Judge gives Kentucky governor back authority for COVID-19 restrictions
(The Center Square) – A Kentucky judge issued a temporary injunction Wednesday against portions of a bill that puts restrictions on a governor’s executive authority during the COVID-19 pandemic. However, the judge held off on extending that injunction to similar bills for the time being.
Judge Phillip Shepherd granted the restraining order against parts of House Bill 1, which allows places like businesses and schools to stay open during the health emergency provided they followed federal safety guidelines.
The order came one day after Kentucky Gov. Andy Beshear, a Democrat, filed suit in Franklin Circuit Court in Frankfort. That suit came just hours after the Republican-led General Assembly voted to override his vetoes and make the bills law.
“Under the provisions of House Bill 1, it is likely that hundreds, or even thousands, of individual operating plans could be adopted, with no meaningful oversight or review, and with great variations as to the rules that would apply throughout the state,” the judge wrote.
Shepherd, though, held off on extending that order to Senate Bills 1 and 2 as he said both of those new laws would not take effect for 30 days.
A hearing regarding the injunction is scheduled for Feb. 18.
Lawmakers filed the bills and approved them in the first days of the 2021 session last month. They cited concerns about Beshear exceeding his authority, not working with legislators and hindering the economy by shutting down businesses through his orders during the pandemic.
In a statement, Beshear said he took “difficult, but necessary steps” to protect people.
“I don’t use emergency powers because I want to,” he said. “I use them because it is my duty to preserve the lives of Kentuckians.”
A Lexington coffee shop criticized Shepherd’s ruling. On its Facebook page, Brewed stated the business had a reopening plan that would have met the new state law’s requirements.
“He as well has decided the people have no right to pass their own laws,” the post said.
Under its plan, which Brewed posted on its website, Brewed said it would operate at two-thirds capacity and keep table six feet apart to ensure proper social distancing.
Brewed is owned by Andrew Cooperrider, one of four Kentuckians who filed what was the first impeachment petition against Beshear. That petition is currently being considered by a House committee.
Before Shepherd’s ruling, House Speaker David Osborne, R-Prospect, told reporters that House Bill 1 still could be amended, even after lawmakers voted to override the veto, before the session ends.
“We can amend anything up until March the 30th, and whatever version passes last will be what will be the prevailing law,” he said.
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