Kentucky’s agriculture commissioner is challenging several COVID-19 related executive orders issued by Governor Andy Beshear.
Agriculture Commissioner Dr. Ryan Quarles, along with officials with a family owned farm complex in Central Kentucky filed a lawsuit Monday in Scott County against Governor Beshear’s administration.
The playground at Evans Orchard is a big attraction in Georgetown and a significant source of revenue for the farm. But the Evans family say they’re facing major financial hardship due to Gov. Beshear’s COVID-19 executive orders.
That’s why they’ve partnered with Commissioner Quarles to file a lawsuit against the governor.
Jenny Evans, who co-owns the farm, says Beshear has laid out reopening plans for retailers, restaurants, gyms, and so much more, but he has left out agriculture businesses.
The Evans family say public health officials have told them they can have no more than 10 people at a time on their farm, with attractions spanning 96,000 sq ft. They feel this is unfair considering the number of people in grocery stores and at recent protests.
Evans said she submitted a proposal on June 12 asking for permission to reopen at 1% capacity, that’s about 100 people, but it was denied. She also said she reached out to the governor but hasn’t gotten a response.
The Evans family report they have lost about 80 percent of revenue since the restrictions went in place.
According to the lawsuit, Commissioner Quarles says Beshear’s executive orders violate the Administrative Practices Act, which requires input from the public and General Assembly during the rulemaking process.
The Kentucky Administrative Procedure Act is the law governing procedures for state administrative agencies to propose and issue regulations. The lawsuit claims the Beshear administration should have issued its business restrictions through administrative regulations that could be reviewed by the public and state legislature.
Gov. Beshear’s office released this statement about the lawsuit:
At a time when states to our south are reporting over 8,000 new COVID-19 cases each day, the parties bringing this lawsuit want to eliminate the public health guidance and requirements that are keeping Kentuckians safe. All businesses have to follow the same rules and guidance for outdoor weddings and other activities. We are confident in the legality of these rules, and have identified numerous legal issues with the suit, including that it was filed in the wrong place. If the parties here won and the virus spread because the facility was not following proper guidance, it could threaten the reopening of our economy and public schools.
You can read the entire complaint here: https://files.constantcontact.com/64879f58201/7bab426d-2bac-4822-af78-095902fb1a2a.pdf
It is asking the court to declare Beshear’s “numerous orders, policies, procedures and other forms of action restricting the rights of members of the public” during the coronavirus pandemic to be unconstitutional and declare then null, void and unenforceable. It is also asking for a permanent injunction to stop the business restrictions.
It is not clear if Quarles wants all of Beshear’s business restrictions removed.
Other defendants named in the suit include Health and Family Services Secretary Eric Friedlander, state Public Health Commissioner Steven Stack, WEDCO District Health Department director Crystal Miller, and their agencies.