H. Res. 955 (116th Congress) — Governors and local officials across the Nation have abused their authority
Summary
H. Res. 955 is a resolution submitted in the House of Representatives on May 8, 2020 by Mr. Biggs. It expresses the sense of the House 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. A preamble states that more than 33 million Americans have lost their jobs and filed for unemployment over the last 7 weeks. The resolution calls on Attorney General William Barr to review all restricting orders issued by State and local leaders and calls upon States to restore the liberty and responsibility that every American inherently possesses.
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- Bills Bills 116Hres955Ih Bills 116Hres955Ih
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- Bills Bills 116Hres955Ih Bills 116Hres955Ih
Cite this document
“H. Res. 955 (116th Congress) — Governors and local officials across the Nation have abused their authority.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hres955ih-bills-116hres955ih/
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IV
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 viola-
tions.
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. GOH-
MERT) submitted the following resolution; which was referred to the Com-
mittee 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 author-
ity by infringing on the constitutional rights of Ameri-
cans, ordering private businesses to close, requiring citi-
zens 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
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authority by infringing on the constitutional rights of all
Americans, ordering private businesses to close, requiring
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citizens to stay in their homes, and imposing draconian
punishments for violations;
Whereas these officials picked winners and losers using sub-
jective rationale to determine which businesses and activi-
ties are essential to the public and prohibiting the pur-
chase of products they do not believe to be life sus-
taining;
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 domes-
tic violence have dramatically increased during the shut-
down;
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 peo-
ple and imposing heavy-handed punishments on individ-
uals trying to provide for their families;
Whereas, on March 22, 2020, Dallas County, Texas, ordered
hair salons, nail salons, barbershops, and other busi-
nesses determined to be nonessential to indefinitely close;
Whereas Shelley Luther, owner of Salon À la Mode in Dallas,
Texas, followed the order and closed her business, but,
after unsuccessfully applying for Small Business Admin-
istration loans and unemployment insurance, decided it
was essential to the well-being of her family and her em-
ployees to reopen on April 24, 2020;
Whereas the salon employed security guards to manage in-
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coming and outgoing customers, set service stations six
feet apart, requested customers remain in their car until
their appointments, required everyone to wear a
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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 À la Mode to shut down;
Whereas, on April 28, 2020, Dallas County Judge Eric Moyé
issued a temporary restraining order after Salon À la
Mode remained open;
Whereas, on May 5, 2020, Judge Eric Moyé ruled that Shel-
ley Luther defied county and State orders by reopening
Salon À la Mode and held her in criminal and civil con-
tempt;
Whereas Judge Moyé called Shelley Luther’s actions selfish
and attempted to coerce her into shutting down Salon À
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 Moyé’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 im-
portant than kids being fed, then please go ahead with
your decision. But I’m not going to shut the salon.’’;
Whereas Judge Moyé 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
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released about 1,000 prison inmates back into the com-
munity to help reduce the risk of transmission of
COVID–19 inside its facilities;
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Whereas Texas Attorney General Ken Paxton called out the
hypocrisy and outrageousness of Judge Moyé’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 lib-
erties being violated since States began imposing stay-at-
home orders;
Whereas the Governor of Michigan prohibited large, open re-
tailers 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 De-
partment 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 Green-
ville, 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 res-
taurants were simultaneously allowed to serve food to
customers;
Whereas Rick Savage, owner of Sunday River Brewing Com-
pany in Bethel, Maine, was stripped of his State health
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and liquor licenses for opening his restaurant on May 1,
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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 Sac-
ramento, California, for exercising their First Amend-
ment 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
1 Resolved, That the House of Representatives—
2 (1) finds that many of the orders issued by
3 State and local officials infringe on the constitu-
4 tional rights of Americans and impose economic re-
5 strictions based on subjective views of which busi-
6 nesses and activities are essential and which are not;
7 (2) finds that States and localities should not
8 make criminals out of individuals attempting to save
9 their business and support their families and em-
10 ployees by operating an otherwise legal business and
11 following recommended social distancing practices;
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1 (3) condemns the decisions of State and local
2 leaders to become the referee of the economy by
3 picking winners and losers;
4 (4) calls on Attorney General William Barr to
5 review all restricting orders issued by State and local
6 leaders and to act against those that infringe on
7 Americans’ constitutional or statutory protections;
8 and
9 (5) calls upon States to restore the liberty and
10 responsibility that every American inherently pos-
11 sesses.
Æ
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