Louisiana House Bill HCR51

Louisiana 2020 Regular Session

• Introduced: 5/4/20
• Refer: 5/7/20

Caption

Requests the study of the designation of a business as non-essential

Impact

The study mandated by HCR51 could lead to important legal implications surrounding the powers of the state to enforce business closures based on public health emergencies. If the findings indicate that such executive orders may violate constitutional rights, this could prompt changes in how future emergencies are managed regarding business operations and individual liberties. Moreover, the resolution highlights concerns about the balance between public health safety and economic sustainability, suggesting a critical dialogue on governance during crises.

Summary

HCR51 is a House Concurrent Resolution from the Louisiana Legislature, which requests the Louisiana Law Institute to study the constitutionality of executive orders that mandate the closure of businesses designated as non-essential. The resolution arose in the context of measures taken during the COVID-19 pandemic, where certain businesses were forced to halt operations, significantly affecting their revenue and the local economy. The resolution emphasizes the need for legislative scrutiny regarding the unilateral designation of essential versus non-essential businesses by state authorities.

Sentiment

Overall, the sentiment surrounding HCR51 reflects a growing frustration with perceived overreach in governmental powers during the pandemic. Supporters of the resolution view it as essential for protecting the rights of business owners and ensuring that closures are justified and legally sound. Meanwhile, those critical of the closures often advocate for an approach that carefully considers both public health imperatives and the economic ramifications of government mandates.

Contention

Notably, HCR51 raises contentious issues regarding the role of state government in regulating businesses during emergencies, specifically the legality of determining what constitutes an essential business. During legislative discussions, there may have been heated debates between those advocating for public health measures and those emphasizing the economic consequences of closing businesses. The resolution calls for a formal study and report that could influence future legislation and emergency response protocols.