May 18, 2020 2:20 p.m.(updated 3:40 p.m.)
On Monday, a Baker County Judge invalidated Oregon Governor Kate Brown’s restrictions on businesses and social gatherings along with every other order she issued under a state of emergency Brown ordered due to the COVID-19 pandemic, according to Oregon Public Broadcasting.
Baker County Circuit Court Judge Matthew Shirtcliff granted an injunction on more than 21 orders dating back to March 12th. The judge declined to stay the order, pending the review of a higher court, meaning it took affect immediately. That’s according to Ray Hacke, the attorney who brought the challenge on behalf of faith groups, businesses and others, according to OPB.
The lawsuit was filed on behalf of the Pacific Justice Institute, which takes on religious liberty cases. The suit represented a group of churches and 21 individuals.
OPB said Shirtcliff found that aspects of Brown’s orders resembled an aspect of state law that governs public health emergencies which he said comes with provision that they can’t be extended for more than 28 days. Brown’s emergency declaration was put into place for 60 days then extended for another 60 days earlier this month. Shirtcliff said that was illegal, in his ruling.
In response Governor Brown said “from the beginning of this pandemic, I have taken action to protect the health and safety of all Oregonians”. She said “we acted quickly and decisively at the beginning of the outbreak, using the best science and data available, to protect Oregon from COVID-19”.
Brown said the ruling will be appealed within hours to the Oregon Supreme Court to keep the emergency orders in effect. Brown’s release said the science behind these executive orders hasn’t changed. It said ongoing physical distancing, staying at home as much as possible and wearing face coverings will save lives across Oregon.
A statement from State Attorney General Ellen Rosenblum said when the legislature adopted public health emergency statutes, it specifically said that it was not limiting the governor’s authority to deal with large-scale emergencies. Rosenblum said she believed the court’s grant of a preliminary injunction is “legally incorrect”. Rosenblum said her office will argue that the judge erred in his construction of the relevant statutes and that he abused his discretion in issuing the preliminary injunction. Rosenblum said they will ask for an immediate stay of the order.
Rosenblum said “I urge Oregonians to continue to comply with the measures in place”. She said “they are there to protect all of us and they are working”.