A group of Maine campgrounds have filed a lawsuit against Governor Janet T. Mills, saying that the state’s campgrounds should be allowed to operate. They argue that the governor’s COVID-19 closure orders have put financial strain on the camping industry.

The Maine campground closure lawsuit was filed by Bayley’s Camping Resort in Scarborough, and Little Ossipee Lake Campground in Waterborough, along with the owners of Little River Bar & Grill and the Seaside Square Café.

They claim that the governor’s closure of many businesses has harmed the camping and restaurant industry in Maine.

Providing background for their claims, the campground owners recount that on March 15, Gov. Mills declared a state of emergency proclamation to allow her to use emergency powers in an effort to address the growing concern around COVID-19.

This was then followed by a March 24, 2020 executive order that determined businesses deemed non-essential would be required to close or cease operations that are public facing and cannot be conducted with less than 10 feet of space between individuals. Allegedly, this order included lodging operations and necessitated campground closures.

The order also instructed that those who travel into Maine must immediately self quarantine for 14 days, except when engaging in essential services, states the Maine COVID-19 lawsuit.

Allegedly, violations of travel restrictions, social distancing orders, and other elements of the COVID-19 executive order can result in penalties including a $1,000 fine and up to six months in jail.

The executive order was then reportedly extended through May 31, and the governor expressed that a “restarting plan” would be implemented, allowing various business and operations to reopen gradually.

Allegedly, this order has greatly affected the camping industry.

The campground owners explain that in Maine, the camping season generally runs from Memorial Day to Columbus Day.

They stress that many visitors are from out of state. Allegedly, the campground industry brings millions of dollars to Maine’s economy.

The Maine campgrounds lawsuit asserts that the campgrounds have experienced economic injury from the executive order, particularly because of the 14-day quarantine restrictions.

The plaintiffs state that many customers have canceled their reservations because the 14-day quarantine makes their travel unfeasible.

The owners then go on to say that the travel restriction and quarantine requirement of the executive order violate Maine residents’ Constitutional rights both guaranteed in the Maine Constitution and the Privileges and Immunities Clause of Article IV in the United States Constitution.

The Maine campgrounds COVID-19 order lawsuit also states that the governor’s order and reopening plan violates due process, and equal protection. The plaintiffs argue that the fact that the reopening plan relies on some businesses and operations being allowed to function while others must close is a violation of equal protection.

In particular, they point to the Rural Reopening plan to make this point, stating that the plan creates “winners” and “losers” out of “the same, similarly situated businesses, based solely upon their location within the State of Maine, even though they carry on the same activities, provide the same services, and cater to the same clientele.”

The Maine campgrounds assert that Maine is determined to be moderately affected by the coronavirus in comparison to other states in the nation. The Boston Globe reports that as of May 17, 2020, 1,687 cases of COVID-19 have been identified, and 70 people have died from the disease.

The Boston Globe then goes on to note that the current campground COVID-19 lawsuit is not the first complaint the state’s officials have received over the coronavirus closure requirements.

Reportedly, Maine’s Attorney General Aaron Frey had responded to similar claims made in an earlier Maine COVID-19 lawsuit by saying that the COVID-19 orders were not an overstep of authority as claimed, but were well within the governor’s existing authority to protect public health. He stated that the order was planned carefully to be within these authorities.

How will your summer activities be affected by COVID-19? Have you found creative ways to enjoy the season despite the current pandemic? Share your ideas in the comments below.

The campground owners are represented by Gene R. Libby, Tyler J. Smith, and Keith P. Richard of Libby O’Brien Kingsley & Champion LLC.

The Maine Campgrounds Closures Lawsuit is Bayley’s Campground Inc. d/b/a Bayley’s Camping Resort, et al. v. Janet T. Mills, Case No. 2:20-cv-00176-LEW, in the U.S. District Court for the District of Maine.