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Alabama House passes bill that would block the government from picking and choosing which establishments close during states of emergency

MONTGOMERY – The Alabama House of Representatives passed a bill on Tuesday that would prevent the state government from designating which types of businesses were allowed to stay open in situations such as the one experienced during the advent of the coronavirus pandemic in the spring of 2020.

Sponsored by Rep. Jamie Kiel (R-Russellville), HB103 would not infringe on the governor or state health officer’s ability to implement public health guidance. It would only say that any business or house of worship that followed public health guidelines would be allowed to open.

“I think if it is safe enough to go to the liquor store and wear a mask and socially distance, then it is safe enough to go to church and wear a mask and socially distance,” argued Kiel on the House floor.

The vote on the floor was 75 in favor and 22 opposed with three members abstaining.

The bill applies to declared states of emergency that involve a “pandemic, epidemic, bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious disease or biological toxin,” per the text of the legislation.

In explaining what inspired him to author the legislation, Kiel said of last spring, “I saw businesses in my town that were suffering,” adding that some small business owners he knew were “scared to death they were going to lose their livelihoods.”

Governor Ivey’s “Stay At Home” order, in place for most of April 2020, allowed major retailers like Walmart to remain open while smaller retail stores that did not sell groceries were forced to close.

Kiel feels that this arrangement was unfair, and that small shops and establishments deserved the chance to stay open if able to implement the health guidelines. Ivey has expressed regret in recent months about creating the distinction between “essential” and “non-essential” businesses.

“[W]hat we were really doing is were we driving all the customers that would have been in all these other stores — in the small mom-and-pops, the Hibbetts of the world — we were driving all those to one central location to buy clothing. That cannot be good for the spread of the pandemic — to bring everybody together in one location or a few locations,” Kiel told FM Talk 106.5’s “The Jeff Poor Show.”

The National Federation of Independent Businesses (NFIB) is strongly supporting the passage of the legislation.

Kiel’s bill now heads to the Senate for further consideration.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: [email protected] or on Twitter @HenryThornton95.

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