Among Americans of a certain conservative bent, Lewis is one of many new faces of a growing movement—one in which rebel businesses are recklessly reopening against the wishes of politicians, scientists, public-health officials, and sometimes even their own customers and employees. Despite frequent warnings from experts that the country doesn't have the testing capacity to ease shelter-in-place restrictions yet, more and more nonessential business owners have started defying their state's stay-at-home orders by reopening—a move that threatens to increase the country's COVID-19 death toll."They're making a big mistake," Newsom said of the reopening businesses like Lewis' at a press conference last Thursday. "They're putting their public at risk. They're putting our progress at risk."The primary justification for the reopenings could be financial, or born out of a concern for employees. But a growing number of barbers, hair stylists, gym owners, and restaurateurs are almost posting their fight as something else too: a constitutional issue.Are you worried about your workplace reopening during the coronavirus epidemic? Fill out this form, or reach out on Signal at 310-614-3752, and VICE will be in touch.
"We are standing for America, small businesses, the Constitution and against the overreach of our governor in Colorado!!" the owners of Colorado restaurant C&C Coffee and Kitchen wrote on Saturday in a tweet that tagged the president. One day later, on Mother's Day, a video went viral that showed the inside of the packed and reopened restaurant, where practically no one appeared to be obeying social-distancing guidelines or wearing a mask (the regional health department has since ordered the business to shut down).Days earlier, Alabama police arrested a local chiropractor who had seen patients in the gym he also owns—a constitutional affront, according to the chiropractor's lawyer. A man in Flagstaff, Arizona, has sued Republican Governor Doug Ducey, under the argument that the stay-at-home order is unconstitutional. A barber in Minnesota, Milan Dennie, told VICE that he reopened under the same constitutional principle.Small businesses have undeniably suffered during the coronavirus pandemic. But legal scholars who spoke to VICE pushed back against the business owners' claims, emphasizing that there is no explicit amendment in the Constitution that protects the right to work."It's something I'll never see again in my life," said Lindsey Graham, a hair stylist who illegally reopened in Oregon. "There were at least 50 supporters with signs and American flags chanting 'thank you' and 'we need to work.'"
Most of the small business owners interviewed by VICE said they didn't fear the hundreds and maybe thousands of dollars in fines, or any other legal consequence of reopening. The civil penalties can vary by state, but the worst outcome, lawyers said, would be losing their business licenses for good—a possibility, especially if more and more businesses reopen illegally. Still, many of them said that they think tickets will all eventually be thrown out, or that the revenue they'll make reopening will offset the fines."I was a cop for a long time," Desmarais said. "I know what they can and can't do. California suspended all bail schedules. They're not even booking people. I could probably commit a crime—a real crime—and nothing would happen."Collis, the Stanford lawyer, said any business that was reopening illegally should not expect leniency from a judge, especially if coronavirus cases, hospitalizations, or deaths increase in their area of business."Imagine if they open up," he said, "and the virus spreads."The penalties could become more severe with time should people remain open during the coronavirus' second wave, according to Hodge, the Arizona State professor, which the Centers for Disease Control and Prevention has predicted could be even deadlier. Some people might even lose their business licenses for good, Hodge suspected."There's no way someone could pinpoint that a person got it in my shop, and it's not like I'm dragging anybody in here," Desmarais said, adding that the decision to go out was an individual's alone. "Everyone has to take responsibility for their own actions."