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Law360 (April 2, 2020, 10:36 PM EDT) -- Hobby Lobby tried to reopen its stores in Colorado and Ohio in the midst of coronavirus stay-at-home orders but was quickly blocked by the states' attorneys general, who insisted that the arts-and-crafts chain comply with public health measures.
Both Ohio and Colorado have deployed stay-at-home orders that shutter all businesses except those deemed essential, such as grocery stores, gas stations and restaurants offering takeout and delivery. Hobby Lobby initially closed after the orders came out, but soon reopened for business, according to a cease-and-desist letter sent to the company Thursday by W. Eric Kuhn, Colorado senior assistant attorney general.
The letter reminds Hobby Lobby founder and CEO David Green that two executive public health orders in Colorado explicitly state that only essential businesses can remain open in an effort to control the spread of the deadly COVID-19 pandemic.
"For the avoidance of doubt, and as you have been previously notified, Hobby Lobby is not a 'critical business' and is not otherwise exempt from the requirements of [the public health orders]," Kuhn wrote.
Kuhn's letter demands that Green immediately close all Hobby Lobby stores in Colorado.
A representative for the Colorado Attorney General's Office told Law360 on Thursday evening that Hobby Lobby has shuttered its stores since receiving the letter. The representative declined to comment further.
Hobby Lobby also tried to reopen its stores in Ohio, state Attorney General David Yost said on Twitter Wednesday, writing, "Hobby Lobby properly closed its stores during Ohio's stay-home order. Now they're open again — what's changed? Neither the order, nor the seriousness of the health threat, for sure."
Yost said he sent a cease-and-desist letter to Hobby Lobby's general counsel and received a phone call "within the hour" saying the company would close its stores in compliance with the letter.
A representative for Hobby Lobby did not immediately respond to Law360's request for comment Thursday evening.
The effort to temporarily close all nonessential businesses comes as the number of confirmed COVID-19 cases in the United States nears 250,000 and at least 38 states have ordered residents to stay home or shelter in place.
Local and state governments could also start sending out stay-at-home text reminders if they take advantage of the Federal Communications Commission's notice on Thursday that emergency alerts may be used to share "life-saving information" during the coronavirus pandemic.
As an example, the FCC suggested reminders for the public to stay at home to decrease the risk of catching or transmitting COVID-19. The messages may be up to 360 characters and can also be delivered in Spanish, it said.
--Additional reporting by Nadia Dreid.
For a reprint of this article, please contact reprints@law360.com.
