UPDATE POSTED 11 A.M. FRIDAY, APRIL 16, 2021
LEXINGTON, Ky. (WTVQ) – The Kentucky Supreme Court announced late Thursday it will take up a separation of powers case involving Gov. Andrew Beshear’s use of executive orders to try to contain the spread of the coronavirus.
“We’re excited to present our clients’ case to the Kentucky Supreme Court,” said Oliver Dunford, an attorney at Pacific Legal Foundation, representing the three businesses. “We hope the court will agree with our simple proposition that the governor, like everyone else in the Commonwealth, must follow the laws.”
Three brewpubs and restaurants sued after the Kentucky legislature overrode the governor’s veto of a bill to limit the use of executive orders. The state Supreme Court previously has ruled Beshear was within his authority and another lower court also has backed his authority, blocking implementation of parts of a state law approved by the Republican-controlled Legislature.
But the three businesses sued in Scott County Circuit Court and Judge Brian Privett sided with the businesses in a ruling that applied only to the three businesses. That decision was appealed, resulting in the latest case before the Supreme Court, which also is reviewing the other court ruling.
The case is Goodwood Brewing Company, LLC v. Beshear.
ORIGINAL STORY POSTED APRIL 9, 2021
GEORGETOWN, Ky. (AP) – A Kentucky judge has temporarily blocked applying some of the state’s pandemic-related restrictions to several restaurants and breweries challenging them.
Scott County Circuit Judge Brian Privett issued his order Friday.
His order applies only to the businesses that challenged the coronavirus-related orders by Gov. Andy Beshear.
The governor’s office is appealing the order.
The ruling runs counter to an order by a Franklin County circuit judge, who temporarily blocked laws threatening to invalidate Beshear’s virus-related orders.
Privett says “there is every chance” the case he heard will join the Franklin County case on appeal ultimately to the Kentucky Supreme Court.