In the early stages of the COVID-19 pandemic, Alabama residents saw businesses categorized as essential or non-essential, and that label determined whether these businesses would remain open or be forced to close pursuant to emergency orders.
The result saw 'essential' businesses like Walmart, Lowe's and CVS Pharmacy remain open, while sporting goods, furniture and book stores were forced to close, even though the so-called 'essential' big box stores sold the same items on their shelves.
Small business owners were outraged with what they believed were mandates that favored mega-retailers, while their stores were locked.
Rep. Jamie Kiel (R-Russellville) also saw that perceived inconsistency. And as the owner of Kiel Equipment & Rental, he felt the pinch of reduced income during these mandates.
Additionally, churches were not allowed to hold services, unless their members sat in cars and listened to the radio or watched online.
Kiel has introduced House Bill 103, which proposes that during a state of emergency, any business or church may continue to remain open during a state of emergency as long as the entity “complies with any applicable emergency order, rule or regulation issued by the governor, a state department or agency, or a local governing body which authorizes other business entities to operate under certain safety precautions.”
It's the legislative equivalent of what's good for the goose is good for the gander.
In other words, there would no longer be disparate treatment of certain businesses simply because they don't sell certain types of goods. As long as they comply with necessary safety precautions, they may remain open.
Kiel pre-filed the bill, which means it has been assigned to the House Committee on State Government for further consideration.
Last year, Kiel said he received numerous concerns from House District 18 residents and small business owners about mandatory closings. One of the most extreme examples came when State of Alabama ABC package stores were allowed to remain open as 'essential,' but people could not attend church services because they were deemed 'non-essential.'
“That was the height of ridiculousness,” Kiel said. “A store like Hibbett's that sells tennis shoes and t-shirts is forced to close, yet Walmart remains open selling t-shirts and tennis shoes.
“A local furniture store had to close so you couldn't buy a mattress or recliner, but you could go to Sam's Club and buy a mattress or recliner. That's just unfair,” he added.
Kiel said he has received no opposition to HB 103 from any constituent or organization. He believes the foundation of the legislation is fairness.
“Whatever the governor or state health officer says the limit on number of people inside a building is, any business should be able to open up subject to those guidelines. It should apply to all businesses, not just certain ones,” Kiel said.
