Beshear v. Acree

615 S.W.3d 780 (2020)

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Nature of the Case

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Facts

On March 6, 2020, D, under the authority vested in him pursuant to KRS Chapter 39A, declared a state of emergency in Kentucky. Kentucky's Cabinet for Health and Family Services (the Cabinet) began issuing orders to promote public health and safety. D prohibited on-site consumption of food and drink at restaurants, closed businesses that encourage congregation, and prohibied mass gatherings. As knowledge grew, D and the Cabinet modified their orders accordingly. On March 17, 2020, the Cabinet ordered all public-facing businesses that encourage public congregation to close, including gyms, entertainment, and recreational facilities, and theaters. D announced on April 21, 2020, the 'Healthy at Work' initiative, a phased reopening plan based on criteria set by public health and industry experts to help Kentucky businesses reopen safely. On May 11, 2020, the Commonwealth began reopening its economy and the Cabinet issued minimum requirements that all public and private entities were required to follow, such as maintaining social distance between persons, requiring employees to wash hands regularly, and routinely cleaning and sanitizing commonly touched surfaces. On May 22, 2020, restaurants were permitted to reopen for in-person dining, subject to 33% maximum capacity for indoor dining. On June 3, 2020, D allowed automobile racing tracks to reopen with specific requirements, such as only allowing authorized employees and essential drivers on the premises, utilizing social distancing, implementing cleaning and disinfecting procedures, and requiring the use of personal protective equipment (PPE) in certain instances. Florence Speedway, Inc. (P) filed a complaint against the Northern Kentucky Independent Health District (NKIHD), the organization charged with enforcing public-health orders in Northern Kentucky. The complaint alleged violations of multiple provisions of the Kentucky Constitution. Florence Speedway (P) sought declaratory and injunctive relief deeming the orders unconstitutional and enjoining NKIHD from enforcing them. Florence Speedway (P) then filed an amended verified class action complaint. Ps assert that the challenged orders (1) violate Section 1 of the Kentucky Constitution, which protects the rights of life, liberty, pursuit of safety and happiness, and acquiring and protecting property; (2) are arbitrary, in violation of Section 2 of the Kentucky Constitution; (3) violate the separation of powers provisions in Sections 27 and 28 of the Kentucky Constitution; (4) exceed Ds statutory authority to act pursuant to KRS 39A.100; and (5) are illegal because they violate the procedures outlined in KRS Chapter 13A for the adoption of regulations. The Attorney General intervened in all kinds of actions brought by Ps. Additionally, the Attorney General argued that D lacked the authority to declare a state of emergency. The trial court granted Ps' motion for an emergency restraining order and enjoined D and the Cabinet from enforcing the June 1, 2020 requirements in part. D filed a petition for a writ of mandamus in the Court of Appeals, along with a motion for intermediate relief. Meanwhile, the Scott Circuit Court entered an order on July 9, 2020, enjoining D, and others, from enforcing an executive order. Court of Appeals Judge Glenn Acree issued a consolidated order addressing both the Boone County and Scott County cases and denied intermediate relief in both on July 13, 2020. The Court of Appeals' order reflects that a three-judge panel would promptly consider the merits of Ds petitions for a writ of mandamus. That same day, Ps filed an amendment to their motion for a temporary injunction to address new and supplemental orders and regulations issued by D and the Cabinet. On July 14, 2020, D petitioned for a writ of mandamus in this Court and sought intermediate relief pursuant to CR 76.36(4) and CR 81, specifically requesting that this Court dissolve the restraining orders. On July 17, 2020, this Court entered an order staying all orders of injunctive relief issued by lower courts of the Commonwealth in COVID-19 litigation pending further action of the Court.