FRANKFORT, Ky. (LEX 18) — At his coronavirus briefing Monday, Gov. Andy Beshear said he wants the Kentucky State Supreme Court to decide a case regarding his mandates on public crowd sizes during the pandemic.
This comes after an appeals court ruling Monday that upheld the decision of two lower courts, striking down executive orders that impacted businesses like Florence Speedway and Evan's Orchard.
"Everyday that there's a restraining order in place where no farmer's market has to even force people to wash their hands that are
providing you food is dangerous for the Commonwealth of Kentucky," he said.
He believes Kentucky needs legal certainty going forward.
"I hope that everyone agrees if the governor has the power to do this and we need to be doing this, we shouldn't be holding it up in lower courts, let's just get that final decision," he said.
But Kentucky republican leaders disagree. Attorney General Daniel Cameron, Senate President Robert Stivers and Speaker of the House David Osborne issued a joint statement on the ruling:
“Today’s Court of Appeals ruling affirms that the Constitution and state law must be upheld and applied consistently. As the Court noted, the Governor failed to provide an acceptable reason why the “courts should not apply our laws and procedures in these troubled times the same as when times are tranquil….” The ruling also emphasizes that “Kentuckians remain capable of doing the wise and common-sense things necessary to keep each other safe in the coming days, just as they have until now.” The Governor should let the cases proceed in Boone and Scott Circuit Courts without additional attempts to bypass the normal legal process. While there may be a need to adopt various policies to address an emergency situation, they should never come at the expense of the state’s laws or the constitutional rights of Kentuckians.”
The next step in the process is for the case to be heard by a three judge appeals panel.