A group of Washington residents who claimed they were deemed โnonessentialโ say the stay-at-home order instituted by Governor Jay Inslee has violated their civil rights and โcreated an unacceptable tyrannyโ 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 Insleeโs order.
Some of the plaintiffs say that they have been deemed a โNonessential Washingtonianโ 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 Insleeโs office, the stateโs โStay Home, Stay Healthyโ order banned all gatherings and also required many businesses to close if they were not โessential to the healthy functioningโ of the community or could not facilitate remote work.
The order came after the governorโs office confirmed that more than 2,000 state residents had come down with the coronavirus and more than 100 had died.
โThis is a human tragedy, on a scale we cannot project,โ said the governorโs statement. โItโs time to hunker down in order to win this fight.โ
The coronavirus stay-at-home order class action lawsuit claims that the governorโs executive orders violated the civil rights of Washington residents, as well as the U.S. Constitution.
โOn 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,โ 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.
โDefendant 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,โ states the coronavirus stay-at-home order class action lawsuit.
โHis 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.โ
The plaintiffs point out that Governor Inslee swore an oath of office pursuant to provisions of the U.S. and Washington constitutions. The governorโs 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 โNonessential Washingtonians,โ which include individuals whose businesses were either deemed nonessential or do not appear on the list of essential businesses under the stateโs executive order.
The proposed Class Members also include those whose โliberty interests were terminatedโ 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
Please add me I live in maine with stay at home order
In az add me.
I would like to be added. Thank you
Please add me as I live in Virginia which is a Commonwealth state. We are still under the stay at home order until at least June 10, 2020. They began opening the non essential worker today but with extreme safety precautions
I forgot to say that I live in hud high rise building to which they told us we could not have any visitors or guest over at all. I live in Cranston Rhode Island
Please add me. I live in RI and we just got stay at home order lifted a little u can go out with mask on everyone except children under the age of two. But u canโt be in a group of over 5 people. The beaches or parks arenโt open.
Arixona
Affected my mental status and forced to wear a mask breathing my own CO2 how healthy is that
Please add me
Iโm in KY we dont have that many cases and most are in nursing homes and jails. I have mental issues and the stay at home has been very tough. My son has an i.e.p and the N.T.I training has been terrible for him. He was so far behind b4 now he is even more.
I live in Ny and we have a stay at home order. I am a mother of 4 and not only is this not healthy to be stuck in the house but its severely unhealthy for my kids to be stuck in the house and it is not away for them to live. Its out of control we have been exposed To this virus for 3 months before this stay at home order more than half of us probably all ready had it and we will get it at some point. We cant live in fear indefinitely when we dont know the real facts about any of this.
I live in Kittitas wa. Would I be a part of this law suit
Missouri has a Stay At Home Order too! All of this is a bunch of crap.
Please add me
Yes, Alabama is a state that has a โStay At Home Orderโ
Please include me in this Class Actiom