City Council on Friday backed off citation enforcement of the state’s coronavirus closure order for non-essential businesses, instructing police and code officers merely to warn business violators, deferring to the state for imposition of penalties.

Council took the action at a special meeting requested by Councilman Dave Butterbaugh following two city citations against a gym that opened recently in defiance of the state’s shutdown order, so that the city could “uphold (the state’s COVID-19 mitigation) guidelines, but not penalize faithful city businesses,” Butterbaugh said.

Council does not intend the action to be an encouragement for businesses to violate the COVID-19 restrictions, members said — with Councilman Joe Carper especially emphatic on that point, citing his daughter’s vulnerability to the virus following an illness in February that compromised her lungs.

The city’s action doesn’t violate the governor’s order, because the order’s municipal guidance is vague, allowing for warnings as part of progressive enforcement, and because the city is not trying to prevent further state enforcement, which can come through suspension of professional licenses or state police citations, solicitor Dan Stants said.

“We’ll warn, but we can’t promise the state won’t fine” violators, Mayor Matt Pacifico said.

Violators also may risk the loss of insurance liability protection by defying the state’s shutdown order, protection they might need “if something were to happen,” Pacifico said.

The resolution passed 6-0, with Councilwoman Christie Jordan absent.

Jordan, however, sent an email after the meeting that expressed sympathy for businesses, based on her former ownership of one, but also her fear of the virus.

“I am someone who has been classified as having chronic asthma and an auto­immune disorder, (and) my life is in jeopardy every day as COVID-19 threatens the safety of our community,” Jordan wrote. “We as a community have to be mindful of (people’s) lives as we move forward into yellow, by obeying the ordinances and guidelines set by our government and the CDC.”

A resident who participated in the virtual meeting had a contrasting outlook.

Enforcement with citations is “no better than the Nazis following orders,” said Thomas Gerlach.

A business owner who participated was appreciative.

“Thank you for clarifying,” said Jen Hrivnak, representing three recently opened downtown businesses.

Restaurants operate on slim profit margins, and closure has been difficult, Hrivnak said.

“We’re looking forward to getting moving,” as the city goes to yellow (with more relaxed rules) next week and eventually to green, Hrivnak said.

Councilman Carper found it hard to talk when he brought his 2-year-old daughter, Charlotte, within range of the camera, then explained how she gets breathing treatments twice a day and how he and his wife are living with “overwhelming caution.”

“Coronavirus is a very real threat to Charlotte and our family,” he said, asking anyone listening not to be cautious because of the law, but to protect people like his daughter.

Mirror Staff Writer William Kibler is at 949-7038.