Hobby Lobby is reportedly keeping some of its stores open in defiance of state shelter-in-place orders while some locations are being forced to close, according to media reports.

As businesses across the nation grapple with differences in how states define “essential” businesses or retailers, Hobby Lobby and its competitors Michaels and JOANN have kept many locations open with limited hours.

But some Hobby Lobby locations in Ohio, Indiana, Wisconsin and Colorado were shut down by law enforcement after reopening, defying the orders. 

Hobby Lobby did not respond to USA TODAY’s response for comment.

Ohio Attorney General Dave Yost tweeted Wednesday that he sent Hobby Lobby a cease-and-desist letter. 

“Hobby Lobby properly closed its stores during Ohio’s stay-home order. Now they’re open again – what’s changed?” Yost wrote. “Neither the order, nor the seriousness of the health threat, for sure.”

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In a second tweet Wednesday evening, Yost said Hobby Lobby’s general counsel called to say the company would comply by closing Ohio locations.

The Milwaukee Journal Sentinel, part of the USA TODAY Network, reported that several Wisconsin Hobby Lobby locations that had briefly closed reopened Monday, posting signs indicating they were operating as “essential businesses” by “offering PPE masks, supplies, educational supplies, office supplies and various components for home small businesses.”

Not all Wisconsin locations were closed. In Manitowoc, Wisconsin, police said Wednesday that they were seeking legal advice about whether to force the craft and home goods store to close amid COVID-19 concerns, according to the Manitowoc Herald Times Reporter.

In Jeffersonville, Indiana, the Hobby Lobby was shut down by the health department Monday, CBS affiliate WLKY reported.

Essential versus nonessential debate

Neil Saunders, managing director of the retail consultancy Global Data, said he feels “all of the craft stores have behaved irresponsibly during this crisis and have only closed their stores when they have been absolutely forced to do so.”

Saunders said the justification that they are essential is a “very spurious claim,” noting that while some people are making masks, the materials can be purchased online.

Sucharita Kodali, a retail analyst at Forrester, said it’s about the rules and anything that is nonfood, pharmacy or transport-related is non-essential. 

“I know the crafts stores would love to be considered ‘essential,’ but others in home office and electronics have had the same issues,” Kodali said. “They have just leaned into contactless curbside pickup. That seems to be OK – just not keeping the stores open to the public.”

Best Buy and GameStop have both closed to shoppers after originally planning to stay open but are offering curbside service at locations across the country. Some nurseries and gardening supply stores are similarly offering online or phone ordering with curbside pickup. 

Staying open, however, could also open the retailers up to lawsuits, Saunders said.

“If a company defies state orders and forces non-essential workers to come in, I think those workers have case to sue, even if they don’t get sick,” he said.

Hobby Lobby tells managers how to respond to authorities

Hobby Lobby’s founder and CEO David Green sent a letter to all employees dated March 19, the Christian Post reported.

“While we do not know for certain what the future holds, or how long this disruption will last, we can all rest in knowing that God is in control,” Green wrote. “To help ensure our Company remains strong and prepared to prosper once again when this passes, we may all have to ‘tighten our belts’ over the near future.”

The retailer then sent two memos to managers with a March 23 memo saying the company planned to remain open during the coronavirus pandemic and “continue to make every effort to work the employees,” Business Insider reported.

The March 28 memo, obtained by Business Insider, gave managers talking points for “how to respond and communicate if visited by a local authority that asks why we are open.” 

‘Declared essential’

JOANN spokeswoman Amanda Hayes told USA TODAY that with states defining essential businesses differently, the company was evaluating stores on a case-by-case basis and complying with orders.

The company has donated fabric for more than 4.5 million masks to help address the mask shortage for the health care system, Hayes said, and shoppers have purchased materials to make an additional 16 million masks.

Hayes said JOANN has “been declared essential by a number of states and entities,” including California, Pennsylvania, Alabama, Idaho and several counties in Georgia, Ohio, Texas and Florida.

Michaels officials did not immediately respond to USA TODAY’s request for comment.

Contributing: Curt Hogg, Milwaukee Journal Sentinel; Patti Zarling, Manitowoc Herald Times Reporter

Follow USA TODAY reporter Kelly Tyko on Twitter: @KellyTyko

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