Bill Lee Won’t Say if COVID-19 Restaurant Closings Are Unconstitutional

 

Governor Bill Lee said Monday that the state shutdown of restaurants to protect against the COVID-19 pandemic was necessary, even if members of the Memphis Restaurant Association reportedly described it as unconstitutional.

A member of the media pressed Lee at a press conference Monday as to whether the shutdown could pass constitutional muster. Lee did not seem to answer, at least not directly.

“What is most important is that these shutdowns occurred in order to save people’s lives. Tennesseans have done what Tennesseans needed to do. That was to put in place measures and to follow those measures to do just what was necessary to stop the spread of a deadly virus. They have done that,” Lee said at Monday’s press conference.

“We certainly cannot entirely stop it, but we can slow it to a point that we can manage that spread and have the capacity in our health care system to take care of it and allow Tennesseans to operate and run their businesses at the same time. That is the goal, and I am grateful that Tennesseans have done what they have done to get us to the place where we are. We are encouraged to move forward.”

Members of the Memphis Restaurant Association, according to the reporter, want Lee to allow them to open at 50 percent capacity on May 1 and at 100 percent capacity a month later.

Will Lee agree to such a thing?

Yes, Every Kid

“We are working with the Restaurant Association right now to develop those measures that are important for a restaurant to open safely. You talked specifically about Memphis and that Shelby County will have their own requirements on their restaurants. They may be the same as ours. They may be a different timing than ours,” Lee said.

Lee went on to say that what happens in Shelby County may differ from what happens in other counties.

“We’re working with the restaurant association, those who represent the workers to make sure we put in place the measures and the guidance and the guidelines for restaurants to open safely for their workers and for their customers,” Lee said.

“When we do so we believe that that will be the time when those businesses can open safely.”

As The Tennessee Star reported last month, Lee issued an executive action ordering the closure of bars, restaurants, and other places of public accommodation in response to the coronavirus pandemic. Drive-through, pickup, carry-out, and delivery services are still allowed under Lee’s order.

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Chris Butler is an investigative journalist at The Tennessee Star. Follow Chris on Facebook. Email tips to [email protected].

 

 

 

 

 

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5 Thoughts to “Bill Lee Won’t Say if COVID-19 Restaurant Closings Are Unconstitutional”

  1. […] The Star reported Tuesday, Tennessee Gov. Bill Lee said the state shutdown of restaurants to protect against the COVID-19 […]

  2. I understand why he said it was necessary and not Constitutional but I can tell Governor Lee why it is not, as should anyone who can read and cares to read Tennessee’s Constitution. The power granted to the executive branch is found in Article Ill — Executive Department.” And what provision in Article Ill gives the Governor the power to issue Executive Orders which are binding upon the citizens? NONE. Bill Lee is an honorable man but he is being ill-advised. And don’t listen to the political song and dance about Tennessee Code annotated and the Emergency Powers Act. whereby the General Assembly granted him those powers in 2000 because the Tennessee Constitution Article II Distribution of powers also forbids them from giving him that power. This is why people need to know their Constitution because for too long the government has been usurping powers from the governed by making laws and regulations by unelected bureaucrats that have the force and effect of law which is unconstitutional. It is time that we start demanding our elected representatives start doing the job they are elected to do and stop farming it out to other.

  3. 83ragtop50

    To quote Governor Lee:

    “What is most important is that these shutdowns occurred in order to save people’s lives. Tennesseans have done what Tennesseans needed to do. That was to put in place measures and to follow those measures to do just what was necessary to stop the spread of a deadly virus. They have done that,”

    I strongly disagree with that statement. Trampling on citizens’ Constitutional rights is worse. Setting a precedent of violating any Constitutional right (federal or state) for any reason encourages the power hungry to violate any and all individual rights.

    I would like to see a someone having standing file a lawsuit on this.

    1. james R bellar

      if it were constitutional the president would have done do and not left it to the states. as for standing we all have standing when it is a violation of our rights.

      every governor should answer the question the same way’
      no.it is not legal but has to be done.

  4. Sim

    How many people have had the flu, and never realized they were even sick???

    How many people have had the Covid-19, and never knew they were sick???

    According to reports, the “Majority” of people who have had covid-19, never knew they were “Positive”, but now have an immunity build up against the virus.

    Out of two hundred tested, 64 had built up immunity to the virus but never knew they had the virus.

    A nationwide survey shows over 98 percent of the people will survive the virus if contacted.

    Comparing records to previous flu death, there’s not much difference, especially not to justify this “STUPIDITY” of destroying the economy and life of 98 percent of the population to save less than 2 percent,

    and the majority of them are 80 years old or older.

    People like for the Cops/Military to put their life in jeopardy so life can go on for them,

    But the first sign of their life being in jeopardy, they want to hide in the house.

    Every day I lose a little more respect for people.

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