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 
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 A` 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-
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 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 Shel-
ley Luther defied county and State orders by reopening 
Salon A` la Mode and held her in criminal and civil con-
tempt; 
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 im-
portant 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 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 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 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 
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 
Resolved, That the House of Representatives— 
(1) finds that many of the orders issued by 
State and local officials infringe on the constitu-
tional rights of Americans and impose economic re-
strictions based on subjective views of which busi-
nesses and activities are essential and which are not; 
(2) finds that States and localities should not 
make criminals out of individuals attempting to save 
their business and support their families and em-
ployees by operating an otherwise legal business and 
following recommended social distancing practices; 
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(3) condemns the decisions of State and local 
leaders to become the referee of the economy by 
picking winners and losers; 
(4) calls on Attorney General William Barr to 
review all restricting orders issued by State and local 
leaders and to act against those that infringe on 
Americans’ constitutional or statutory protections; 
and 
(5) calls upon States to restore the liberty and 
responsibility that every American inherently pos-
sesses. 
Æ 
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