VITAL POLICY – Ogles Successfully Sponsors Legislation to Protect Small Business in Tennessee, Eliminating Discrimination by Local Governments

Published by Editor on June 3, 2021.
Published under Vital Policy

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Tennessee saw more than 1200 small businesses close permanently in 2020, due primarily to forced closures from Covid-19 restrictions, this according to For All Tennessee, a public interest non-profit organization that lobbies for economic freedom, personal liberty, and the constitutional treatment of citizens.

In response to mass business closures and the discriminatory labeling of certain businesses as essential or non-essential by state and local government, Representative Brandon Ogles (R-Franklin) introduced House Bill 37, which has been approved as amended by both chambers of the Tennessee Legislature and is headed to the Governor’s desk for signature. Companion legislation, sponsored by Senator Paul Bailey (R-Sparta), was successful in the senate. Critics of forced business closures point to the fact that small businesses are disproportionately targeted by government. The bill as approved will prevent local municipal or county mayors, city councils, and county legislative bodies from labeling businesses as essential or non-essential relative to forced closures.

An amendment added late in the legislative process preserves a code section under Title 58 giving the governor presumed power to force business closures by executive order in emergency situations, a provision of law that alarms constitutional experts.

In a statement issued for this article,

“For All Tennessee is proud to have worked HB37 and we are excited to see that it will become law. Originally, we hoped to prevent all executive offices from being able to label businesses as essential or nonessential, but the governor’s office asked the sponsor to amend the bill. As it stands, this bill prevents cities and counties from doing it, which is still a big step in the right direction and will protect small businesses from being arbitrarily shutdown during emergencies.”

Justin Cornett, President and Board Chairman, For All Tennessee

For All Tennessee has been instrumental in successfully promoting legislation on civil asset forfeiture reform and other liberty related and constitutional issues.

Source: David Seal is a retired Jefferson County educator, as well as a recognized artist and local businessman. He has also served Jefferson County as a County Commissioner and is a lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level.