A Kentucky circuit court judge on Thursday issued a temporary restraining order against Gov. Andy Beshear’s executive orders that have restricted agritourism during the coronavirus pandemic.
The order stops the enforcement of the Governor’s executive orders with respect to all 548 of Kentucky’s agritourism venues registered with the Kentucky Department of Agriculture.
The lawsuit was brought by Agriculture Commissioner Ryan Quarles along with Evans Orchard and Cider Mill in Scott County. Attorney General Daniel Cameron intervened in the case, siding with Quarles and the orchard.
In addition to the restraining order, Scott County Circuit Judge Brian Privett ruled that Beshear would be restricted in his future orders.
“This ruling is a victory for the rule of law, public health, individual liberty, and small business owners across the Commonwealth,” Quarles said in a release. “The decision provides much-needed certainty for businesses across the state as peak agritourism season approaches.”
Shortly after the ruling and during his Thursday press conference, Beshear issued an executive order requiring masks to be worn in public statewide. He was frustrated both by the ruling and the lawsuit itself when he addressed the topic.
“This is dangerous and devastating,” Beshear said of the ruling. “And for a court to say ‘I guess I just don’t believe that the virus exists and you don’t have to do anything, no social distancing, nothing else,’ is absolutely irresponsible.”
Beshear also said the ruling regarding his future executive orders was not legal, and his administration would send it to the Court of Appeals.
Earlier, Cameron released a statement in support of the judge’s ruling, saying Beshear “cannot issue broad, arbitrary executive orders apart from the requirements of state law.”
“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,” Cameron said.
It’s not the first lawsuit against Beshear Cameron has joined.
“This shouldn’t be political, and it all seems to be,” Beshear said. “The AG in Kentucky is the only AG in the country suing their governor over these restrictions. We’ve got to move past it. I’m going to continue to do what it takes.”
Following Beshear’s comments, Cameron responded on Twitter.
“Over the last several days, and in today’s press conference, Governor Beshear has increased his attacks on judges. These attacks must stop if we are all to truly be in this together,” Cameron tweeted. “The Governor should instead focus his efforts on addressing constitutional infirmities that every judge, state & federal, trial & appellate, have found with his orders. He has yet to win a challenge in court, & he should not blame judges for his unconstitutional actions.”
Quarles also released a statement Thursday evening. In part, it reads:
“Contrary to the Governor’s performance this afternoon, this lawsuit isn’t about him. It isn’t political. It isn’t personal. It’s about people who have been deprived of their rights to participate in the policy-making process. All that I am asking him to do is to issue emergency administrative regulations that take effect immediately — with a public comment period, like the law requires.”
