bookmark_borderAs restaurants open, warrantless searches should not be on the menu

As restrictions on people and businesses are gradually lifted, a disturbing new practice has emerged. Some cities and states are requiring restaurants and other businesses to collect information on customers to assist governments with contact tracing efforts.

In New Orleans, Mayor LaToya Cantrell is asking all businesses to keep track of everyone who enters their establishment. “Businesses will be expected to play a role and to have a plan in place to help track employees and clients in their space,” a city spokesperson said. Michael Hecht, the President of Greater New Orleans, Inc. voiced opposition to this idea, saying that business owners are concerned about “privacy of customer data and whether customers even want to give this data.”

In Kansas City, Missouri, restaurants must collect customers’ names, phone numbers, and check-in and check-out times.

Elsewhere in Kansas, Linn County implemented a similar requirement for a variety of businesses including restaurants, health clinics, dentists, pharmacies, banks, stores, and day care centers. A newspaper publisher and a restaurant owner have filed a federal lawsuit arguing that the requirement authorizes warrantless searches. “Constitutional rights do not get suspended during a pandemic,” said Samuel MacRoberts of the Kansas Justice Institute. “There is a clear process by which governments can obtain business and personal records. Unfortunately, Linn County has ignored that process and put the basic rights of its citizens in serious jeopardy.”

Austin, Texas is also requiring restaurants to keep a log of diners. The president of the Texas Restaurant Association, Emily Williams Knight, called the requirement “simply not right” and voiced concerns about the burden on small businesses and the privacy implications for customers.  

Rhode Island has enacted a similar policy. “Establishments shall maintain an employee work log and retain the names and contact information of individuals placing reservations for a period of at least 30 days and make this information available to RIDOH upon request for the purposes of contact tracing,” the phase 1 re-opening guidelines state.

In Washington, Governor Jay Inslee initially planned to require restaurants to track each customer’s name, email address, phone number, and what time they came in to eat. Fortunately, however, he changed his mind and made the data collection voluntary.

Hopefully these data collection requirements will not become the norm. People have a right to privacy. People have a right to live their lives without their activities being tracked and monitored. And people have a right to go about their business – including going to stores, restaurants, and bars – without anyone knowing their identity, if they so choose. Requiring people to provide their identities whenever they visit a restaurant or other business is a disturbing step towards a totalitarian society.

bookmark_borderArmed citizens to the rescue in Texas

The New York Times did an article recently about businesses that have been opening in defiance of government restrictions, and the armed citizens who have come to their aid.

In Shepherd, Texas, for example, tattoo artist Jamie Williams reopened her studio, called Crash-N-Burn, with the help of five armed activists determined to prevent police from arresting her. They set up a perimeter around the parking lot, outfitted with with AR-15s, camouflage vests, and walkie-talkies.

“I had a feeling that finally somebody had my back,” said Williams. “And it’s really sad that citizens are having my back as opposed to my government.”

“It’s not for looks,” said one of the armed men, J.P. Campbell of Freedom Fighters of Texas. “We’re willing to die.”

“I think it should be a business’s right if they want to close or open,” said Philip Archibald, another one of the activists. “What is coming to arrest a person who is opening their business according to their constitutional rights? That’s confrontation.”

Archibald has protested in support of and provided security for several businesses in Texas. In another instance, he and his group were on the scene when Big Daddy Zane’s bar opened in defiance of stay-at-home orders in Odessa, Texas. Sadly, cops arrived in an armored vehicle and arrested the bar’s owner and several of Archibald’s friends. He plans to travel to California and New Jersey to continue his activism.

“We go out there because we want peace, but we prepare for war,” said C.J. Grisham of Open Carry Texas. “I hope this never happens, but at some point guns are going to have to cease to be a show of force and be a response to force.”

At least one government official, County Judge Fritz Faulkner of San Jacinto County, where Crash-N-Burn is located, voiced support. “The powers that be came to their senses and said, ‘Look, you can’t do this,'” he said of the governor’s decision to stop criminal enforcement of the lockdown measures. “Now, my personal opinion is, if a barbershop can open, I don’t know why a tattoo shop couldn’t open.”

Unsurprisingly, Ed Scruggs, president of Texas Gun Sense, criticized citizens for exercising their Second Amendment rights and standing up for the rights of their fellow citizens. “People are nervous enough as it is, and then to see people walking around with AR-15s in public places, gathered together like that, is unnerving and upsetting,” he said. “The entire goal is intimidation and attention.”

I couldn’t disagree more. People have every right to walk around with AR-15s in public places. I can think of few sights more uplifting or inspiring than ordinary Americans bravely standing up to tyranny. Unnerving and upsetting? No way! Plus, standing up for the rights of businesses and individuals is not intimidation. It is the government that is practicing intimidation by arresting and threatening to arrest people who have done nothing wrong. These activists are simply defending their rights. I salute their bravery and their willingness to risk their lives for their principles.