Schools, Churches, Families Bring Class Action Lawsuit Over Kentucky COVID-19 Restrictions

A group of Kentucky schools, churches, and families is taking the state’s governor and the state’s health department director to court in a class action lawsuit over state-mandated COVID-19 restrictions. 

Eight different private religious schools and three families filed the complaint against Kentucky Governor Andrew Beshear and Northern Kentucky Health Department Director Lynne Saddler, claiming their COVID-19 orders violate religious liberty and First Amendment protections. 

The plaintiffs argue their rights were infringed upon after a statewide order issued March 19 that included closing Kentucky’s schools and churches.

The plaintiffs say the CDC never recommended that schools be shut down, claim the CDC hasn’t proven COVID-19 is spread in classrooms, and believe in-person teaching is better than remote learning. 

The class action lawsuit describes what the plaintiffs believe to be a conflicting set of standards between what the orders allow and prohibit, specifically claiming religious discrimination in what it bans. 

Gov. Beshear’s series of shutdown orders in March were written broadly, according to the complaint, but specifically singled out “faith-based” gatherings.  Those orders did not qualify the type of religious events that were banned, either, the plaintiffs said.

This latest legal action joins a litany of others relating to the coronavirus outbreak. 

The order did not provide for social distancing measures or whether the venue was inside our out, according to the class action lawsuit. In contrast, the plaintiffs said, Gov. Beshear’s COVID-19 restrictions allowed secular activities. 

The lawsuit points out how the statewide COVID-19 restrictions permitted retail and grocery stores to remain open, with mitigation, as well as offices and factories— but not churches.

The lawsuit cited the order as evidence the Governor was discriminating against the religious: “[a]ny event or convening that brings together groups of individuals, including, but not limited to, community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities.”

Plaintiffs describe Gov. Beshear’s enforcement of Kentucky’s COVID-19 restrictions following the order in the complaint as further evidence of infringement, specifically citing a resulting ruling by the court’s Sixth Circuit. 

Days before Good Friday, according to the class action lawsuit, Gov. Beshear announced stepped up enforcement of his COVID-19 restrictions. Part of that enforcement included writing citations to violators by recording license plates on those attending church services, the plaintiffs said. 

Those who were sanctioned would have to undergo a 14-day quarantine, in addition to facing misdemeanor charges. 

On Easter, Kentucky State troopers were dispatched to Maryville Baptist Church, a named plaintiff, and did just that. By May, an emergency appeal to the Sixth Circuit led the court to rule Kentucky’s COVID-19 restrictions “have several potential hallmarks of discrimination” and ordered church services to be permitted with proper precautions and social distancing. 

On May 9, Maryville Baptist’s congregation began meeting again, according to the complaint. 

Plaintiffs point to the contradictory nature of two of Governor Beshear’s executive orders on Kentucky’s COVID-19 restrictions. 

Executive Order 2020-968 prohibits gatherings inside a private residence of more than eight people, except for education, health care or child care purposes. 

The Duvalls, named plaintiffs in the class action lawsuit, say their family of 11 were breaking the law under this order every time they met at the table for dinner. 

Two other families each totalling over the maximum of eight that can gather under the order, make up named plaintiffs in the class action lawsuit and argue similar claims. 

Meanwhile, plaintiffs argue the orders allow movie theaters, gyms, places of work, and even public auctions to continue but with limited capacity. 

Gov. Beshear’s COVID-19 restrictions, during the month of March, conflicted with CDC statements about closing schools, according to the class action lawsuit. 

Citing a Washington Examiner article, the plaintiffs point to the CDC director claiming schools are the safest places for children to be in.   

Furthermore, while churches can continue to operate in closed spaces following the Sixth Circuit ruling, religious schools, despite holding similar activities, aren’t allowed, the class action lawsuit argues.

“The Constitutional right to attend religious instruction and education is one of the Nation’s most audacious guarantees,” the plaintiffs said. 

Formally, the class action lawsuit accuses Kentucky Governor Andrew Beshear and the state’s health department Director Lyne Saddler of violating the Free Exercise and Establishment clauses of the First Amendment, Freedom of Assembly, and Freedom of Speech. Plaintiffs are also claiming infringement on rights to private education and due process. 

Plaintiffs want the Kentucky’s COVID-19 restrictions ordered unconstitutional by a judge, are asking for injunctive relief, and are seeking compensatory damages. 

Do you live in Kentucky and believe Gov. Beshear’s COVID-19 restrictions infringe on your religious liberties? Let us know in the comments below. 

Counsel representing the plaintiffs in this class action lawsuit are Christopher Wiest of Chris Wiest, Atty at Law, PLLC; Thomas Bruns of Bruns Connell Vollmar Armstrong, LLC and Robert A. Winter, Jr.

The COVID-19 Restrictions Class Action Lawsuit is Pleasant View Baptist Church, et al. v.  Saddler, et al., Case No.  2:20-cv-00166-DLB-CJS in the U.S. District Court for the Eastern District Of Kentucky, Northern Division. 

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