Equal Opportunity First Amendment Act

Bill: 116-hr-7875
Sponsor: full_name: Rep. Hern, Kevin [R-OK-1]
Introduced: 2020-07-30
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Civil actions and liability

Emergency planning and evacuation

First Amendment rights

State and local government operations
Latest action: action_date: 2020-07-30
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2020-07-30
action_desc: Introduced in House
text: <p><b>Equal Opportunity First Amendment Act</b></p> <p>This bill requires states and local governments to enforce orders limiting public gatherings under emergency declarations equally.</p> <p>Specifically, the bill (1) prohibits states and units of local government that issue orders that limit gatherings to a certain number of people pursuant to a national emergency or similar state emergency declaration from discriminating in the enforcement of such order, in the case of persons who are exercising a right protected under the First Amendment; and (2) authorizes a private right of action in U.S. district court by a person who is harmed by a violation of this provision.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 7875 IN THE HOUSE OF REPRESENTATIVES July 30, 2020 Mr. Kevin Hern of Oklahoma (for himself, Mr. Banks , Mr. Lamborn , Mr. Gibbs , Mr. Griffith , Mr. Flores , Mr. Budd , Mr. David P. Roe of Tennessee , Mr. Baird , Mr. Norman , Mr. Guest , Mr. Cline , Mr. Hice of Georgia , Mr. Allen , Mr. Bishop of North Carolina , Mr. Babin , Mr. Duncan , Mr. Steube , Mr. Gohmert , Mr. Meuser , Mr. Aderholt , Mr. Timmons , and Mr. Green of Tennessee ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require States and units of local governments to enforce stay-at-home orders equally, and for other purposes.

1. Short title This Act may be cited as the Equal Opportunity First Amendment Act . 2. Equal enforcement of stay-at-home orders In the case that a State or unit of local government issues an order that limits gatherings to a certain number of people pursuant to a national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) or a similar State emergency declaration, the State or unit of local government may not discriminate in the enforcement of such order, in the case of persons who are exercising a right protected under the First Amendment. 3. Private right of action A person who is harmed by a violation of section 2 may bring an action in the appropriate district court of the United States seeking relief.