Should small businesses be closed by health orders if big ones stay open? Not anymore in Ohio

The Republican-controlled Ohio legislature passed a bill protecting small businesses against health orders on Tuesday, sending it to the governor's desk.

It passed the House 77 votes for to 17 against in May, and passed the Senate unanimously on Tuesday.

House Bill 215, sponsored by Reps. Shane Wilkin, R-Lynchburg, and Jon Cross, R-Kenton, would nullify health orders issued by the Ohio Department of Health that "unfairly" impact one set of businesses but not others.  

Specifically, the intent behind the Business Fairness Act aims to prevent small businesses from being shut down or limited when bigger businesses are not. The bill is being pushed by the Ohio chapter of the National Federation of Independent Businesses, which lobbies for small businesses, and other small business groups.

It's in response to shutdown orders issued by Gov. Mike DeWine's administration during the height of the COVID-19 pandemic.

"Frustration soon began to mount as some of our members had to remain closed while other 'essential' businesses, selling some of the same or similar products, could keep their doors open," said Chris Ferruso, legislative director for Ohio NFIB, in testimony. 

While such health orders were endorsed by health groups to limit the spread of an unknown virus, they also upset some Republicans over their economic harms. 

Under HB 215, as long as a business obliges by the same protocols ordered to another company to remain open or operate normally, the business can also stay open or have normal operations.

The proposed law doesn't apply if health orders are being applied to specifically one business or location.

"It allows all businesses in Ohio, from big chains to small mom and pop stores, to compete equally for customers during the difficult economic times such as we are facing right now," said Wilkin previously. "We are simply leveling the playing field."

The bill has received no public opposition, and many Democrats have voted in favor of it. Another version of the bill had unanimous support in the Ohio Senate in May.

The governor's office said through a spokesperson that DeWine supports the bill, adding that the chances of having to enact the same types of health orders in the future are low.

Titus Wu is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.