The current application of State and local authority to mandate the closure of businesses and require the people to restrict their activities to a list of government approved venues under the threat of force and punishment, is antithetical to everything America was built upon. These orders are arbitrary, deny due process, and are rife with unbridled discretion.
Arbitrariness is the quality of being “determined by chance, whim, or impulse, and not by necessity, reason, or principle.” A shelter in place order that requires places of worship to close, where a finite number of people attend for less than a few hours once a week, but then claims that Wal-Mart and liquor stores, where a limitless number of people come and go every day, all day may remain open, is completely arbitrary. Where is the science, where is the reason that says that people sitting in a church are more susceptible to a virus than those who go to Walmart or the liquor store? The answer is simple, it doesn’t exist. The decision to close the church, a shoe store, or private vacation rental property, and not Walmart is based upon a whim and an impulse, not facts or reason. By legal standard a government’s actions are arbitrary and capricious when they are founded upon unreasonable grounds or made with without any proper consideration of circumstances, deny due process and prejudice substantial rights. Therefore, the government’s exercise of authority in these Shelter In Place Orders to pick and choose which businesses can stay open and which cannot is by definition arbitrary and capricious.