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Network for Public Health Law
Source and Scope of Public Health Legal Powers

Hayes v. Oregon

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Overview

Hayes v. Oregon (U.S. District Court, District of Oregon, February 3, 2021): After Hayes was denied entry to a farm store for refusing to wear a face covering, a federal court rejected his constitutional challenges to Oregon’s COVID-19 emergency declaration. Hayes asserted that the state’s emergency declaration violated his Due Process rights, clarifying on reconsideration that he was challenging the declaration of emergency itself as unjustified, rather than challenging a specific mask requirement. The court strained to identify any cognizable harms Hayes was alleging from his broad challenge. It noted as well that the requested relief would also invalidate every order made pursuant to the Governor’s emergency declaration. The public harm in granting such relief outweighed the potential harm identified in the complaint. Read the decision here. 

View all cases in the Judicial Trends in Public Health – March 15, 2021.

View all cases under “Source & Scope of Public Health Legal Powers.”