Home Depot was open because people need to fix shit around their house if you want them to stay home. What's arbitrary about that?
I agree with you about the beaches. But in the early days, we didn't really know what worked and what didn't. People said 6 feet apart was safe enough indoors because "droplets containing the virus fall to the ground".
It was arbitrary because small hardware stores had to close, while big ones could stay open. Also, because in most states someone in the governor’s office just went down a random list of professions or business types and decided on the spot whether to shut them down or not. That’s the very definition of arbitrary and capricious. It also fails the rational basis test, since the government hadn’t even come up with a rationale for why certain businesses have to close while others can stay open. Or why a Walmart could have a 500 people in it, while churches were limited to 10 people at a time (regardless of the size of the church’s building, even), etc.
I didn't know about small hardware stores being forced to close. That's the arbitrary part then. If it was a question of space, they should've been allowed to continue business with curbside pickups.
Religion and community are important. But congregating inside a church building is not something that needs to be prioritized during a pandemic. Schools and daycares first.
A small hardware store in town went out of business because they were forced to close. Same for a lot of other small stores. I could understand reducing number of people in the store but closing totally while keeping others open simply didn’t make sense. I think the exceptions had more to do with successful lobbying
than with health reasons.
