Bill hinders safety, Hutchinson says

The Arkansas Senate on Tuesday handily approved a bill aimed at ensuring that businesses are not penalized by state agencies for the behavior of patrons or customers during the covid-19 public health emergency.

The Senate voted 32-1 to send Sen. Bill 254 by Sen. Kim Hammer, R-Benton, to the House for further consideration.

Under the bill, a firm, person or corporation would not be liable under a section of state law covering the state Department of Health if the violation of the law or of any orders or rules under the public health emergency results from the behavior of a patron or customer.

Other state agencies that inspect the firm, person or corporation, including Alcoholic Beverage Control, also would be barred under the bill from holding the entity liable for a violation resulting from the behavior of a patron or customer.

The bill also would bar the state Board of Health from requiring, in a public health emergency, a firm, person or corporation to regulate the behavior of patrons or customers.

Hammer said his bill wouldn’t relieve the businesses of their responsibility “if somebody stepped up the bar and had too much to drink.”

But afterward, Gov. Asa Hutchinson said that “this bill, as currently drafted, undermines our ability to assure a safe environment in restaurants and bars.

“Without the tools to enforce the law, then the law becomes meaningless,” the Republican governor said in a written statement. “The restaurant and bar owners always have a responsibility to maintain safe premises for their employees and the public.”

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