Kentucky Attorney General Daniel Cameron, plus a Christian private school in Danville, have sued Gov. Andy Beshear for his order that private schools temporarily stop in-person classes.
The suit, filed Friday within the U.S. District Court for the Eastern District of Kentucky, alleges that the governor has violated the constitution together with his recent COVID-19 restrictions, specifically the mandate that public and private schools do remote learning for the following few weeks.
Danville Christian Academy, Inc., which teaches preschool through 12th grade, is the co-plaintiff on the lawsuit.
“The Governor's school-closure order prohibits religious organizations from educating children consistent with and based on their faith,” Cameron wrote inside a press release. “The capability to provide and get a private religious education is really a core part of the freedoms protected by the First Amendment. Religiously affiliated schools such as the following recommended social-distancing guidelines ought to be allowed to remain open.”
Cameron also joined a lawsuit seeking to explain whether Beshear had the ability to issue restrictions through executive order after he ordered “healthy at home” measures in March. The Kentucky Supreme Court unanimously ruled he did have that power, and that it was particularly necessary inside a public health crisis.
At Wednesday's briefing, during which he announced new restrictions which affect businesses like bars, restaurants, gyms and venues, Beshear said these were difficult choices.
“I can tell you none of them are going to be popular,” he explained from the new rules. “Now's time we decide on whether we will let our fellow Kentuckians become sick and more of them die, or we will have a stand against the third wave of the virus. These restrictions are necessary now.”
The 24 hour the suit was filed, Beshear announced another record-high number of new cases: 3,825 confirmed new infections, and 20 new deaths.
In August, Cameron issued an opinion that forbidding in-person education in a religious school following hygiene and social distancing recommendations will be a violation of the U.S. Constitution, and of Kentucky state law.
“The Governor dismissed the guidance, and that he has forced us to create a case to protect the constitutional rights of Kentuckians,” Cameron said within the release.
Cameron also noted that, while schools were closed to in-person learning, venues could still operate with 25 people or less “per room” under the governor's latest COVID restrictions.
“If it is safe for individuals to collect in venues, shop in stores, and operate in office environments, why is it unsafe for Kentucky schools to carry on in-person operations while using the same safety protocols?” Cameron wrote. “The Governor's orders are arbitrary and inconsistent with regards to school closures in Kentucky.”
In his Friday press release, Beshear said the skyrocketing numbers is why his administration has implemented new restrictions.
“We've got a lot more than 10,000 students quarantined right now just in line with the latter weeks alone. We've got to do so far better,” Beshear said. “Remember, your decisions are going to be what determines how many people live or die. Do your behalf.”
Crystal Staley, Beshear’s communications director, said the Kentucky Top court already ruled that Beshear “has the constitutional authority to issue orders towards saving lives.”
“The attorney general should stop playing politics and instead help Kentuckians know very well what it requires to defeat this virus,” Staley said.
She noted that lots of states are taking similar precautions to slow the spread of the coronavirus.
