Martin Daniel

Tennessee State House Representative

18th District

Chairman LEGISLATIVE ADDRESS

Government Operations Committee Cordell Hull Building
425 5th Ave North, Ste 526
Member of Committees
Judiciary
House of Representatives Nashville, TN 37243

Insurance
Calendar & Rules State of Tennessee Office: (615) 741-2287
1(800) 449-8366, ext. 44733
rep.martin.daniel@capitol.tn.gov
Fiscal Review

Subcommittees
Constitutional Protections & Sentencing
Life & Health Insurance

April 16, 2020

The Honorable Bill Lee

Governor of the State of Tennessee
State Capitol, 1st Floor
600 Dr. Martin Luther King Jr. Blvd.
Nashville, TN 37243

Re: Executive Orders; Reopening of Tennessee

via electronic mail

Dear Governor Lee,

This letter concerns your Executive Orders 17, 21, 22 and 23, issued in late March 2020, and Order 27,
issued on April 13, 2020. Essentially, these orders require “non-essential” business establishments to
close and for persons to remain in their homes unless engaged in essential activity or services. While
we can - and probably do - disagree as to various legal questions surrounding the orders, such as
application and supremacy of the Bill of Rights found in our U.S. Constitution; the corresponding
rights found in our Tennessee Constitution; whether a Governor has the authority to issue such orders
pursuant to Tennessee Code 58-2-107(e), and whether the legislature even has authority to grant such
powers to a Governor, one thing is certain: my West Knoxville constituents are suffering
tremendously economically and are requesting a change going forward.

The risk of Great Depression-like financial destruction require us to change our current response to the
Wuhan virus. Now is the time to give more businesses the opportunities to open while mitigating
health risks.

The clear messages I am hearing from my constituents leads me to the above conclusions. While the
risks from the Wuhan virus are credible and serious, the risks from Tennesseans foregoing ordinary
healthcare procedures unrelated to the virus, an increase in suicides and domestic abuse, and severe
financial stress on our business owners and their employees are also credible and serious.
The models and projections on which I expect the initial “stay at home” orders were issued have been
substantially revised downward. Hospitals in Tennessee have adequate capacity; they have not been
overrun. Hospital staff and medical professionals now have their eyes wide open to the Wuhan virus.
While protective equipment supplies remain a concern, prudent health measures are in place and
mandatory restrictions can be reinstated if the need arises.

Also, business owners in Tennessee appreciate the risks from the Wuhan virus. Many businesses that
have been deemed “essential” have found ways to mitigate the risk within their stores. Other
businesses are prepared to do the same. Marking floors for social distancing, limiting the number of
customers, wearing masks, and providing special hours for vulnerable customers are just some of the
way businesses have adapted.

Notably, Knox County has not seen significant health impact from the Wuhan virus. Currently, we
have approximately 30 active cases of Covid-19 and four (4) deaths attributable to the virus.
Knoxvillians can gradually begin to ramp up, while those with underlying conditions continue to
shelter-in-place until the need no longer exists.

In light of the above, I request that Tennesseans, especially Knoxvillians, be allowed to immediately
resume personal and business activity while maintaining protections for the most vulnerable
Tennesseans. Accordingly, I (we) respectfully ask that you relax your state-wide Executive Orders to
the greatest extent possible while giving local jurisdictions the flexibility to respond to local
conditions. In that regard, I have examined Knox County Mayor Jacob’s suggested “Phased
Reopening” plan (attached hereto), and I believe it presents a well-reasoned strategy to safely revive
our Tennessee economy. I endorse it in all respects. I encourage you to give it close consideration and
to recommend it for implementation in Knox County on May 1, 2020.

It is ultimately the individual Tennessean’s responsibility to keep themselves safe, and also to ensure
the safety of those who cannot protect themselves. The public should continue to receive a strong
message and instruction from the government regarding social distancing, avoiding unnecessary close
contact with people, hand washing, wearing masks, cleaning surfaces, and following CDC guidelines.
As leaders and government officials, I believe that we must do everything possible to ensure the
freedoms and liberties needed for Tennesseans to thrive are maintained to the highest degree possible
in a manner that promotes public health.
We understand that any decisions you make will be challenged by some and bring forth a new set of
issues to face. I (we) will stay with you in the fight. We are praying daily for you, and all of our
leaders to have wisdom and discernment. Your leadership has been strong and steady, and for that we
are truly grateful. Thank you for your consideration.

Sincerely,

Martin Daniel,
Representative, District 18

cc: Cameron Sexton, Speaker of the House;

William Lamberth, House Majority Leader;
Jeremy Faison, Majority Caucus Chairman;
Glenn Jacobs, Mayor Knox County;

Knox County Representatives:

Bill Dunn;
Gloria Johnson;
Justin Lafferty;
Rick Staples;
Dave Wright;
Jason Zachary