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A group of Washington residents who claimed they were deemed “nonessential” say the stay-at-home order instituted by Governor Jay Inslee has violated their civil rights and “created an unacceptable tyranny” in the state.
The lead plaintiffs include the chairperson of the Franklin County Republican Party, along with a nurse, political activist, a wedding planner, a pizza parlor owner, a beauty salon owner, and a car dealership owner.
The plaintiffs all say that they have not become ill; however, their businesses were closed and/or their fundamental liberty interests were restricted under Governor Inslee’s order.
Some of the plaintiffs say that they have been deemed a “Nonessential Washingtonian” under executive orders issued by the governor starting March 23 in an attempt to stop the spread of the coronavirus.
As a result, they are allegedly unable to pursue their livelihoods or have been denied access to so-called nonessential businesses.
According to a statement released by Governor Inslee’s office, the state’s “Stay Home, Stay Healthy” order banned all gatherings and also required many businesses to close if they were not “essential to the healthy functioning” of the community or could not facilitate remote work.
The order came after the governor’s office confirmed that more than 2,000 state residents had come down with the coronavirus and more than 100 had died.
“This is a human tragedy, on a scale we cannot project,” said the governor’s statement. “It’s time to hunker down in order to win this fight.”
The coronavirus stay-at-home order class action lawsuit claims that the governor’s executive orders violated the civil rights of Washington residents, as well as the U.S. Constitution.
“On March 23, 2020, under Executive Order 20-25, Jay Inslee imposed a Stay Home Stay Healthy Order throughout Washington State which prohibited all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business, within the limitations provided herein,” explains the complaint, noting that restrictions on some recreational activities were eased in a later executive order that extended the original order to May 4, 2020.
According to the coronavirus stay-at-home order class action lawsuit, Governor Inslee lacked the authority to issue the sweeping restrictions in the first place.
“Defendant Jay Inslee has created an unacceptable tyranny in the state of Washington in violation of the Declaration of Independence upon which this nation was constructed, in violation of the Articles and Amendments of the Constitution of the United States, and in violation of the Constitution of the state of Washington,” states the coronavirus stay-at-home order class action lawsuit.
“His attempt to assert himself as tyrant has restricted and denied the liberty of all Washingtonians and has violated the civil rights of the discreet class of plaintiffs named herein.”
The plaintiffs point out that Governor Inslee swore an oath of office pursuant to provisions of the U.S. and Washington constitutions. The governor’s COVID-19 related restrictions violated his oath of office, alleges the coronavirus stay-at-home order class action lawsuit.
Additionally, the complaint argues that the restrictions on nonessential businesses and workers were enacted without providing Washingtonians due process, including notice, a hearing, adjudication, the opportunity to present witnesses, a decision, or right to appeal.
The coronavirus stay-at-home order class action lawsuit seeks to represent “Nonessential Washingtonians,” which include individuals whose businesses were either deemed nonessential or do not appear on the list of essential businesses under the state’s executive order.
The proposed Class Members also include those whose “liberty interests were terminated” along with those who closed their businesses in response to the March 23, 2020 executive order.
The plaintiffs are seeking a court order prohibiting Governor Inslee from creating additional, similar restrictions, along with damages, which the plaintiffs say amount to a minimum of $100,000.
The lawsuit also seeks declaratory judgments from the court stating that the governor violated various provisions of the U.S. and Washington Constitutions.
The striking spread of COVID-19 and subsequent restrictions have given rise to a number of legal issues. Top Class Actions offers a complete legal guide to the coronavirus to help consumers stay on top of the issues.
Do you live in a state with a stay-at-home order? Tell us your experience in the comment section below!
The lead plaintiff and proposed Class Members are represented by Stephen Pidgeon Attorney at Law PS.
The Coronavirus Stay-at-Home Order Class Action Lawsuit is Didier, et al. v. Inslee, Case No. 3:20-cv-05408, in the U.S. District Court for the Western Division of Washington.
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504 thoughts onCoronavirus Class Action Says Stay-at-Home Order Is Illegal
I live in Michigan and Governor Whitmer has way over stepped her boundries as far as the stay at home order. We could not buy vegetable seeds paint, wood any thing that we needed to prepare for a garden. If we had a roof leak we were not allowed to buy materials that would help us repair the issue. She made it so all the big box stores had to tape the sections off and we were not allowed in. She went as far as to say that we needed to Social distance and a gentleman was out fishing alone and they gave him a ticket because he was using a motor on his boat! We had people that were driving their cars and they were ticketed for doing so. We are still as of today under the stay at home order 5/6/2020 and she will not lift it until May 28th, 2020. Maybe she says. I think this is totally an over reach of her powers which has devasted out business and work force. She said that she is waiting for some federal help! Really. We are all trying to survive on a meesly 1200.00 stimulus check and it seems to me that no one cares what happens to any of us.
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I also had to stop working in Dallas Tx and find it unconstitutional that our rights were taken from us to make a living .. I’m a hairdresser and then I could t even qualify for unemployment help… it’s been like 8.5 weeks I can’t work or make money… when the New England journal of medicine in 89’ classified corona as a common cold Nd then Fauci in Feb 2020 wrote in the NEJM listed it as .01% when the flu is listed at -“1% that’s even less and he stated it as a cold and then the next day goes on saying all this pandemic stuff and licks the world down .. this is unacceptable and wrong in so many ways .. please add me
Yes, Governor John bell Edwards has issued a stay at home order for louisiana, there was a protest at the capital Friday April 30,2020. Some businesses said they were opening back up May 4, but he went on tv and said NO nonessential business had the right to reopen without his authority! The stay at home order is still on as of today 5/5/20! I feel this is a volition of my civil rights also!! He should not have the right to make anyone stay home!! People need to work and live, kids need to go to school!!
The stay at home order as well as closures etc caused me to go without my life sustaining medications as i couldnt get them refilled until i found a different doctor and with the order s in place my hands were tied as a result my blood pressure went up stayed up and i now have a heart mur mur as well having ekg on 5/10/20
Jjaquez10@yahoo ,my mother have live in a section 8 building for 38 years .she has the right to add family member to her lease and on several occasions that right has been sent without cause.or clear legal explennation.exposing family members to hardships,violation of their civil,and individual rights,and they have done this on a regular basis in a discriminatory way to minirity,with the clear purpose of displacing minorities from this building with the sole purpose of renting those apartment to well off more affluent individuals with happen to be cacutians in recent mother is almost 80 years of age,and several family members has gone through this cituacion,seeing our right violated many times without no recourse or means of pursuing any legal remedies cause is a big company owning 100’s of building all over NY or maybe the whole country,we complaint to HUD.with no avail,it seems that they are turning a blind eye to this abuses,and in various ocacion have rejected to investigate the matter,by just washing their hands and refusing to take the matter into consideracion,by saying that any legal violation committed does not fall within the scope, or guidelines of what their consider a violation and give no directions to where we should bring this complaint to,or direct us to any other entity,where we can resolve this matter legally living us to the spends of the powerful rich company,and making us felling empty and hopless,seen ours right violated times again,,we will appreciate if this matter can be objectively investigated since this company hasbeeing committing this abuses against por families that the only way that we can get some usted is if the entities entrusted with our legal protection under the law falls in their hands, and they discard us to the garbage,I would like to find someone in the legal community that has the courage and the means to pursue justice for the less fortuned,i not only blame the company that committed this legal atrosities,but the entities in charge of our legal protecion,that under housing laws are mandated to refer the matter to the appropriated office to be evaluated and investigated,I complained to,HUD the office in charge of protecting legal right of the tenants, I’m not a lawyer.but common sence,reazoning,and legal knowledge in some legal matters in respect to tenants, individual, rights assure me a success if pursue with justice in mind,If interested this is my email,but preferably to be contacted by phone ,347 569 2897 jose jaquez reciding illegally in the apartment located at 402 south 2nd street apt 2A brooklyn NY 11211
It’s not just happening to black and brown people. Can’t we drop the “I hate white people” rhetoric. This is happening to ALL Americans. It’s primarily the democratic party members that are instituting these draconian rules, supposedly the very people that are supposed to be representing monorities. Stop electing these people. They don’t care, they just want your votes.
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