Rights are myths—obedience to servitude or jail is the reality. From [HERE] Last week, Kentucky Governor Andy Beshear signed an executive order that prohibits Kentuckians from crossing state lines, save for a limited number of exceptions, including employment, trips for necessary supplies or to seek medical care.
While the Democrat and neighboring Ohio Governor Mike DeWine, a Republican, have been lauded by political allies and opponents alike for their decisive action in response to the Covid-19 outbreak, the interstate travel ban marked a decisive shift in tactics.
More than the reiteration of guidelines for social distancing or closure of nonessential businesses, Beshear’s executive order subjects violators to possible criminal prosecution, and also requires residents currently located in another state to submit to a 14-day quarantine upon their return to the Bluegrass State.
Civil litigation followed on the heels of Beshear’s order. Kentucky resident Allison S. Alessandro – located immediately across the Ohio River from Cincinnati in Campbell County, Kentucky — sued the governor and Secretary of State Daniel Cameron three days later.
Alessandro argues the order violates her 14th Amendment rights and has prevented her from traveling to Ohio to visit friends and family, and has also deprived her of the use of Hamilton County, Ohio’s public parks.
Attorney Brian O’Connor, with the Cincinnati-based firm Santen & Hughes, denied a request to interview his client but gave his thoughts about the suit via email.
“I think our papers clearly show that the travel ban is unconstitutional,” O’Connor said, “and I’m confident the federal court will agree. Given the current state of affairs in our country, I sadly expect that we’re going to see a wave of constitutional cases like this across the country.”
The attorney continued, “Just this morning, I read a story in the Washington Post about police in New Jersey forcibly stopping an orthodox rabbi’s funeral and arresting people at the religious service.”
O’Connor said elected officials are continuing “to test the boundary between their authority and individual rights” during the coronavirus pandemic.
“And I feel strongly that constitutional lawyers like my partner Lou Sirkin and me have a duty to hold them accountable when they overstep,” he said.
O’Connor’s prediction of lawsuits stemming from travel bans seems well-founded, as Courthouse News has already reported on several similar cases across the country.
In Greensboro, North Carolina, a group of anti-abortion advocates who routinely stand and pray outside an abortion clinic filed a federal lawsuit against Mayor Nancy Vaughan and the Greensboro Police Department after several protesters were arrested and cited for violating a stay-at-home order.
Four Mocksville, North Carolina, residents claim the city continues to violate their First Amendment rights by refusing to allow them to congregate outside the clinic, even though the Greensboro order includes an exception for outdoor activities that comply with social distancing guidelines. [MORE]