Coronavirus Class Action Says Stay-at-Home Order Is Illegal

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.