Officials in Gallatin County, Montana, say a state law that prohibits local governments from forcing businesses to turn customers away is preventing it from cracking down on zoning code violators.

Late last year, the owner of snowmobile rental business Canyon Adventures filed a complaint with the code compliance office of Gallatin County, Montana, against the nearby Corral Bar and Steakhouse. It alleged the bar's own snowmobile rental business wasn't allowed by the property's zoning.

The county's code compliance office agreed that the snowmobile business wasn't allowed by the zoning code. But rather than slapping the Corral Bar owners with a fine or shutting them down, the Bozeman Daily Chronicle reported yesterday that the county closed the case without taking any enforcement action.

The reason? According to a sweeping law passed by the Montana Legislature in April 2021 aimed at prohibiting mask mandates, the county can't compel "a private business to deny a customer of the private business access to the premises or access to goods or services." It also can't adopt ordinances that deny customers the same access to those goods and services.

Importantly, H.B. 257 also stops governments from applying fines, revoking licenses, filing criminal charges, or bringing "any other retributive action" against business owners for not complying with a law forcing them to reject customers.