A resolution that would suspend the Fire Marshal’s ability to enforce COVID health guidelines on businesses has cleared a House committee. House Republican Caucus Chair Blake Miguez says business owners should be free to make their own decisions about how, or if they should open given the current COVID risk level.
“If we pass this suspension resolution, I think we set things very clear moving forward that government is here for guidance and it’s up to you to look at that information and make your best decision for you and your family or your business,” said Miguez.
If passed the resolution would stay in place until the adjournment of the 2021 regular session.
Louisiana Attorney General Jeff Landry backs the resolution. Civil Division director Angelique Freel says the Legislature has not given the Fire Marshal the authority to shut down businesses for non-compliance.
“Ultimately it was policy determination that the Fire Marshal made without the body that makes policy having a say so in it,” said Freel.
The committee vote was 12 to 5 in favor. One of those in dissent was New Orleans Representative Royce Duplessis who says the resolution infringes on the Governor’s constitutionally awarded public health authority.
“No court has ruled that anything the governor has done goes beyond his authority,” said Duplessis.
Two federal judges and one state district judge have ruled that the governor’s coronavirus rules are constitutional. Miguez believes a federal appeals court will eventually rule in favor of a lawsuit filed by bar owners.
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