Legislature Opens Louisiana

Just before 5 p.m. last Friday, Oct. 23, 2020, 65 members of the Louisiana House of Representatives delivered to Gov. John Bel Edwards a petition terminating his emergency order on the coronavirus.  The effect was to immediately re-open the State of Louisiana and revoke the orders and mandates issued by unilateral action of the governor.  

The petition represents the decision of 65 of the 68 Republicans in the House. None of the Democrats in the House signed the petition. The petition process is found at La. R.S. 29:724(B) of the emergency powers act passed in 1993.  

R.S. 29:724(B)(1) provides how the governor may declare an emergency, while (B)(2) provides the method by which the legislature may terminate any such emergency order.  Its purpose was to ensure that an emergency order of the governor has the support of both houses of the legislature. The petition provides the governor may not issue another order for at least seven days after the order has been revoked. 

House Republicans have been pushing to reopen the state for months but the governor has consistently rebuffed their demands. 

Thousands of businesses have closed as a result of Edwards’ mandates. Atty. Gen. Jeff Landry has issued Attorney General’s opinions calling the Governor’s mandates illegal and unconstitutional. Under R.S. 29:724(B)(2) of the emergency powers act, the governor is now required to rescind his order. 

The petition provides that the emergency order ended upon submission of the petition to the governor. If the governor chooses to resist the House’s action, Atty. General Jeff Landry has said he will file a writ of mandamus to force him to comply. For now, Louisiana is open for business, and there are no mandates in effect, Landry said.  

Edwards’ actions over the past seven months in assuming virtual one-man rule in Louisiana are without precedent.  Likewise, the House’s action is historic.

House Republican Leader Blake Miquez of New Iberia said people in Louisiana are tired of dictatorial rule and want their lives back. He urged the governor to follow the law and rescind his orders.

The petition ends the mask order, occupancy limits, and shutdowns.