A Kentucky Circuit Judge granted a temporary restraining order on Thursday against Governor Andy Beshear’s COVID-19 executive orders.
Kentucky Agriculture Commissioner Ryan Quarles and Evan Orchard and Cider Mill, LLC, filed a complaint against the Governor alleging numerous unconstitutional orders issued by the executive. The complaint argues that Beshear’s orders bypass the administrative process and infringe on rights guaranteed by law.
Some of the orders cited in the complaint pertain to limiting large gatherings and requiring health guidelines for businesses.
In the restraining order, the court noted that “prior to issuing or enforcing any Executive Order… the Governor shall specifically state the emergency that requires the 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 Kentucky Attorney General, Senate President, and House Speaker provided input in an open letter to Beshear. They assert Beshear issued “arbitrary and overbroad” orders and urged his administration to trust Kentuckians to “make responsible decisions to protect themselves and their neighbors.”
It’s not clear what the restraining order will mean for Beshear’s executive order issued this week requiring masks to be worn in public. Kentucky has recently seen a rise in coronavirus with 372 new cases the day the restraining order was issued.