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Citations related to President Trump’s Minden rally dismissed

President Trump Rally in Minden, NV
President Trump Rally in Minden, NV(KOLO-TV)
Published: Oct. 26, 2020 at 12:29 PM PDT|Updated: Dec. 16, 2020 at 4:32 PM PST
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RENO, Nev. (KOLO) - UPDATE, DEC. 16: The State of Nevada Occupational Safety and Health Administration (Nevada OSHA) has agreed to dismiss the two citations they issued following President Donald Trump’s outdoor campaign rally at the Minden-Tahoe Airport on September 12, 2020.

The citations, which were issued on October 23, were categorized by Nevada OSHA as serious violations. Douglas County and ABS Aviation both formally contested the citations. The dismissals will be formalized in settlement agreements, and no formal complaints will be filed before the Nevada OSHA Board of Review.

Arguments regarding selective enforcement, lack of evidentiary proof, and several legal issues related to the First Amendment formed the basis for the District Attorney’s argument for dismissal.

ORIGINAL STORY: Nevada’s Occupational Safety and Health Administration (OSHA) has issued two citations, totaling more than $5,500 for non-compliance of COVID-19 regulations against Douglas County and ABS Aviation, Inc.

The date of the citations was September 12, 2020, the same day President Donald Trump held a campaign rally at the Minden-Tahoe Airport, and had a crowd exceeding the 50-person cap put in place by Governor Steve Sisolak.

According to a press release:

The citations were issued after an investigation was initiated as a result of a complaint or referral filed with Nevada OSHA alleging noncompliance with the requirement to submit a Preparedness and Safety Plan to the Division of Industrial Relations for approval prior to the event. Each of the citations issued below occurred while Declaration of Emergency Directive 021 was in effect, which limited gatherings to no more than 50 people and required submission and approval of a plan for live events to the Department of Business and Industry, Division of Industrial Relations.

Declaration of Emergency Directive 033, which supersedes Directive 021, requires events occurring after October 1 with attendance exceeding 250 to submit a Preparedness and Safety Plan approved by the local health district to the Division for review prior to the event.

The citations were issued as follows:

Douglas County

1146 Airport Road, Minden, NV 89423

Penalty: $ 2,950

Violation Summary: Public attendance to a live event was held without the submission of a safety plan for approval by the Division of Industrial Relations

ABS Aviation, Inc.

1146 Airport Road, Minden, NV 89423

Penalty: $ 2,603

Violation Summary: Public attendance to a live event was held without the submission of a safety plan for approval by the Division of Industrial Relations

A third citation, below, was issued for a racing event on September 19, 2020 in Fernley.

95 Motorsports Complex, LLC

1965 South Hwy 95A, Fernley, NV 89408

Penalty: $2,603

Violation Summary: Public attendance to a live event was held without the submission of a safety plan for approval by the Division of Industrial Relations

Since mid-March, Nevada OSHA reports it has issued a total of 175 notices of citation and penalty related to violations of required COVID-19 health and safety measures in effect.

According to a press release, cities with lower than average compliance last week include:

  • Las Vegas, 15 of 54 businesses were noncompliant- 72 percent compliance
  • Eureka, 9 of 15 businesses were noncompliant- 40 percent compliance

Industries with average or lower than average compliance last week include:

  • Government- 60 percent compliance
  • Convenience Store- 60 percent compliance
  • Grocery Store- 67 percent compliance
  • Hotels- 80 percent compliance
  • Restaurant- 82 percent compliance
  • Construction- 88 percent compliance

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