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County judge suspends Governor Brown's COVID-19 executive orders in church lawsuit

A judge in the Baker County Circuit Court has approved a preliminary injunction for the plaintiffs in a suit against Governor Kate Brown, rendering her executive orders 'null and void.'

Posted: May 18, 2020 12:21 PM
Updated: May 18, 2020 5:44 PM

BAKER CITY, Ore. — A county judge has effectively suspended Governor Kate Brown's coronavirus-related executive orders while presiding over a lawsuit brought by Oregon churches and other individuals.

Baker County Circuit Court judge Matthew Shirtcliff approved a request from the plaintiffs for a preliminary injunction on the order, denying a request from state attorneys for a stay on the decision.

The lawsuit itself comes from at least 10 Oregon churches and multiple individuals who argue that Governor Brown's orders are not consistent with the state constitution or legal statutes. They are represented by attorney Ray Hacke of the Pacific Justice Institute.

“These churches don’t want to live in fear of violating the law, they don’t want their congregants to live in fear of violating the law,” Hacke told NewsWatch 12 last week. “A lot of churches share Governor Brown’s concerns about public health and safety, they don’t want to endanger anybody in their congregation, they certainly don’t want to endanger anybody in the community.”

While the vast majority of Oregon counties have entered Phase One of reopening, churches in particular continue to see restrictions that some find unacceptable. Under Phase One, socially distant gatherings of 25 people or less are allowed, opening the door to smaller services. Regardless, the plaintiffs in this case are arguing for a total rollback of these gathering restrictions.

Brown's lawyers requested a 48-hour hold on the judge's Monday decision, but the Baker County judge denied the request. According to Hacke, this makes Brown's coronavirus orders "null and void" effective immediately.

Both Hacke and a representative from Governor Brown's office acknowledged that the ruling, whatever its merit, applies broadly to the extended executive orders — many of which have been in place since March — and not narrowly to religious gatherings.

Shortly after 12:30 p.m. on Monday, Governor Brown's office issued a statement arguing that the science behind her orders "hasn't changed one bit," in spite of the court's decision.

“Today’s ruling from the Baker County Circuit Court will be appealed to the Oregon Supreme Court within hours to keep my emergency orders in effect," Brown said. "This will ensure we can continue to safeguard the health of all Oregonians — including frontline health care workers, those living in nursing homes, workers in agriculture and food processing plants, and Oregonians with underlying health conditions –– while the legal process moves forward."

State Attorney General Ellen Rosenblum agreed, saying in a statement that her office would immediately appeal the decision to the Oregon Supreme Court.

"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. “With all respect, I believe the trial court’s grant of a preliminary injunction is legally incorrect. We will argue that the judge erred in his construction of the relevant statutes and that he abused his discretion in issuing the preliminary injunction. We will also be asking for an immediate stay of his order."

"Reopening the state too quickly, and without ongoing physical distancing, will jeopardize public health and cost lives," Brown continued. “It is irresponsible to dismiss the health risks and science behind our measures to stop COVID-19. We would be faced with the prospect of another mass outbreak without the tools that have proven to be effective in protecting our friends, families, neighbors, and loved ones from this disease.”

“I urge Oregonians to continue to comply with the measures in place," Rosenblum said. "They are there to protect all of us, and they are working. We are in close contact with the Governor and intend to support, as allowed by law, the critical work she has done, guided by public health experts, to ensure the safety and health of all Oregonians.”

NewsWatch 12 is working to get more information on the decision and its ramifications. This article will be updated as more details emerge.

Oregon Coronavirus Cases

Data is updated nightly.

Cases: 387485

Reported Deaths: 5116
CountyCasesDeaths
Multnomah59768836
Washington41571393
Marion39592504
Clackamas32426376
Lane29856354
Jackson24672350
Deschutes23182185
Umatilla15087180
Linn14488178
Douglas13236286
Josephine10057240
Yamhill9665142
Klamath8979145
Polk813698
Benton605137
Malheur591586
Coos5573106
Columbia423855
Jefferson416865
Lincoln357252
Union336854
Crook330156
Wasco314846
Clatsop258335
Baker217531
Tillamook214345
Hood River211337
Morrow197025
Curry190136
Harney119332
Grant108314
Lake104016
Wallowa74713
Sherman1903
Gilliam1844
Wheeler1141
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Cases: 5060666

Reported Deaths: 74152
CountyCasesDeaths
Los Angeles152491227121
San Diego4047084319
Riverside3849455306
San Bernardino3718825944
Orange3329505675
Sacramento1674002423
Kern1565171781
Fresno1558992246
Santa Clara1511691922
Alameda1246581504
San Joaquin1070001833
Ventura1036461188
Contra Costa1032921045
Stanislaus912991413
Tulare856141082
San Francisco56614669
San Mateo56058629
Monterey52340625
Solano47422356
Santa Barbara47035548
Merced44807664
Sonoma42912412
Placer41881468
Imperial38128769
Kings35038358
San Luis Obispo31294358
Madera26005311
Shasta25917440
Butte25295309
Santa Cruz22028222
Yolo21451257
Marin18342248
El Dorado18166161
Sutter14494181
Napa13372104
Yuba1070088
Tehama10230129
Humboldt10043117
Nevada9914103
Mendocino848894
Lassen792355
San Benito775977
Tuolumne767790
Lake6990110
Amador573766
Siskiyou470954
Glenn455136
Calaveras435685
Del Norte371242
Colusa323519
Inyo254345
Plumas19127
Mono18294
Mariposa156718
Trinity98817
Modoc7475
Unassigned2430
Sierra2170
Alpine1060
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