House Concurrent Resolution 5 — Gathering prohibition, null

House Concurrent Resolution 5 — Gathering prohibition, null

by
Parrish Miller
February 9, 2021

Bill Description: House Concurrent Resolution 5 expresses the Legislature's opposition to the governor's recommendation to limit gathering size.

Rating: 0

Analyst Note: House Concurrent Resolution 5 is one of several resolutions introduced during the 2021 session related to the ongoing state of disaster emergency in Idaho. 

While other resolutions have called for ending the state of disaster emergency or the accompanying orders of isolation, this one does less because the current 'Stage 3' order contains mainly guidelines and recommendations, not mandates. 

This resolution declares "Section 1 of the February 2 Stage 3 Stay Healthy Guidelines regarding the limitation of gatherings to 50 or fewer people" to be "null, void, and of no force and effect."

While passing this resolution may send a message, it will not fundamentally change the circumstances facing Idahoans, because the remaining prohibitions on gatherings come from health districts, counties, cities, and school districts. Only by repealing the authority these entities have to impose such prohibitions can the Legislature liberate Idahoans from the ongoing harm of unwarranted lockdowns, including unjustified infringements on individual liberty. 

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