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 violations. 

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. GOHMERT) submitted the following resolution; which was referred to the Committee 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 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. 

Whereas 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 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 subjective rationale to determine which businesses and activities are essential to the public and prohibiting the purchase of products they do not believe to be life sustaining; 

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 domestic violence have dramatically increased during the shutdown; 

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 people and imposing heavy-handed punishments on individuals trying to provide for their families; 

Whereas, on March 22, 2020, Dallas County, Texas, ordered 

hair salons, nail salons, barbershops, and other businesses determined to be nonessential to indefinitely close; 

Whereas Shelley Luther, owner of Salon A` la Mode in Dallas, 

Texas, followed the order and closed her business, but, 

after unsuccessfully applying for Small Business Administration loans and unemployment insurance, decided it 

was essential to the well-being of her family and her employees to reopen on April 24, 2020; 

Whereas the salon employed security guards to manage incoming 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 A` la Mode to shut down; 

Whereas, on April 28, 2020, Dallas County Judge Eric Moye ́

issued a temporary restraining order after Salon A` la 

Mode remained open; 

Whereas, on May 5, 2020, Judge Eric Moye ́ ruled that Shelley Luther defied county and State orders by reopening 

Salon A` la Mode and held her in criminal and civil contempt; 

Whereas Judge Moye ́ called Shelley Luther’s actions selfish 

and attempted to coerce her into shutting down Salon A`

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 Moye ́’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 important than kids being fed, then please go ahead with 

your decision. But I’m not going to shut the salon.’’; 

Whereas Judge Moye ́ 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 

released about 1,000 prison inmates back into the community 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 Moye ́’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 liberties being violated since States began imposing stay-athome orders; 

Whereas the Governor of Michigan prohibited large, open retailers 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 Department 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 Greenville, Mississippi, was cited by police for holding a drivein 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 restaurants were simultaneously allowed to serve food to 

customers; 

Whereas Rick Savage, owner of Sunday River Brewing Company in Bethel, Maine, was stripped of his State health 

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 Sacramento, California, for exercising their First Amendment 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 constitu4 tional rights of Americans and impose economic re5 strictions based on subjective views of which busi6 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 em10 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 pos11 sesses. 

Æ 


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