Ky Supreme Court settles the Governor's power issue during a pandemic, for now


Face mask mandate is IN PLACE and should be followed by Kentuckians to help lessen the spread of virus. Businesses do have the right to turn away customers not wearing a mask.

  • Governor Andy Beshear
    Governor Andy Beshear

In the Scott and Boone County COVID-19 casesFriday afternoon, the Kentucky Supreme Court issued a stay on the temporary injunctions over Governor Andy Beshear's executive orders.

Many have held up the Scott County case as a reason to not have to legally wear a face mask under the guidelines set forth in Beshear's order. With the stay, the requirement to wear a face mask through the governor's 30 day time set is in place.

“Given the need for a clear and consistent statewide public health policy and recognizing that the Kentucky legislature has expressly given the Governor broad executive powers in a public health emergency, the Court orders a stay of all orders of injunctive relief until such time as the various orders are properly before the Court with a full record of any evidence and pleadings considered by the lower courts,” the ruling read.

“As many of you are aware, the attorney general had filed a motion to try to void every single order that had been put out to fight this pandemic,” the Governor Beshear said in a press release. “That would mean every single set of rules that keep people safe, but that also means workers’ compensation for our first responders when they’ve gotten quarantined because they’ve gotten the virus or been exposed to the virus. It was also almost every bit of flexibility we’ve been able to offer to our schools during this pandemic.”

“Up until an hour ago, we faced a horribly uncertain future where a request had been made to have zero rules, the Wild West,” he added. “No requirements to wear a mask even though Alabama and Colorado have both done it in the last couple of days. Without requiring businesses to do the cleaning that would make sure that you don’t catch COVID-19. Without the requirement to even wash or sanitize your hands. It threatened all of the extra support that we’ve given to our first responders and it would be devastate our school systems.”

Attorney General Daniel Cameron posted on his Facebook page, "

The Supreme Court today indicated it will hear the challenges we and Kentucky businesses raised as to the process used by the Governor to issue COVID-19 executive orders.

As important issues are being considered in these cases, we respect the Supreme Court’s decision to maintain these orders until the court can undertake its proceedings. Our goal in joining these cases is that the law is followed and the rights of Kentuckians are protected. We look forward to having the Supreme Court take up these important issues in the coming days."

The Scott County case was over agritourism and was a suit originally brought by Evans Apple Orchard and joined by Cameron and Ag Commissioner Ryan Quarles. The Boone County suit had been brought by Florence Speedway in Walton, Theodore J. Roberts of Burlington, Ridgeway Properties, LLC d/b/a Beans Café & Bakery in Dry Ridge and Little Links to Learning in Fort Wright. who were concerned on the edicts facing their ability to operate. Cameron had also joined the lawsuit.