{"id":"KY-032","kind":"order","level":"court","jurisdiction":"Kentucky","state":"KY","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of Kentucky (Minton, C.J.)","authority":"Ky. Const. secs. 110, 115; original action","instrument":"Beshear v. Acree, No. 2020-SC-0313-OA (Ky. Nov. 12, 2020), reported at 615 S.W.3d 780","title":"Opinion upholding the Governor\u0027s COVID-19 emergency declaration and orders under KRS ch. 39A","dateIssued":"2020-11-12","effective":"2020-11-12 (stay of all injunctions in force since July 17, 2020)","end":"n/a","startDate":"2020-11-12","endDate":"2021-09-30","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER"],"addressees":["Boone and Scott Circuit Courts","Northern Kentucky business plaintiffs","Attorney General"],"clause":"On July 17, 2020 and pursuant to Section 110 of the Kentucky Constitution, this Court entered an order staying all orders of injunctive relief... In sum, the Governor properly declared a state of emergency pursuant to KRS 39A.100 because the COVID-19 pandemic constitutes the \u0027occurrence\u0027 of a biological and etiological hazard as delineated in KRS 39A.010.... Ultimately, we conclude that the Governor is largely exercising emergency executive power but to the extent legislative authority is involved it has been validly delegated by the General Assembly consistent with decades of Kentucky precedent, which we will not overturn.","enforcement":"Judgment of the Commonwealth\u0027s highest court; every challenged order (mask mandate, capacity limits, closures) remained enforceable","functions":["all functions (validity of the regime)"],"notes":"Pins: stay order at 785-86 of the slip (p. 785 line \u0027On July 17, 2020\u0027); \u0027In sum\u0027 holding at slip p. 39; conclusion at slip p. 41; Cameron v. Beshear cites 615 S.W.3d at 802, 812-13","sourceUrl":"http://opinions.kycourts.net/sc/2020-SC-0313-OA.pdf","snapshot":"","fileExists":true,"fileBytes":537323,"grade":"primary","character":"","description":"","collection":"KY","url":"/library/KY-032","exhibitUrl":"/exhibit/KY-032","citation":"Supreme Court of Kentucky (Minton, C.J.), Beshear v. Acree, No. 2020-SC-0313-OA (Ky. Nov. 12, 2020), reported at 615 S.W.3d 780 (Ex. KY-032)","stateName":"Kentucky","related":["DUT-KY-001","DUT-KY-003","DUT-KY-007","DUT-KY-017","DUT-KY-018","KY-001","KY-022","KY-035","KY-063"]}