Bill allowing businesses to ‘pick and choose’ COVID-19 guidelines passes
Businesses in Tennessee would be able to decide whether to follow health guidelines issued by either state or local authorities during a pandemic under legislation approved by House lawmakers on Monday.
Businesses would still be required to follow public health guidelines. But under the bill, titled “Business Fairness Act,” they could decide whether to adhere to less stringent state guidelines over ones put in place by local authorities.
The legislation cleared House on a 90-0 vote and the Senate 28-0 last week and is expected to arrive on Gov. Bill Lee’s desk.
Sen. Bill Powers, Rclarksville, said in an interview the bill protects small businesses that suffered economic loss due to mandated closures during the pandemic. Under the bill, businesses could choose to comply with any executive orders, rules or guidelines issued by the governor, state agencies or local authorities to curb the spread of a health crisis.
As case numbers climbed in spring 2020, Lee temporarily closed nonessential businesses, and similar restrictions were put in place in cities such as Nashville, Memphis and Knoxville.
Even as Lee lifted the statewide orders, local governments in metropolitan areas kept more restrictive measures in place. Davidson and Shelby counties have both faced lawsuits from businesses protesting the mandated closures last summer.
While grocery chains such as Walmart were categorized as essential, smaller retail stores were not and were forced to close, Powers said. But under the bill, Powers said business would not be subject to local regulations if they don’t want to. They would instead have to follow state guidelines.
“That puts them on a level playing field because it allows the small businesses to pick and choose the mandate that they want to abide (by),” said Powers, who runs a car dealership.
When asked if the bill would reduce local control, Powers acknowledged there could be “unintended consequences” that would warrant further discussions.
“We’ll have to muddle our way through it,” Powers said. “But for this part, I just don’t want to close down businesses when you don’t have to, and as long as they adhere to a guideline that someone says is ok and some other municipalities or states abide by.”
The bill earned bipartisan support from both legislative chambers. Rep. Jason Powell, D-nashville, said he agrees the bill provides a level playing field for small businesses.
The bill was drafted by the National Federation of Independent Businesses in Tennessee, a group representing small businesses in the state. Jim Brown, Tennessee director for the organization, said the bill was modeled after similar bills in Georgia and Alabama.
Instead of curtailing local control, Brown said the bill would allow businesses the autonomy they need to remain afloat. He said businesses are “stepping up to the plate” to protect their employees and customers from the pandemic.
“I think it’s giving choice and flexibility. I think it’s saying, ‘You need to follow guidelines. You need to protect your customers,’” he said.
Bradley Jackson, president of the Tennessee Chamber of Commerce and Industry, said the bill sends a message to encourage businesses to remain open. Allowing businesses the autonomy would also clear up the confusion among them about which guidelines to follow, he said.
“Pandemic recovery has been really important to the chamber,” he said. “That was at the heart of what our businesses want us to focus on — making sure Tennessee can stay open responsibly and allow them to be able to operate.”
“I think it’s giving choice and flexibility. I think it’s saying, ‘You need to follow guidelines. You need to protect your customers.’”
Jim Brown
Tennessee director of the National Federation of Independent Businesses