Judge blocks COVID-19 restrictions on KY agritourism. Beshear calls ruling ‘reckless.’
A state judge Thursday granted a temporary restraining order against Kentucky Gov. Andy Beshear’s orders restricting agritourism businesses during the COVID-19 pandemic, a move the governor called “reckless.”
Beshear said his administration will immediately ask the Kentucky Court of Appeals to stop the judge’s order.
“Those who brought and supported this lawsuit should be ashamed of themselves,” he said.
Scott Circuit Judge Brian Privett’s order stops the statewide enforcement of Beshear’s executive orders with respect to all 548 of Kentucky’s agritourism businesses registered with the Kentucky Department of Agriculture.
The judge’s order came in a lawsuit brought by Agriculture Commissioner Ryan Quarles and Evans Orchard and Cider Mill in Scott County. The orchard also has a wedding and playground area. Attorney General Daniel Cameron joined them in the lawsuit.
Beshear, in a telephone interview, called the judge’s decision “reckless” and said “it could have devastating consequences.”
As coronavirus cases rise in Kentucky and other states experience crowded hospitals and intensive care units, the judge “has eliminated all restrictions on 548 businesses, including farmers’ markets, distilleries and the Pike County Expo Center,” said Beshear.
“This could cause rapid spread of COVID-19,“ he warned.
The lawsuit challenged the constitutionality and legality of Beshear’s use of executive power during the coronavirus pandemic to restrict the agritourism businesses.
“This ruling is a victory for the rule of law, public health, individual liberty, and small business owners across the commonwealth,” Quarles said in a news release.. “The decision provides much needed certainty for businesses across the state as peak agritourism season approaches.”
Quarles, a Republican, said he is hopeful the court order “will encourage the Beshear Administration to follow Kentucky’s administrative laws and seek cooperation from the public and the General Assembly in putting public health first.”
In a court hearing this week, Kentucky Department of Agriculture officials argued that the proper authority for issuing emergency regulations is set forth in Kentucky’s Administrative Procedures Act.
In emergency situations, the law permits the governor to issue emergency regulations that take effect immediately and still allow for public comment and review from state lawmakers, Quarles said.
“Surprisingly, lawyers for the governor admitted in court this week that the administration used the emergency regulatory process to expand telehealth during the pandemic, but they didn’t do that when they closed or began to reopen the economy,” said Quarles.
“With cases rising around us, it is now more important than ever before that the Beshear administration prioritize public health and public input going forward,” he said. “If the Beshear administration believes new measures are needed to slow the spread of the coronavirus, they must stop trying to govern via executive order and begin following the emergency regulatory process that allows for public comment and input from the Kentucky General Assembly.”
Evans Orchard and Cider Mill is a fifth generation family farm-owned agritourism destination in Georgetown, offering a you-pick orchard, a 96,000-square foot-playground, and a converted barn facility that serves as an event venue.
It says it has adopted public health guidelines during the pandemic and has worked with the local health department in Scott County to comply with orders.
But Quarles said the business struggled under “regulatory mayhem due to the haphazard nature of the governor’s orders” and has experienced major financial losses.
“Without this temporary restraining order, the business could not operate its playground and event venue profitably for the remainder of the calendar year,” said the commissioner.
Cameron, in a news release, called the ruling “a clear win for the rule of law” that will “help Kentucky families and businesses across the commonwealth who have suffered and continue to suffer financial losses and economic hardship because of the governor’s executive orders.”
This story was originally published July 9, 2020 at 1:42 PM.
