Essential business orders have too much gray area

In the new reality of a pandemic-stricken world, the terms “essential” and “non-essential”
(in regard to businesses and workers) have become crucial to our society. According to Forbes,
every state in the nation is operating its emergency shut-downs using these designations. Each
state has differed, however, in defining which businesses can be considered essential.
In Kentucky, the question has enraged many people who were told they were non-
essential workers. Some of these individuals held protests in Frankfort during the week of April

  1. The distinction has also faced criticism from workers who are considered essential but do not
    believe that their jobs are worth the increased risk of exposure to COVID-19.
    Part of the problem comes from the fact that the classification system is extremely
    subjective. Governor Beshear’s (D-KY) Executive Order 2020-257 lists essential businesses
    under the “Life-Sustaining Business” heading. Within that, however, liquor stores remain open
    while medical care facilities and dentists are shut down or told to care for emergencies only.
    “Life-sustaining” is not the clearest of terms to use, and the businesses that have
    continued operations seem redundant. For instance, big-box retailers like Sears are allowed to
    operate, but so are stores like Home Depot and Lowe’s, all three of which can service the same
    basic clientele. Veterinary clinics and pet stores are both able to continue operations, when
    everything one could truly need from a pet store (food and medications) can be obtained from the
    vet. While some of this redundancy is natural in the free market, the double coverage of some
    “life-sustaining” categories makes it hard to see why so many duplicate businesses are able to
    remain at the expense of more niche industries.
    In other areas, there are discrepancies in even what is considered essential or non-
    essential. Bars are closed, but liquor stores are open, with Gov. Beshear citing the need for
    “emotional support” during the pandemic. Optometric offices are closed except for emergencies,
    while chiropractic care, which includes much more physical contact than the eye doctor, are still
    able to see regular appointments.
    In the language of the documents themselves, there is quite a lot of gray area in these
    descriptions. Phrases like “including but not limited to” and “professional services” leave a lot of
    room for businesses that should be closed to identify themselves in a different category. In a time
    when limiting the amount of contact between people is an absolute necessity, only businesses
    that are truly life-sustaining should be considered essential, and industries that are not should not
    be trying to make money at the expense of lives lost.
    This is a difficult time economically. People are out of work, and the lack of economic
    activity in the country right now means that everyone is having to make unusual sacrifices. It is

difficult to be on the receiving end of a furlough email. But in times like these, pragmatism wins
in the decision-making process as officials must try to save lives above anything else.
In this time, leaders have been forced to make some difficult decisions very quickly, and
the expectation is not for them to execute every decision perfectly. But the discrepancies found
in the orders about the business closures during this pandemic show a level of rashness to the
decisions that raises concerns as the government considers reopening.
As the country and the world begins to re-emerge into social and commercial spheres, the
lessons learned during this pandemic must carry forward. Ultimately, people can argue on both
sides whether any business should be essential. But, in the case of this pandemic, we have all
learned just what we can live without. It would be prudent to remember this if anything like this
happens again, or even when we find ourselves complaining about our jobs. The economy is
built upon the backs of every person from the average consumer to the CEO of a Fortune 500
company, and we all have an active role to play, especially as all businesses become available
once again.

Opinion Editor

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