FRANKFORT, KY — Attorney General Daniel Cameron announced a Scott Circuit Judge ordered Gov. Beshear to cease issuing or enforcing executive orders related to COVID-19 unless the orders meet specific criteria for an emergency as outlines by state law.
The Judge stated that, in order to issue and enforce executive orders about COVID-19, the Governor must specify the state of emergency that requires the executive order, the location of the emergency, and the name of the local emergency management agency that has determined that the emergency is beyond its capabilities.
“The Governor cannot issue broad, arbitrary executive orders apart from the requirements of state law, and the Judge agreed by today issuing a statewide temporary restraining order,” said Attorney General Cameron. “This is a clear win for the rule of law and 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.”
The Office of the Attorney General says Cameron joined the lawsuit last week, which challenges Gov. Beshear's use of executive power during the COVID-19 pandemic and was filed by Agriculture Commissioner Ryan Quarles and Evans Orchard and Cider Mill, LLC, and agritourism business in Georgetown.
“This ruling is a victory for the rule of law, public health, individual liberty, and small business owners across the Commonwealth,” said Commissioner Quarles. “The decision provides much needed certainty for businesses across the state as peak agritourism season approaches. I am hopeful this 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.”
Evans Orchard instituted new public health guidelines and procedures during the COVID-19 pandemic in compliance with Gov. Beshear's executive order, including requiring employees to wear masks, sanitation protocols for facility, and reduced capacity to comply with social distancing.
The temporary restraining order issued by the Judge today also stops the enforcement of the Governor’s executive orders as they apply to Kentucky’s 548 agritourism businesses.
To view the original complaint filed by Commissioner Quarles and Evans Orchard, click here.
To view the temporary restraining order, click here.
To download video of the July 6 arguments in Scott Circuit Court, click here.
