State Rep. Anthony Sabatini (R-Howey-in-the-Hills) said he doesn’t believe the state and local lockdowns have legal authority, which is why he successfully took on a case of a man charged with violating both.

Sabatini helped defend, on a pro bono basis, Galen Wood, who was arrested April 16 at his business, Kitchen Table Games in Pinellas Park, and charged with violating the emergency order issued by Gov. Ron DeSantis that people not operating businesses deemed essential stay at home starting April 2.

Wood had continued to provide curbside sales of the games he sold. He said all curbside sales were allowed, no matter what the business is classified.

“I did feel it was an unconstitutional law, but I did follow it,” Wood told Florida Business Daily. “That’s the funny part.”

DeSantis himself said businesses could continue to sell items as long as they followed social distancing guidelines, Wood said. He tried to explain that to a Pinellas Park police officer who came into his store and, according to Wood, harassed and insulted people.

Wood called the officer’s supervisor to complain but the police officer then monitored the business on a daily basis, sending complaints to the sheriff’s department.

Finally, Wood was arrested in two counts, with Sheriff Bob Gualtieri present when deputies made the arrest. Wood said he faced a maximum sentence of 120 days in jail, 60 for each count, if convicted.

He contacted a local attorney, Gordon Oldham, whom he had met at the University of Florida. Oldham agreed to take on the case pro-bono, and later asked Sabatini, who was a friend, to join the defense.

Sabatini said he spent one day working on the case and after his involvement was known, State Attorney Bernie McCabe announced the next day the case would be dropped.

“They realized all the bad publicity they were going to get,” Wood said.

Sabatini announced the decision on Twitter: “The State Attorney’s Office Sixth Circuit just dropped their case against my client Galen Wood—the first Floridian to be arrested for opening a “non-essential” business.  It’s clear there is NO valid legal authority for either the state or local emergency orders.  #liberty #COVID19”

Sabatini, 31, said they also feared a judge would strike down the governor’s order.

“I believe the order was bad policy,” he told Florida Business Daily. “I don’t think it had any rational basis. It has to be a rational law — it can’t be arbitrary.”

Sabatini, a first-term Republican who represents District 32, said the government cannot pick and choose what businesses are allowed to remain open. Wood agrees.

“I don’t think they have the authority under the Constitution of the U.S. or the Florida Constitution,” he said.

Wood, 36, has owned his business since 2014. He was closed for a few days after his arrest, and lost sales, which are down 90 percent this month. But Wood said people were coming back to his store.

He said Gualtieri has tried to further restrict local businesses but has been unable to get the county board to agree with him.

He said he doesn’t think the government has the right to order people to remain at home. He said if people feel in danger, they should stay home.

But if they want to go out, for whatever legal reason they choose, they have the right to do so, Wood said, meaning they can stop at a local shop, without worry of being arrested.