BOONE COUNTY, Ky. —  Gov. Andy Beshear (D) is filing paperwork to move a Boone County lawsuit against some of his COVID-19 executive orders to the Court of Appeals and state Supreme Court.

This week a Boone County judge issued a temporary restraining order against several of Beshear's executive orders, allowing Florence Speedway to increase its capacity. The judge also plans on allowing a childcare center to host more children. Attorney General Daniel Cameron (R) joined the Northern Kentucky lawsuit filed by local businesses. 

"This ruling is dangerous and would lessen and eliminate important protections that numerous states are using to stop the spread of the coronavirus," said a statement from the Governor's Office. "The ruling lessening day care protections comes on the same day that we learned 300 children in Texas day cares have contracted the virus. We will be filing the appropriate papers to move this case directly to the Court of Appeals and state Supreme Court. An attorney general should protect people, not put their lives in danger."

Cameron's office said Beshear's executive orders were "overbroad" and "unconstitutional."

"With nearly half of Kentucky’s workforce unemployed and the day-to-day lives of Kentuckians micromanaged by the Governor’s executive orders, it is incumbent upon us to challenge overbroad and unconstitutional orders and seek relief for our fellow citizens," said Elizabeth Kuhn, Cameron's communications director. "The Boone Circuit Court Judge indicated that he agreed with the arguments presented yesterday and will issue a temporary restraining order against some of Governor Beshear’s executive orders.”

This lawsuit could have a significant impact on childcare centers if the judge's order becomes statewide.

Childcare centers have been particularly hard hit by coronavirus closures. Last month, a Chamber of Commerce survey showed that 42 percent of centers could be forced to close in the coming months, forced out of business due to the months-long coronavirus shutdown. 

Beshear's office responded to the restraining order after it was announced, calling the plaintiffs' actions dangerous.

"Kentucky and America are at war with the coronavirus. Yesterday, the United States posted a single day high of over 50,000 new positive cases in a single day. States across the country are seeing dangerous surges, including Arizona, a state 1.5 times larger than us, which saw 88 people die on Tuesday alone," said Crystal Staley, Beshear's communications director. "Despite this stark reality, the plaintiffs here want to eliminate the powers and tools that Gov. Beshear and all other state governors are using to save lives and stop the virus. It is dangerous, reckless and could cost our families many innocent lives."