unincorporated Arapahoe County (thankfully!)

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[Allison Hilf]

Gary-

Nobody is saying you can't go hiking, snowshoeing, etc. in the region of the state you live in, so long as you observe social distancing regulations. However THINK about purpose of having people to stay in region.  It's to not spread virus.   TRAVELING spreads virus, period.  The question has been asked at news conferences and Gov. Polis was on news Friday explaining exercising and participating in outdoor activities in your REGION is fine.

Jefferson County has one of the larger numbers of COVID19 cases in the state, all who find it necessary to chase the Sagebrush Sparrow for your County Lists there, I hope you stay in YOUR REGION  for at least 14 days afterwards to protect the vulnerable with pre-existing health conditions.  If you watched the bird from your car, this wouldn't be as important to me, but it still violates State Regulations.  

Allison Hilf

Aurora,CO

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[Allison Hilf]

Gary

SeEtta's picture has Gov. Polis insignia on sign.....it applies to the whole state.

[Gary Brower]

Allison,

I’m not advocating running around the state. I was just clarifying that the Denver “stay-at-home” order is different than the state’s.

And, of course, what does “region” mean? This is probably the “squishiest” concept in the whole thing!

Gary Brower

Unincorporated Arapahoe County

[Susan Rosine]

That's a good question. What is my region?
I've been mostly birding from my car. I do get out and walk around if there are NO humans around. I carry lots of hand sanitizer in my car, mainly to use at the gas station.
Thank you everyone for responding to my questions. I don't want to be breaking any laws!
Susan Rosine
Brighton

[Mark Minner-lee]

Hi everyone,

Good points of clarification to be sure, but I would advise everyone to be conservative here.  The farther away you go the greater the odds are you’ll need to have an interaction that could possibly involve transfer (stopping for gas, visiting a restroom, going into a grocery store, etc.).   This may appear to be miniscule, but it is exactly these types of accumulating interactions that promote spread.  Local birding can remove the majority of these situations.

Additionally I’d like to put a focus on the obvious here.  Just because an event is permissible doesn’t mean we should consider it not harmful.   We should all consider minimizing any travel outside right now to reduce spread.  Birding is certainly a low risk activity, but given the increased numbers of people going outside to areas that are commonly birded it is not a no risk activity.

I know that this is disappointing to read and perhaps even maddening to some, but as a health care professional I have seen how small behaviors and tiny changes can have huge positive/negative impacts on a larger scale.  Most of us have fabulous locations within 10-15 mins of our homes and  I am certain that most of us wouldn’t face extreme hardship by cutting back on a couple excursions each week.   

Regards,

Mark Minner-Lee

Erie, CO

Sent from my iPhone

On Mar 29, 2020, at 5:45 AM, Gary Brower <grb...@gmail.com> wrote:

Read all the way through the article.  It is aimed at DENVER residents.  Here’s the appropriate sentence (from the article, anyway)— the next-to-last “paragraph”:

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[Sebastian Patti]

Send in the lawyers and the judges!!

Sorry, cabin fever.

sebasti...@hotmail.com
Sebastian T. Patti
770 S. Grand Avenue

Unit 3088

Los Angeles, CA 90017 
CELL: 773/304-7488

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From: cob...@googlegroups.com <cob...@googlegroups.com> on behalf of Susan Rosine <u5b2...@gmail.com>
Sent: Sunday, March 29, 2020 11:45 AM
To: Colorado Birds <cob...@googlegroups.com>
Subject: Re: [cobirds] Interpretation of state-wide Public Health Order

 

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[SeEttaM .]

Directly from Govenor 

SeEtta Moss 

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[SeEttaM .]

Aarg

SeEtta Moss 

Canon City 

[Marie Hoerner]

Hello everyone,

I rarely post, and I am sorry to do so by getting involved in such a discussion.  

The public health order states:

"All travel, including, but not limited to, travel by automobile or public transit, except Necessary Travel is prohibited."

"Necessary Travel.  For purposes of this order, travel is Necessary for any of the following purposes: (1) providing or accessing Necessary Activities, Minimum Basic Operations, Critical Government Functions, and Critical Businesses; (2) receiving materials for distance learning, for receiving meals, and any other related services from educational institutions; (3) returning to a place of Residence from outside the jurisdiction; (4) travel required by law enforcement or court order; (5) non-residents returning to their place of Residence."

Now, I'm not a lawyer, but there is enough vagueness in the inclusion of outdoor exercise as a "Necessary Activity" that I'm sure you could get a good lawyer to argue that traveling across the state to go bird-watching was within the letter of the law.  Please stop thinking about the letter of the law for a moment.  We all know that it is not necessary to go all the way across the state to "exercise" when a local trail would work just as well.  As birders, we strongly discourage people from intentionally disturbing, flushing, or otherwise harassing birds, even though there is no law explicitly prohibiting it in most places.  As a community, we are accustomed to placing the welfare of the birds above our personal desire to add another bird to our life/state/county/year list, or to get a better photo, or whatever.  Now, please, place the welfare of other people above those personal interests as well.  Personally, I had plans for this week to visit King Ranch for hopeful Ferruginous Pygmy-Owls and Tropical Parulas, and High Island for their famous warbler migration- all the while spending time with my brother, sisters, parents, and best of all my young nieces and nephew.  The disappointment has been quite intense this week from instead being stuck in my small apartment with just my local trails for early morning walks and spending the rest of the day working on moving my courses online, even though I am personally in the lowest-risk category for COVID-19.  However, every time you go out and especially when you travel outside your neighborhood, you literally risk killing someone else, if not yourself.  You also become part of the group that is making this whole pandemic last longer for everyone.  Is it really worth it?

Marie Hoerner, Colorado Springs, El Paso County

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[Joe Roller]

As we patiently hang out in our homes, Dreamin' of California, let us DISREGARD

this advice from 1965. It seemed like a good idea at the time, but now...not so much.

GO WHERE YOU WANNA GO!   The Mamas and the Papas

(You can find the catchy song on You Tube).

Joe Roller, Denver

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[Alison Kondler]

Just heard from Roxborough State Park on this subject. All state parks are deemed essential, that is why they are still open. I would guess this goes for open space parks as well. Stay well everyone!

[Allison Hilf]

Interesting because Cherry Creek SP told me the park is only "essential" if it is in your neighborhood. 

On Sun, Mar 29, 2020 at 1:56 PM Alison Kondler <birdt...@gmail.com> wrote:

Just heard from Roxborough State Park on this subject. All state parks are deemed essential, that is why they are still open. I would guess this goes for open space parks as well. Stay well everyone!

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[Jean Stevenson]

I think that is the way it is supposed to be.  Too bad some birders are so obsessive.  Jean

 

 

 

From: Allison Hilf
Sent: Sunday, March 29, 2020 2:42 PM
To: birdt...@gmail.com
Cc: Colorado Birds
Subject: Re: [cobirds] Interpretation of state-wide Public Health Order

 

Interesting because Cherry Creek SP told me the park is only "essential" if it is in your neighborhood. 

 

 

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[Jean Stevenson]

I think that is the way it is supposed to be.  Too bad some birders are so obsessive.  Jean

 

 

 

From: Allison Hilf
Sent: Sunday, March 29, 2020 2:42 PM
To: birdt...@gmail.com
Cc: Colorado Birds
Subject: Re: [cobirds] Interpretation of state-wide Public Health Order

 

Interesting because Cherry Creek SP told me the park is only "essential" if it is in your neighborhood. 

 

 

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[Allison Hilf]

Susan and others, 

If it makes you feel any better/worse I'm a retired Attorney.   The law is clear, recreational activities are permitted in your neighborhood and region.   The legal definition of REGION within a State is generally considered a County or City, if otherwise not defined.   Given the State is dividing COVID-19 data available to public via COUNTY, I would say region means at furthest the COUNTY which you live in.   

A precise definition should not be required.  People are supposed to be on the road to purchase food, medications, get medical help, assist others whom they care for, etc.  IF the seriousness of the above restrictions doesn't imply stay off the road as much as possible to birders, I don't get it.    

Allison Hilf

Aurora, CO

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[Matt Newport]

Allison,

Thank you.

As a healthcare worker and someone at high risk should I contract the virus, I implore all birders to not be traveling around the state birding. 

NOW IS NOT THE TIME. 

I have been watching this post all day, seeing people posting on social media behaving and not behaving the restrictions across the country. Towns across the nation are asking visitors to not come play in their communities, states are asking if coming from other states to self quarantine, the list goes on. It scares me to my core to think that my hospital here in Denver could face the same as those in states already hit extremely hard, if we ALL do not play our parts to stop the spread. Emergency room doctors and nurses are being exposed unknowingly to trauma patients whom have the virus. REMEMBER that you can have the virus, be asymptomatic, and spread it to anyone. REMBERER, if you are asymptomatic with the virus, decide to go look for a rare bird outside your city, you get in a car crash and expose the frontline providers in the ER in another town or rural community you have defeated the entire purpose of shelter in place. STAY HOME!! Bird you neighborhood parks, your yard, etc...

Colorado is being spared a huge outbreak so far, but lets all do our part to keep it that way.

Given the discussion here today and the desire for people to obviously try justifying their chasing...I would call for a no posting of the rare bird report for the next few weeks to stop the temptation.

Matt Newport

Aurora, CO

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[maca...@aol.com]

Hear hear Matt! Well said. Coloradans don't need to go any deeper into this epidemic. Only YOU (and me and each and every one of us) can prevent and flatten this exponentially spreading fire. Just stay home.

Marty Wolf

NW CO Spgs

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[Susan Rosine]

Thanks again everyone! I'm sticking to my "region" which I define as Adams and Weld counties, since my town is in both counties. But I'm not getting crazy and going to all corners of each county.

Also, I'm just birding by car. And I have tons of hand sanitizer in my car, just in case.

Has anyone who drives back country roads noticed a HUGE increase in trash? Most of it seems to be beer bottles and cans. Drives my crazy.

Susan Rosine
Brighton

[George Miller]

Neither Polis’ Executive Order D2020 017 (https://tinyurl.com/uremtjh) nor supporting Order 20-24 (https://tinyurl.com/r7sq4yy ) from the Executive Director of the CDPHE contains any language restricting travel to your city or county.

Nonetheless, let common sense prevail.

George Miller

Nathrop, CO

[Cyndy Johnson]

Thank you Matt and Allison.

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From: "Matt Newport" <mnew...@gmail.com>
To: allis...@gmail.com
Cc: sebasti...@hotmail.com, "cobirds" <cob...@googlegroups.com>, u5b2...@gmail.com
Sent: Sunday, March 29, 2020 7:48:09 PM
Subject: Re: [cobirds] Interpretation of state-wide Public Health Order (NO SIGHTINGS)

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[Lori Pivonka]

Sadly, “common sense” isn’t so common anymore.  :(

Stay safe. Keep others safe. Be well.

Lori

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[Lisa Carp]

 One thing I have found is it can be frustrating trying to get people to understand rules.

Everyone has all the data now & ppl will 

do what they want to do which is their choice (& I’m not just talking about birding.)

To me this article shows what is really sad. Our son’s gf’s field research on Savannah Sparrows at U of Winnipeg has been suspended. Our sons summer job in Barrow, AL is very iffy now. Any research near the ANWR now may all be on hold & all that research is to help set policy for drilling for when the time come. I may not have that exactly right but you get the idea. 

Anyway this makes me upset, not so much someone birding in another county. 

Keep all these grad students, young field researchers in mind. What will happen to their careers?

Lisa Carp

Ps Sorry if you get this twice. Operator error!

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