Attorney General asks state judge to block all of Beshear’s COVID-19 orders
Kentucky Attorney General Daniel Cameron is asking a state judge to block all of Gov. Andy Beshear’s COVID-19 orders and prohibit him from issuing or enforcing any new orders.
Cameron’s request to Boone Circuit Court came in a 33-page motion filed Wednesday.
Beshear tweeted, “I just learned the attorney general is asking the Boone Circuit Court judge to void every COVID-19 rule and regulation and prevent any future orders needed to respond to escalating cases.
“With no rules, there is no chance of getting kids back to school, we will lose over $10 billion in our economy and many Kentuckians will die. I hope everyone understands how scary and reckless this is.”
Cameron later tweeted, “Today, we are in court to protect the rights of Kentuckians and ensure that the process used by the governor to issue executive orders complies with the law. This is not about the governor’s policies, it’s about making sure he follows the law.”
If Cameron’s motion is upheld, it could put in jeopardy the statewide mandatory-mask-in-public order Beshear put in effect last Friday and other restrictions Beshear has put in place on businesses and public events. Beshear would take any such rulings to the Kentucky Supreme Court, the state’s highest court.
Beshear also said in a tweet that Cameron’s motion threatens more than orders “that keep us safe like masks, he’s also threatening expanded workers compensation eligibility for workers ordered to quarantine due to exposure.
“This includes first responders, active military & grocery store workers.”
He added that “waived copays, deductibles, cost-sharing and diagnostic testing fees for private insurance are also being attacked.”
It is possible Beshear might issue more orders if COVID-19 cases continue spiking in Kentucky.
Cameron’s motion in Boone Circuirt Court to void all of Beshear’s COVID-19 orders was in a lawsuit in which Florence Speedway and day care centers challenged Beshear’s orders designed to curb the spread of COVID-19. Boone Circuit Judge Richard A. Bruegemann had issued a restraining order against Beshear last week in the case.
In his motion Wednesday, Cameron said Beshear “has given little public explanation for the basis of the vast array of executive orders and directives that govern important aspects of the lives of Kentucky’s citizens.”
He said Dr. Steven Stack, the state public health commissioner who has advised Beshear on the orders, is not in epidemiology or virology, but in emergency medicine, and had not conducted his own studies of the cornonavirus.
“It is the governor and his political appointees that purport to make these determinations free from any notice or comment from the 4.5 million Kentuckians these decisions affect,” said Cameron’s motion.
He called Beshear’s orders arbitrary, unreasonable and unconstitutional. He said Beshear should have tailored his orders “to the location and needs of the emergency,” noting that Robertson County, which experienced its first coronavirus case four months after Beshear declared a statewide emergency, is under the same orders as Jefferson County, which has reported hundreds of cases..
Cameron accused Beshear of “unchecked, totalitarian use of emergency authority” without any due process. He noted that Beshear has “permitted dog groomers to open to cut pets’ hair but not barbers and cosmetologists to cut people’s hair.”
The Republican attorney general also said in his motion that Beshear “barricades the Capitol grounds to those who would protest his arbitrary rules, the governor welcomes mass gatherings on the Capitol grounds if he agrees with the content of the group’s speech.”
The motion contained photos of Beshear participating in a rally for racial justice last month on the Capitol grounds.
“Many of the people at the protest do not appear to be wearing masks. None of them — not even the governor — appear to be engaging in social distancing,” Cameron said.
Besides the legal action in Boone Circuit Court regarding Beshear’s COVID-19 orders, other courts are busy with them.
Beshear asked Franklin Circuit Court this week to declare his mandatory mask order proper and Scott Circuit Judge Brian Privett was to hold a hearing on the issue Thursday.
Beshear this week also asked the Kentucky Supreme Court, skipping the Kentucky Court of Appeals, to overturn restraining orders against him issued. by Boone’s Bruegemann and Privett. The Scott County case involved a lawsuit brought by Agriculture Commissioner Ryan Quarles to ease Beshear’s restrictions on agritourism businesses. Cameron intervened in both cases.
Kentucky House and Senate Democrats, in a joint statement, said, “It is difficult to fathom why anyone, much less our chief law enforcement officer, would want to take such drastic action.”
They said Cameron’s actions are “wrong legally, and they are most certainly wrong morally.”
Asked if the Kentucky Republican Party supports Cameron’s efforts to block Beshear’s COVID-19 orders, party spokesman Mike Lonergan said, “We recognize and support the importance of following proper guidelines like wearing masks, and agree with Attorney General Cameron’s concern that the governor must follow the law when issuing executive orders —a point Beshear should already know, having previously served as attorney general.”
Marisa McNee, a spokeswoman for the Kentucky Democratic Party, said Cameron’s action is “dangerous and shameful.”
House Speaker David Osborne, R-Prospect, said, “We can’t have a discussion on how our state has reacted to COVID-19 without recognizing that it is possible to question the constitutionality or legality of the orders put into place while still respecting that we can and should be following the recommendations of medical professionals.
“The attorney general is obligated to challenge any acts that may violate the Constitution or state law and the courts will ultimately settle questions of authority and procedures.”
Senate President Robert Stivers, R-Manchester, did not respond to the question about his views on Cameron’s legal move.
This story was originally published July 16, 2020 at 11:15 AM.
