Judge finds Oregon's coronavirus restrictions to be unconstitutional, and therefore "null and void"

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Mark Crispin Miller

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May 18, 2020, 7:14:05 PM5/18/20
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Judge Rules That Oregon Virus Restrictions Are Invalid

By The Associated Press

  • May 18, 2020Updated 5:19 p.m. ET

https://www.nytimes.com/aponline/2020/05/18/us/ap-us-virus-outbreak-oregon-1st-ld-writethru.html


SALEM, Ore. — A judge in rural Oregon on Monday tossed out statewide coronavirus restrictions imposed by Democratic Gov. Kate Brown, saying she didn’t seek the Legislature's approval to extend the stay-at-home orders beyond a 28-day limit.

Baker County Circuit Judge Matthew Shirtcliff issued his opinion in response to a lawsuit filed earlier this month by 10 churches around Oregon that argued the state's social-distancing directives were unconstitutional.





Brown said she would immediately seek an emergency review by the Oregon Supreme Court. Her attorneys asked the judge to stay his ruling until the high court could review the case, but he declined.



In a seven-page opinion, Shirtcliff wrote that the damage to Oregonians and their livelihood was greater than the dangers presented by the coronavirus. He also noted that other businesses deemed essential, such as grocery stores, had been allowed to remain open even with large numbers of people present and have relied on masks, social distancing and other measures to protect the public.

“The governor’s orders are not required for public safety when plaintiffs can continue to utilize social distancing and safety protocols at larger gatherings involving spiritual worship,” he wrote.

Similar actions have occurred in other states.

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