HB 694 / SB 574

This legislation amends current law to prohibit any person, political subdivision, or public official from categorizing or proclaiming, through orders, rules, or regulations, that a lawful occupation is non-essential during a state emergency. It also bars the proclamation, through orders, rules, or regulations, that any lawful occupation is prohibited from operating solely based on its nature. Furthermore, it specifies that individuals harmed by such violations can pursue civil action to seek actual damages or declaratory relief.

Classifying certain individuals as essential while labeling others as non-essential infringes upon equal rights, suggesting that some are entitled to their rights while others are not. Rights should not be revoked during emergencies. The fundamental role of government is to safeguard individual rights, rather than strip them away.

“That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government…”

During the COVID-19 pandemic, both men and women found themselves labeled as non-essential, being instructed to shutter their businesses, thereby leaving many without the means to support their families.

In this tumultuous time, elected officials shifted from being representatives to acting more like rulers, dictating who could work to sustain their families and categorizing individuals as either essential or non-essential. This distinction is perilous, as it implies that some lives hold more value than others. Reflecting on a poignant scene from the film “Schindler’s List,” where an elderly man claims he is essential despite being unable to work like younger individuals, only to be tragically shot, underscores the dangers of such unequal classifications.

The right to work and provide for oneself and one’s family is inherent, and bestowed upon us by a higher authority. It is a fundamental aspect of our God-given dominion, which cannot be upheld if we are arbitrarily barred from working.

This bill prohibits mayors, governors, and other officials from deeming individuals non-essential based solely on their occupation. Furthermore, this legislation empowers individuals with the right to take civil action against any official who infringes upon this right.