A county judge in Oregon declared Gov. Kate Brown’s pandemic restrictions “null and void” because her emergency order was not approved by the state legislature after 28 days.
Baker County Circuit Judge Matthew Shirtcliff ruled Monday on a lawsuit that was filed by several churches who said social distancing measures were unconstitutional.
“As of now, the orders are no longer in effect,” Hacke said. “The whole point is our clients have been irreparably harmed and they are being irreparably harmed every day they cannot practice.”
Shirtcliff, meanwhile, argued that churches suffered “irreparable harm'' for not being able to exercise their religious freedoms.
“This court understands that the current pandemic creates an unprecedented crisis in the state as well as in our country,'' Shirtcliff ruled, adding that he has to protect health concerns against the right to freedom of worship.
Brown said she would immediately appeal the ruling.
She added, “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.”
The case involves executive orders that mandate businesses to close and prohibit dining at bars and restaurants throughout Oregon. Festivals, sporting events, and related events have also been shuttered.
Brown’s initial emergency declaration had lasted for 60 days, and earlier in May, she extended it for an additional 60 days. Shirtcliff found that the move was illegal, OPB reported.
“Because the Governor implemented statutory provisions, she is bound by them,” the judge wrote. “Thus, once the maximum 28-day time provisions… expired, the Governor’s Executive Order and all other orders were rendered null and void.”
Shirtcliff, the former district attorney of Baker County, was appointed by Brown last November.
“Will some people be affected badly? Yes,” Trump said on May 5. “But we have to get our country open, and we have to get it open soon.”