SB 1439 - This act creates the "Missouri Entrepreneurial Freedom Restoration Act". The act provides that the right to earn a living in the businesses, professions, occupations, and trades of life is a fundamental right. State and local governments shall not burden a person's exercise of their right to earn a living. Governmental restrictions that burden the right to earn a living shall make the governmental body liable for legal and equitable relief. Government restrictions that burden the right to earn a living do not violate this act if the governmental body can demonstrate by clear and convincing evidence that the burden is necessary to protect public health, safety, or welfare; the burden is the least restrictive means to achieve the law's stated purpose; and alternative mechanisms could not achieve the stated government interest without unnecessarily restricting entry into the occupation. A person whose right to earn a living has been burdened may seek declaratory, injunctive, or other equitable relief, as well as nominal damages. A person intending to engage in a profession, but hindered by a governmental burden shall have standing to bring a claim without having to first apply for, obtain, or be denied the relevant occupational license or registration. A prevailing plaintiff shall be awarded attorneys fees and costs.
The state of Missouri waives sovereign immunity as to nominal damages up to one dollar for each claim for any act by a government official that violates this act.
JIM ERTLE