Guns Are, But Flowers Are Not: Standards for Determining ‘Essential Business’ in the US

What is “essential business?”

On April 7, Japan declared a state of emergency, calling on its citizens to stay at home absent an absolutely essential reason to go out. It also asked that indoor gyms and playgrounds, theaters and cinemas, and service-oriented restaurants and bars, such as high-end clubs, be temporarily closed.

Meanwhile, America is under lockdown as the novel coronavirus spreads, and only businesses deemed “essential for daily life” are allowed to still be open. This includes supermarkets offering delivery services for daily goods, hospitals and police services for emergencies, and the list goes on. If it were up to me, I would add bookstores and pubs, both personally “essential” to winding down from work and having a good time, but obviously, that’s neither here nor there for now. It’s a big decision just to step outside of the house, and America has been in lockdown for almost three weeks now.

Continuing Lockdowns in the US

Since California issued a stay-at-home order on March 19, New York and other states across the country have followed suit. Now almost all states are taking similar measures. Life has changed dramatically for people, and it’s almost hard to imagine what it was like just a month ago. The lockdown mainly determines which businesses are allowed to stay open and which are not based on how essential they are deemed for daily life. Examples from California are as follows:

Businesses allowed to operate (meaning they are deemed “essential”):

• Supermarkets and pharmacies

• Gas stations, laundromats, dry cleaners

• Police stations, fire stations, and government agencies

• Trains and buses

• News agencies

• Restaurants and cafes (to-go orders only)

Businesses forbidden to operate (meaning they are not deemed “essential”):

• Restaurants (for dining in)

• Bars and nightclubs

• Gyms

• Theaters and cinemas, etc.

The Penalty for Not Complying

America’s lockdowns are legally binding, so failure to comply can result in a penalty. In Los Angeles, a surfer was fined $1,000 for using a beach that had been closed, and cigarette and shoe stores that had been operating despite repeated warnings were penalized. However, a big question remains: what are the standards for determining which businesses are “essential” and which are not? The examples above, such as the supermarkets, pharmacies, and police and fire stations, are all considered to be “essential” across most of the U.S., and are therefore quite orthodox examples. Nevertheless, each region has its own understanding of what is “essential,” and there is some gray area depending on the industry. This often leads to confusion.

Guns are “essential” while flowers are not?

The COVID-19 outbreak saw a surge in gun sales across the U.S. There were roughly 3.7 million background checks for buyers conducted just in March alone.

California doesn’t specify whether gun dealerships are essential businesses (and therefore whether they’re allowed to stay open) during the lockdown, and as a result, gun dealerships are still operating with masses of customers despite the lockdown. One such store in the Los Angeles suburbs reported that it “used to have just a few groups come in one day; now, since the outbreak, we’ve had at most over 60 groups in just one day.”* Even though the main purpose of the lockdowns is to prevent people from coming into contact with each other, this intent is clearly being flouted, as large numbers of people congregate in small spaces and create dangerous situations. For this reason, the local police announced they would start cracking down on gun dealerships, saying that they are not “essential,” prompting an immediate legal challenge from the National Rifle Association, and the sales of guns were allowed.**

It’s easy to chalk this up to quintessential “Americanism,” but the owner of the aforementioned store actually responded that guns are “essential,” and that everyone coming to the store is concerned about personal security moving forward. The owner went on to explain, “If they don’t have guns, how are they going to protect themselves? It’s our right by law to arm ourselves,” emphasizing that the store will continue to operate while taking certain measures such as limiting the number of customers allowed to enter the store at one time.*

For reference, here are some other businesses allowed to operate based on their state:

• Cannabis dispensaries – California

• Golf courses (on the condition that players distance themselves from one another) – Missouri

• Hair and nail salons (later closed due to criticism) – Arizona

• Lawn maintenance services – Georgia

• Pawn shops – Nevada

There are more examples of decisions causing confusion. The east coast state of New Hampshire has deemed florists essential and allowed them to operate. When asked why, a spokesman for the state said that they provide essential services for funeral homes.

However, like guns, florists have not been categorized either way in California, and this has led to some problems. One florist in northern California, in business for almost 50 years, had to temporarily lay off two-thirds of its employees after the lockdown was announced and has limited their services to drop-off delivery. They were pressured into closing after a wave of angry emails and social media postings, accusing them of putting residents in danger and criticizing them for staying open while other stores closed.

When asked about it, the owner said with dismay that they were licensed agricultural producers, so they shouldn’t have faced any problems as the state classifies agriculture as “essential.” They were taking precautions to protect their customers from physical contact during delivery as well.

However, in a complete turnaround in response to the situation, Yolo County, where the shop is located, made a unique decision to permit businesses that aren’t considered essential to still operate as delivery services. The florist was subsequently allowed to continue its delivery business.

Some store owners who have been affected by the gaps in the lockdown policy are advocating for all governments to be consistent in their rules. When asked if they believe flowers to be essential, one such owner responded positively, stating that flowers bring happiness, evoke emotion, and connect with the hearts of the recipients. I was shown a message in a letter that a customer very recently asked to be included with the delivery: “Happy birthday, Mom! I wish I could give these to you in person on your special day … I hope these flowers brighten your day and bring you joy!”*

The lockdown’s determination of “essential” and “non-essential” has been demarcating the light and dark sides of business. The first priority is stopping the spread of the pandemic, and it will not be easy to regain economic balance. Additionally, as long as citizens’ lives are restricted, the scope of what is considered “essential” will continue to widen as well.

Even in Japan, the national and Tokyo local governments faced difficulties in coordinating the temporary closure of facilities in preparation for a state of emergency, so the announcement to temporarily close facilities was delayed until April 10, when a request was made to close facilities as of that day. Osaka says that it will make a decision after carefully assessing the effects of social distancing, and five more prefectures, Kanagawa, Chiba, Saitama, Hyogo, and Fukuoka, are postponing their closure requests at this time. If there are differences in the decisions of local governments, there is a concern that it will cause confusion in the future, like in the United States. The administration is faced with the difficult task of determining what is “essential.”

*Editor’s note: Although accurately translated, the quoted remark could not be independently verified.

**Editor’s note: In March, the Los Angeles County Sheriff ordered gun shops to close. The NRA and other gun rights advocated brought a legal challenge, and in response, the Trump administration through the Department of Homeland Security issued an advisory that firearms dealers should be considered essential services and allowed to remain open.