After the legislature overrode his vetoes on Tuesday, Governor Beshear immediately filed a lawsuit asking for three of the bills to be overturned. On Wednesday, a judge issued an injunction blocking one of the three.
After a hearing on the overall Beshear lawsuit, Franklin Circuit Judge Phillip Shepherd granted a temporary restraining order against House Bill 1, which allows businesses, schools, non-profits, and churches to stay open if the meet either the COVID guidelines set by the state OR the guidelines set by the CDC.
The restraining order is in effect for 30 days, unless extended by another court order. The judge did not address the other two bills on Wednesday, but there will be hearings later on those as well.
According to the Herald-Leader, Shepherd issued the restraining order because he was concerned that HB 1 “could create chaos and and undermine any effective enforcement of public health standards to prevent the spread of this deadly disease during this pandemic.”
He said it could lead to “hundreds, or even thousands, of individual operating plans” with no meaningful oversight or review.
Beshear responds to judge’s ruling
After Judge Shepherd issued his restraining order, Beshear released this statement:
“I have taken difficult but necessary steps to stop the spread of COVID and save lives in Kentucky. Today, the Franklin Circuit Court’s order stated that House Bill 1 would ‘create chaos and undermine any effective enforcement of public health standards to prevent the spread of this deadly disease during this pandemic.’ I don’t use emergency powers because I want to. I use them because it is my duty to preserve the lives of Kentuckians.”
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