BISMARCK, N.D. – The House Industry, Business and Labor Committee votes 10 to four approving a do not pass recommendation for a bill that would reinstate North Dakota’s blue law prohibiting retailers from being open between midnight and noon on Sundays.
Committee members who rejected the do not pass recommendation are Republican State Reps. Jorin Johnson, Jim Kasper of Fargo, Ben Koppelman of West Fargo and Mike Schatz of New England. Despite the recommendation, the bill will head for a floor vote as all bills do in the Legislature.
The bill has the same language as the blue law that was in effect until 2019. It added a provision saying if a business owner has a Sabbath day on a different day, like Saturday for Jews, they would have to be closed for a portion of their Sabbath day.
The bill was introduced by Republican State Representative Matthew Heilman of Bismarck, a Western Governors University finance student. He says he got the idea to introduce a reinstatement of North Dakota’s blue laws after reading an article from a University of Mary Priest showing his thoughts on the benefits of the law. Heilman introduced an amendment to the bill saying businesses can’t prevent hiring or fire someone for not wanting to work on their Sabbath Day. In 2023 the Supreme Court ruled a postal carrier who asked to not work on Sundays because of his religious beliefs saying Sunday is the day of rest is lawfully allowed to do so.
“The convenience of having time to rest, to be with family and to practice religion is far more valuable than the convenience for shopping for a watch on Sunday morning.” Heilman said.
Heilman says he worked in retail and asked for Sundays and Sunday mornings off from work and was told that would make scheduling issues for other employees.
Members of the committee brought forth concerns with the bill as they say it doesn’t prevent retailers from having employees work to stock shelves before a store is open to the public, if shops were closed before noon on Sundays it could lead to people buying things from bordering states or getting things online from businesses outside North Dakota and churches of all faiths are open all week, so people have other options to worship.
Republican State Representative Jeff Hoverson of Minot, a pastor, was the only person not on the Industry, Business and Labor Committee who testified in favor of the blue law bill.
“Not just the founding fathers, but almost everybody during that time when they discussed Sunday blue laws were in favor of them. And guess what? They’re the ones who gave us our liberty. So, if we’re talking about liberty and freedom for business and freedom for people, why would those who actually gave us the liberty and defined it for us have all been in favor of the Sunday blue laws?” Hoverson explained.
President and CEO of the Greater North Dakota Chamber Arick Spencer voiced his opposition to the bill saying when blue laws were voted down in 2019, no consumers were mandated to go shopping Sunday morning, no retailers were required to be open on Sunday morning and said there was a provision protecting businesses renting in shopping centers from being forced to be open on Sunday morning.
“This only applies to certain workers. It doesn’t apply to workers in all the fields that are exempted. If this is so good for that segment of workers, why don’t we apply this to all workers?” Spencer asked.
Click here to watch the full House Industry, Business and Labor Committee hearing on the blue law bill.
