Capitol protest attendees sue Gov. Beshear over COVID-19 restrictions, enforcement
Four people who attended a May 2 protest in front of the Kentucky Capitol have now filed a lawsuit against Gov. Andy Beshear and other state officials, accusing them of violating the First Amendment by restricting protests and threatening punishment.
Tony Ramsek, Frank Harris, Theodore Joseph Roberts and Tony Wheatley filed the lawsuit, which seeks to block enforcement of Beshear’s ban on mass gatherings in instances of protests. The lawsuit also seeks to be certified as a class action.
The lawsuit accuses Beshear, Kentucky public health commissioner Steven Stack and Cabinet for Health and Family Services Secretary Eric Friedlander of limiting how and where people can protest during the COVID-19 outbreak and threatening to enforce the orders.
Multiple lawsuits have been filed against Beshear to challenge his prohibition on mass gatherings put in place to stop or prevent the spread of COVID-19. But most of the legal actions have focused on in-person religious services. Last week, a federal judge in Kentucky blocked Beshear from enforcing the mass gathering ban on religious services.
The ban and the closure of businesses have provoked much of the demonstrations.
After an April 15 protest in which a group gathered outside the Capitol, disrupting Beshear’s daily briefing, barriers were put up to prevent protesters from getting to the area, according to the lawsuit. State officials designated a new area for protests at the top of the parking garage on the property, which the plaintiffs allege is out of sight and hearing range. The protesters would also have to stay in their cars in that area, according to the lawsuit.
The lawsuit also alleges that the alternative protesting options, like the drive-up area at the parking garage or drive-through protests in front of the Capitol, were blocked by law enforcement during the May 2 protests. The result was the “packing in” of the crowd of hundreds, the lawsuit alleged.
While the lawsuit does not claim anyone who attended the May 2 protest has been charged or cited for violating the mass gathering ban, those filing the lawsuit fear that they could be.
The lawsuit points to an interaction between Beshear and a reporter the following day at the governor’s daily press conference in which the reporter asked if protesters should “expect enforcement.” The governor replied, “We’ll see.”
As a result, the four plaintiffs in the case “reasonably expect enforcement action to be taken against them,” according to the lawsuit.
The lawsuit also states that the four fear prosecution if they attend or organize any further protests at the Capitol. That said, the four are currently planning a protest for May 23 and have invited federal and state legislators, according to the lawsuit.
“Several legislators have indicated to plaintiffs that Governor Beshear has informed the state legislators that he will pursue action against them in the form of legislative ethics complaints or criminal prosecution if they should attend,” the lawsuit claimed. “At least one member of Kentucky’s federal delegation has expressed an interest in speaking, but is concerned about the governor’s threats.”
The lawsuit also alleges that there is no system in place to notify individuals who may be accused of violating COVID-19 orders, and that there’s no mechanism for those accused to appeal or challenge the accusation.
As of Monday, 311 people in Kentucky had died as a result of COVID-19, and more than 220 were in intensive care, Beshear announced.
This story was originally published May 12, 2020 at 1:48 PM.
