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Network for Public Health Law
Public Health Emergency: Legal Preparedness and Response

Honorable Andrew Beshear et. al. v. Florence Speedway, Inc. et al.

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Overview

Honorable Andrew Beshear et. al. v. Florence Speedway, Inc. et al., (Kentucky Supreme Court, July 17, 2020): The court stopped orders by 2 lower courts preventing enforcement of certain executive orders pertaining to the COVID-19 pandemic. In June 2020, Governor Beshear issued executive orders related to the operation of automobile racing tracks, childcare programs, and venues/event spaces, limiting the capacity of these businesses, requiring social distancing and personal protective equipment, creating additional disinfecting standards, and requiring special trainings.  The constitutionality of these executive orders and the administrative process utilized in their promulgation were challenged at the circuit court level, which prevented their enforcement. The Kentucky Supreme Court struck down the circuit court decisions, authorizing enforcement of the Governor’s executive order under his broad emergency powers. Read the decision here.

View all cases in the Judicial Trends in Public Health – August 11, 2020.

View all cases under “Public Health Emergency: Legal Preparedness & Response.”