Image Credit: TN General Assembly & Canva
The Tennessee Conservative [By Paula Gomes] –
A pair of conservative lawmakers seek to prevent government overreach in Tennessee during future emergencies.
To that end, Representative Monty Fritts (R-Kingston-District 32) has filed House Bill 0562 (HB0562) with Senator Janice Bowling sponsoring the corresponding legislation, Senate Bill 1048 (SB1048).
The bill would ensure that any Tennessean with an occupation or means of livelihood that is not specifically deemed to be unlawful in the state could not be categorized as “non-essential” during future state emergencies as they were during the pandemic in 2020.
According to the bill, during a state of emergency, “a political subdivision or a public official shall not prohibit the operation of or engagement in a lawful occupation by categorizing a lawful occupation as non-essential in an order, rule, or regulation.”
Governor Bill Lee signed Executive Order No. 22 on March 30th, 2020, ordering all non-essential businesses to close and urging people to stay at home.
“Essential” businesses were permitted to remain open while following health guidelines while “non-essential” businesses were only allowed to provide some services such as delivery and online orders.
The Executive Order classified medical professionals, some government personnel, and personnel related to infrastructure as essential workers, along with other occupations.
Personal care businesses such as hair and nail salons, or entertainment venues were deemed non-essential.
The Tennessee General Assembly reacted to Lee’s overreach in 2021 by passing legislation that protects an individual’s right to work and the necessity of all jobs as they relate to the state’s economy.
The 2021 legislation prohibits governmental entities, including the governor, from creating categories of essential and non-essential businesses, trades, professions or industries by executive order, ordinance, or resolution for the purpose of requiring them to remain in operation or cease operation.
HB0562/SB1048 adds to this statute by allowing Tennesseans to bring civil action for damages against any political subdivision or public official who violates the law in the future, with a court awarding the plaintiff litigation costs and fees, including attorneys’ fees, should they prevail.
A public official committing a violation would risk being sued personally.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
