Post-Trump rallies, Sisolak to review Nevada’s capacity cap

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Steve Marcus

Supporters of President Donald Trump pack a warehouse during an indoor rally at Xtreme Manufacturing in Henderson Sunday, Sept. 13, 2020.

Wed, Sep 16, 2020 (1:31 p.m.)

CARSON CITY — Gov. Steve Sisolak said today that state officials will review coronavirus directives including the 50-person cap on public gatherings and the 50% capacity limit at businesses including casinos.

The purpose, Sisolak said, will be “to see how we can make adjustments that are Nevada-specific and tailored for the economic and social activities in our state." He said the outcome of the review could affect everything from church gatherings to business meetings.

The announcement arrives after critics of the first-term Democrat capitalized on perceived discrepancies between the directives. After thousands attended rallies for President Donald Trump in Minden and Henderson over the weekend in defiance of the Sisolak's directives, detractors complained about how casinos and restaurants could welcome more than 50 people, while the president theoretically could not at his rallies.

While the Gaming Control Board has implemented practices to ensure compliance with distancing and face covering requirements, no state agency regulates outdoor activity, Sisolak said.

He said “50% capacity is a totally different thing;" when it comes to casinos. "They're not in one area.”

A review of the 50-person cap could affect the ongoing battle between the state and Cavalry Chapel in Dayton, which has challenged the directive in court, claiming it infringes upon its religious freedom, particularly when casinos are allowed to open. After the U.S. Supreme Court upheld Sisolak's emergency directives in in July, the church refiled briefs in the 9th Circuit Court of Appeals in September.

Sisolak also said he has yet to decide whether the state will attempt to claw back the $8.9 million of coronavirus relief disbursed to Douglas County on the condition that they adhere to state directives.

“They got an allocation in the state, including signing an agreement to follow all directives,” Sisolak said.

In order to receive the funds, county officials signed an eligibility certification document pledging adherence to directives. Douglas County spokeswoman Melissa Blosser told the Record-Courier that county officials approved the rally after weighing state directives versus the First Amendment.

Nevada reported 208 new confirmed coronavirus cases and 12 deaths on Wednesday, bringing the statewide totals to 74,248 cases and 1,494 deaths. The downward trend in new cases and fatalities prompted New York, New Jersey and Connecticut to remove Nevada from their travel restrictions, which required residents to quarantine 14 days to visit the state.

“We have learned over the course of the past six months, that we cannot let our guard down," Sisolak said.

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Sam Metz is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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