Emily Sortor  |  May 12, 2020

Category: Covid-19

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A group of California residents have filed a lawsuit arguing that California’s coronavirus shutdown violates their constitutional rights.

The claims were filed by a woman planning her wedding, the parents of a disabled child, a high school senior, a musician, and a breast cancer survivor.

These California residents all share personal stories of how the shutdown has impacted their lives, in an effort to show that the shutdown represents an overreach of state and local authority.

The coronavirus California shutdown lawsuit was filed by Monica Six, Derek and Laurisue Medlin, Bailey Batten, Kenneth Ball, and Jane Doe against Governor Gavin Newsom, Attorney General Xavier Becerra, Director of the Governor’s Office of Emergency Services Mark Ghilarducci, and Director and State Public Health Officer Dr. Sonia Y. Angell.

The residents assert that these officials were primarily responsible for the coronavirus California shutdown and its effects.

For background, the residents explain that since the spring of 2020, the world has experienced a coronavirus outbreak.

They note that the coronavirus can cause respiratory problems and as a result, be fatal. In response to the problem, states and the federal government have implemented restrictions on travel and declared states of emergency.

The residents explain that on or around March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to deal with the threat of COVID-19.

On March 13, 2020, the federal government reportedly also announced a National State of Emergency because of the coronavirus outbreak.

These announcements were then allegedly followed by an Executive Order issued by Gov. Newsom on March 19, 2020, that required “all individuals living in the State of California to stay at home or in their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors.” Allegedly, the order was put in place until further notice.

In the eyes of the residents, the coronavirus outbreak order was outside the bounds of the governor — specifically, the residents argue that “none of the powers explicitly granted under the California State Emergency Services Act allow Newsom to sequester every Californian within their homes.”

coronavirus California shutdown affecting constitutional rights. The residents go on to argue that the California States Emergency Services Act gives few powers to restrict freedom of travel.

Allegedly, these powers were granted “in very limited measures to local authorities in a local emergency, not the Governor in a statewide emergency.”

The coronavirus California shutdown lawsuit also asserts that the shutdown measures violates the residents’ constitutional liberties, granted both by the California Constitution and the United States Constitution.

Allegedly, the right to liberty is granted by Article 1, Section 1 of the California Constitution. The residents go on to say that this violates the right to liberty, as granted by the Fifth Amendment, and the right to equal protection of the laws under the Fourteenth Amendment.

The coronavirus California shutdown lawsuit goes on to argue that the shutdown violates guidelines set forth by Attorney General William Barr, regarding safety measures put in place to help slow the spread of the coronavirus.

He allegedly stressed that “the Constitution is not suspended in times of crisis.” The residents argued that Attorney General Barr had warned states to not violate Constitutional rights in implementing the safety measures.

Allegedly, Attorney General Barr argues that “if a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.”

In the eyes of the residents, the coronavirus California shutdown constitutes an overbearing infringement. The residents further support their claim that the shutdown is a violation of rights by noting that the results of the coronavirus are less severe than anticipated, but despite this reduced threat, the state of California has not taken action to loosen travel restrictions.

The coronavirus California shutdown lawsuit goes on to say that the shutdown represents a violation of the Fourteenth Amendment, specifically because it does not apply to everyone equally. The plaintiffs argue that the shutdown’s exceptions granted to certain businesses indicate that not all residents are equally protected under the law, as the Fourteenth Amendment requires.

Do you think state shutdown orders in the wake of the coronavirus outbreak are illegal? Let us know in the comment section below.

The California residents are represented by Harmeet K. Dhillon, Mark P. Meuser, and Gregory R. Michael of the Dhillon Law Group Inc.

The Coronavirus California Shutdown Lawsuit is Monica Six, et al. v. Gavin Newsom in his official capacity as the Governor of California, et al., Case No. 2:20-cv-04193, in the U.S. District Court for the Central District of California.

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117 thoughts onCalifornia Lawsuit Claims Coronavirus Shutdown Is Unlawful

  1. Marrianne Rayhill says:

    I am a self-employed, 20-year,CA REAL ESTATE BROKER, in Southern California and we had 3 phases of lockdowns and it definitely affected my business and income producing potential. I am a member of this class and would ask to be included. Additionally, I am willing to be a class representative, if the need arises.

  2. Dennis says:

    Add me. I’m a resident & the first lockdown was as unlawful as the next one, that is coming up.

  3. Kristi phillips says:

    Please add me also

  4. Valerie Stillman says:

    Add me!

  5. Jose A Maldona do Jr says:

    I would like to sue the state of California for keeping me from working and potentially causing me to lose my house

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