New lawsuit claims Beshear’s COVID-19 order has ‘criminalized’ dinner for large families
Two families filed a lawsuit Tuesday against Kentucky Gov. Andy Beshear in U.S. District Court in Covington to try to stop his COVID-19 order limiting indoor gatherings to no more than eight people from two different households.
They claimed his latest emergency orders criminalize their daily family dinner and other household activities.
The 44-page lawsuit also is on behalf of several religious schools against Beshear’s ban on in-person classes as the virus escalates in the state.
A similar lawsuit involving 17 other private schools is awaiting a request to U.S District Judge Gregory Van Tatenhove in Frankfort for a temporary restraining order against Beshear. Kentucky Attorney General Daniel Cameron has joined the plaintiffs in that suit and Kentucky Treasurer Allison Ball has filed an amicus brief supporting the suit.
Beshear signed an order Nov. 18 to limit indoor gatherings and stop in-person classes for all schools from Nov. 20 through Dec. 13.
Tuesday’s lawsuit was filed on behalf of eight religious schools, including Veritas in Lexington; two families, including one in Scott County; and two individuals who hold political gatherings in their homes. Defendants are Beshear and Lynne M. Saddler, district director of health for the Northern Kentucky Independent Health District who enforces the governor’s orders.
Representing the plaintiffs are attorneys Chris Wiest of Crestview Hills, Thomas Bruns of Cincinnati and Robert A. Winter Jr. of Fort Mitchell.
Beshear, during an interview on CNN Tuesday, said the new restrictions were necessary to save lives. He said the state is “overwhelmed “ with an increase in COVID-19 cases with hospitalization. He noted that 27 residents of a veterans’ home in Wilmore have died with the virus.
He said the state has two choices: “To surrender and take the fatalities or to fight back. We are throwing our best punch in a limited period of time.”
“We are treating everybody the same, asking the people to make the sacrifice,” he said.
Wiest said the governor’s order is vague about limiting social gatherings. It says: “All indoor social gatherings are limited to a maximum of two (2) households and a maximum of eight (8) people. A household is defined as individuals living together in the same home.”
Wiest asked, “Does that mean no family of nine can have Thanksgiving together? One of our clients has nine or 10 children. One asked does his kids have to sleep outside. The order was poorly drafted.”
The attorney said local health departments said Beshear’s order includes “family dinners where there are more than eight people in attendance, and group meetings, including meetings for political purposes and gatherings.”
Families in the suit include Austin and Sara Everson of Scott County and their seven minor children.
“Because Governor Beshear has criminalized their daily family dinner and other in-home family activities, they bring suit,” the lawsuit said.
Another couple in the suit, Nicole and James Duvall of Boone County, have nine minor children.
At his daily update Tuesday, Beshear called this claim “ridiculous,” “dumb,” and “a distraction.”
“Nobody’s saying a family of 10 can’t continue to live together and eat together,” he said. “What we’re saying is if one family wants to have another family over, it [should only] be two households.”
The two individuals in the suit are Pastor Lee Watts, who is the self-proclaimed pastor to the state legislature and Tony Wheatley.
The suit said hey have “historically, and intend in the future, to host politically-related peaceful assemblies of 15-20 individuals at their homes and their properties and curtilage surrounding their homes.
“The Governor has criminalized such activities,” said the suit.
Concerning Beshear’s ban on in-person instruction for all schools, the lawsuit said the governor permits a number of comparable activities of varying sizes to remain open, including movie theatres at 50 percent capacity, gyms and fitness centers at 33 percent capacity, indoor auctions at 50 percent, secular colleges and universities and gaming facilities.
Officials at Veritas, which has about 170 students in grades K-12, could not be immediately reached for comment.
Other private, religious schools in the new lawsuit against the governor are Pleasant View Baptist School in Breckenridge County, Highlands Latin in Louisville, MICAH Christian School in Bullitt County, Mayfield Creek Christian School in Carlisle County, Faith Baptist Academy in Carlisle County, Central Baptist Academy in Rockcastle County and Cornerston Christian School in Laurel County.
Also bringing suit for the private school shutdown at Covington Diocese of the Catholic Church are Wesley and Mitch Deters with three minor children.
The plaintiffs claim Beshear is violating the free exercise of religion and freedom to peaceably assemble.
They have requested a temporary restraining order but no hearing has been scheduled before U.S. District Judge David Bunning, said Wiest.
This story was originally published November 24, 2020 at 2:45 PM.
