United States

Bars, restaurants sue Kentucky governor

(The Center Square) – A group of bars and restaurants from across the state filed a lawsuit Monday against Kentucky Gov. Andy Beshear, challenging his COVID-19 emergency orders that limit their establishments.

The suit was filed by Goodwood Brewing Co., which operates brewpubs in Louisville, Lexington; Dundee Tavern in Louisville; and Trindy’s, which operates a family restaurant and bar in Georgetown. The Pacific Legal Foundation represents the plaintiffs.

Other businesses have tried filing suit against the governor, but last year, the state Supreme Court ruled Beshear had the authority to establish emergency orders during the pandemic.

However, Oliver Dunford, an attorney with the foundation, told The Center Square on Monday that recently enacted laws the General Assembly passed to put limits on Beshear’s powers.

Among the laws Dunford cited was one that allows Beshear’s orders to last for only 30 days unless the legislature allows them to continue.

Beshear is challenging that law in the courts, and last week, a state judge issued a temporary restraining order for him. Dunford said here respectfully disagrees with the injunction and believes that it’s not binding against his clients.

Last week, the governor also announced a change in the order affecting restaurants. Effective as of last Friday, those establishments can now serve at 60% of capacity, up from the previous 50%.

Dunford, though, cites the new law keeps Beshear from doing that.

“The law precludes the governor from issuing new orders based on substantially the same facts and circumstances,” he said.

A message to a Beshear spokesperson was not immediately returned Monday afternoon.

The lawsuit was filed in Scott County, where Trindy’s is located. Last July, a Scott County judge issued an order against Beshear after the state Department of Agriculture and a local orchard filed a suit challenging the governor’s authority. The Supreme Court, though, ruled unanimously in Beshear’s favor in that case last November.

In the new lawsuit, the restaurants seek temporary and permanent injunctions keeping Beshear from enforcing his order. Dunford said he intends to file a motion for the temporary injunction soon.

Disclaimer: This content is distributed by The Center Square

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