[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 955 Introduced in House (IH)]

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116th CONGRESS
  2d Session
H. RES. 955

 Expressing the sense of the House of Representatives that in response 
  to the COVID-19 outbreak, Governors and local officials across the 
Nation have abused their authority by infringing on the constitutional 
 rights of Americans, ordering private businesses to close, requiring 
citizens to stay in their homes, and imposing draconian punishments for 
                              violations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2020

  Mr. Biggs (for himself, Mr. Crawford, Mr. LaMalfa, Mr. Wright, Mr. 
 Harris, Mr. Perry, Mr. Hice of Georgia, Mrs. Lesko, and Mr. Gohmert) 
submitted the following resolution; which was referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that in response 
  to the COVID-19 outbreak, Governors and local officials across the 
Nation have abused their authority by infringing on the constitutional 
 rights of Americans, ordering private businesses to close, requiring 
citizens to stay in their homes, and imposing draconian punishments for 
                              violations.

Whereas in response to the COVID-19 outbreak, Governors and local officials 
        across the Nation have abused their authority by infringing on the 
        constitutional rights of all Americans, ordering private businesses to 
        close, requiring citizens to stay in their homes, and imposing draconian 
        punishments for violations;
Whereas these officials picked winners and losers using subjective rationale to 
        determine which businesses and activities are essential to the public 
        and prohibiting the purchase of products they do not believe to be life 
        sustaining;
Whereas more than 33 million Americans have lost their jobs and filed for 
        unemployment over the last 7 weeks;
Whereas demand for assistance from food banks, reports of suicide, drug and 
        alcohol abuse, child abuse, and domestic violence have dramatically 
        increased during the shutdown;
Whereas Americans across the country are calling on leaders to provide relief 
        through reopening the economy;
Whereas many leaders are rebuffing the demands of the people and imposing heavy-
        handed punishments on individuals trying to provide for their families;
Whereas, on March 22, 2020, Dallas County, Texas, ordered hair salons, nail 
        salons, barbershops, and other businesses determined to be nonessential 
        to indefinitely close;
Whereas Shelley Luther, owner of Salon A la Mode in Dallas, Texas, followed the 
        order and closed her business, but, after unsuccessfully applying for 
        Small Business Administration loans and unemployment insurance, decided 
        it was essential to the well-being of her family and her employees to 
        reopen on April 24, 2020;
Whereas the salon employed security guards to manage incoming and outgoing 
        customers, set service stations six feet apart, requested customers 
        remain in their car until their appointments, required everyone to wear 
        a facemask, required stylists to change gloves after each customer, and 
        took the temperatures of customers;
Whereas, on April 24, 2020, only a few hours after opening, Shelley Luther 
        received a citation and cease and desist letter ordering Salon A la Mode 
        to shut down;
Whereas, on April 28, 2020, Dallas County Judge Eric Moye issued a temporary 
        restraining order after Salon A la Mode remained open;
Whereas, on May 5, 2020, Judge Eric Moye ruled that Shelley Luther defied county 
        and State orders by reopening Salon A la Mode and held her in criminal 
        and civil contempt;
Whereas Judge Moye called Shelley Luther's actions selfish and attempted to 
        coerce her into shutting down Salon A la Mode from May 5 to May 8 by 
        assessing a $500 fine for each day of operation in violation of the 
        State order, rather than imposing jail time;
Whereas Shelley Luther rebuked Judge Moye's offer, stating, ``I have to disagree 
        with you, sir, when you say that I am selfish because feeding my kids is 
        not selfish. I have hair stylists that are going hungry because they'd 
        rather feed their kids. So sir, if you think the law is more important 
        than kids being fed, then please go ahead with your decision. But I'm 
        not going to shut the salon.'';
Whereas Judge Moye subsequently ordered Shelley Luther to both pay the $500 
        daily fines and imposed seven days of jail time;
Whereas prior to Shelley Luther's sentence, Dallas County released about 1,000 
        prison inmates back into the community to help reduce the risk of 
        transmission of COVID-19 inside its facilities;
Whereas Texas Attorney General Ken Paxton called out the hypocrisy and 
        outrageousness of Judge Moye's ruling in a letter to the judge, stating, 
        ``I find it outrageous and out of touch that during this national 
        pandemic, a judge, in a county that actually released hardened criminals 
        for fear of contracting COVID-19, would jail a mother for operating her 
        hair salon in an attempt to put food on her family's table.'';
Whereas there are numerous reports of Americans' civil liberties being violated 
        since States began imposing stay-at-home orders;
Whereas the Governor of Michigan prohibited large, open retailers from selling 
        gardening supplies, which would allow Americans to safely grow their own 
        food at home, saying, ``If you're not buying food or medicine or other 
        essential items, you should not be going to the store.'';
Whereas, on April 2, 2020, Los Angeles County Sheriff's Department arrested a 
        man for paddle boarding alone in Malibu, California, and he faces a fine 
        of $1,000 or six months in jail;
Whereas, on April 8, 2020, Temple Baptist Church in Greenville, Mississippi, was 
        cited by police for holding a drive-in worship service at which church 
        members remained in their cars with their windows rolled up and listened 
        to their pastor over the radio, while nearby drive-in restaurants were 
        simultaneously allowed to serve food to customers;
Whereas Rick Savage, owner of Sunday River Brewing Company in Bethel, Maine, was 
        stripped of his State health and liquor licenses for opening his 
        restaurant on May 1, 2020, the date Maine's initial restrictions were 
        scheduled to end, despite implementing social distancing practices;
Whereas, on May 1, 2020, 32 people were arrested in Sacramento, California, for 
        exercising their First Amendment right to protest stay-at-home 
        restrictions;
Whereas even as some States begin easing restrictions, some Governors are 
        placing strict limitations on group size until a vaccine or effective 
        treatment is widely available, including limiting churches from hosting 
        gatherings for more than 50 people; and
Whereas the United States of America was founded on the ideal that all Americans 
        ``are endowed by their Creator with certain unalienable Rights, that 
        among these are Life, Liberty, and the Pursuit of Happiness'': Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) finds that many of the orders issued by State and local 
        officials infringe on the constitutional rights of Americans 
        and impose economic restrictions based on subjective views of 
        which businesses and activities are essential and which are 
        not;
            (2) finds that States and localities should not make 
        criminals out of individuals attempting to save their business 
        and support their families and employees by operating an 
        otherwise legal business and following recommended social 
        distancing practices;
            (3) condemns the decisions of State and local leaders to 
        become the referee of the economy by picking winners and 
        losers;
            (4) calls on Attorney General William Barr to review all 
        restricting orders issued by State and local leaders and to act 
        against those that infringe on Americans' constitutional or 
        statutory protections; and
            (5) calls upon States to restore the liberty and 
        responsibility that every American inherently possesses.
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