GEORGETOWN, Ky. – Kentucky Agriculture Commissioner Dr. Ryan Quarles (R) announced Monday, June 29, he has filed a civil lawsuit in Scott County Circuit Court against Gov. Andy Beshear (D), claiming the implementation of several executive orders violates Kentucky’s Administrative Practices Act. 

What You Need To Know

  • Lawsuit names Governor, cabinet members, local health officials.

  • Complaint filed alongside Evans Orchard and Cider Mill.

  • Business owner says health district officals "unresponsive" to questions.

  • Quarles claims "selective" enforcement violates law.

Quarles announced the lawsuit alongside Jenny Evans, of Evans Orchard and Cider Mill, which is a co-plaintiff in the case.

The lawsuit also names Kentucky Secretary for the Cabinet of Health and Family Services Eric Friedlander, Kentucky Department for Public Health Commissioner Steven Stack, WEDCO District Health Department Public Health Director Crystal Miller, the Kentucky Cabinet for Health and Family Services and WEDCO Health District as defendants. The plaintiffs also argue the process of issuing these orders has “sideline[d] members of the public (and the General Assembly),” claiming both have legal rights to participate in the policy formulation process.

The official complaint specifically cites Gov. Beshear’s Executive Order 2020-215 executed on March 6, which declared the State of Emergency in Kentucky.

“During this State of Emergency, which is now more than 100 days old (with no end in sight), the Governor and other defendants issued numerous orders, policies, procedures, memorandums and other forms of action that restrict the rights and liberties of members of the public – all in violation of the Administrative Procedures Act and Sections 2, 27, 28 and 29 of the Kentucky Constitution,” according to the complaint.

The complaint contends the orders from the Beshear Administration violated Kentucky law because they do not follow the procedures required by the Administrative Practices Act. 

Evans Orchard and Cider Mill is a fifth-generation family farm-owned agritourism business in Georgetown, offering a you-pick orchard, a 96,000-square-foot playground, and a converted barn facility that can be rented for weddings and other events. During the pandemic, Evans Orchard adopted new public health guidelines, included reducing capacity to allow for social distancing, requiring customers and employees to wear facemasks, and doubling down on efforts to sanitize frequently touched surfaces.

Evans said the orchard has worked with the local health department in Scott County to comply with the orders for public-facing business and outdoor attractions. In one instance, Evans said a public health official told her she could not allow more than 10 individuals at a time into the business. In another, a local public health official waited five days before responding to an inquiry about reopening to the public, Evans said. The business has experienced major financial losses as a result, she said, adding if the executive orders remain in place, Evans Orchard will be unable to operate the playground and event venue profitably for the remainder of the calendar year.

“The Evans Family has put public health first every step of the way during the coronavirus pandemic,” Quarles said. “But they have also suffered immense financial losses due to restrictions issued by the Governor during the State of Emergency. While the orders may be well-intentioned, they violate the Administrative Practices Act, which contains significant protections for input from the public and the General Assembly during the rulemaking process.”

Quarles said Gov. Beshear’s orders have burdened small business further through “haphazard” and “selective” enforcement.

“In this case, the agencies responsible for communicating and implementing have been slow to provide guidance to this business,” Quarles said. “For agritourism businesses across the state, peak season is approaching in September and October. Our farm families need answers now.”

Evans said the orchard is a family operated business in a small, rural community that aims to open in a way that respects public health guidelines and also protects family, friends, and customers. 

“That’s why we have been so proactive in reaching out to our local health department: we want to do what is right to protect everyone,” she said. “However, the reality of these orders, and the way they have been issued and enforced, has set our dreams back for years. I pray our community understands that we take these actions today to protect everything we’ve invested into our small family farm.”

Kentucky Department of Agriculture attorney Joe Bilby said the Administrative Practices Act sets up important guardrails to ensure the right of the people to participate in the policymaking process.

“In an emergency, the law allows the government to promulgate a regulation that takes effect immediately, but it also preserves everyone’s right to participate in the notice-and-comment process,” Bilby said. “Allowing everyone to be heard makes the policy results better for all of us. For more than 100 days now, the Governor has imposed extraordinary restrictions on Kentuckians’ liberties without following the procedure required by law. It’s time for that to stop.”

Quarles said in times of crisis, power is stretched in ways that establish precedents we may come to regret. 

“It's important to be vigilant in guarding our principles – even during a pandemic,” Quarles said. “Given the continued spread of the virus, should Kentucky’s re-opening be halted or rolled back it is incredibly important the Administrative Practices Act be followed. Our aim is to ensure public health is protected, the American dream is preserved, and that our laws and institutions mean something."

Beshear's communications director, Crystal Staley, issued a statement about the lawsuit saying, "At a time when states to our south are reporting over 8,000 new COVID-19 cases each day, the parties bringing this lawsuit want to eliminate the public health guidance and requirements that are keeping Kentuckians safe. All businesses have to follow the same rules and guidance for outdoor weddigs and other activities. We are confident in the legality of these rules, and have identified numerous legal issues with the suit, including that it was filed in the wrong place. If the parties here won and the virus spread because the facility was not following proper guidance, it could threaten the reopening of our economy and public schools."