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RAMSEK v. BESHEAR

No. 20-5749.

989 F.3d 494 (2021)

Tony RAMSEK, Frank Harris, Theodore Joseph Roberts, and Tony Wheatly, Plaintiffs-Appellees, v. Andrew G. BESHEAR, Governor of Kentucky, Eric Friedlander, Acting Secretary of the Cabinet for Health and Family Services, and Steven Stack, Commissioner for the Kentucky Department of Public Health, in their official capacities only, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 3, 2021.

Attorney(s) appearing for the Case

ARGUED: Taylor Payne , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellants. Christopher Wiest , CHRIS WIEST, ATTORNEY AT LAW, PLLC, Crestview Hills, Kentucky, for Appellees. ON BRIEF: Taylor Payne , Travis Mayo , Laura Tipton , Amy D. Cubbage , Marc Farris , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, Wesley W. Duke , David T. Lovely , CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellants. Christopher Wiest , CHRIS WIEST, ATTORNEY AT LAW, PLLC, Crestview Hills, Kentucky, Thomas B. Bruns , BRUNS, CONNELL, VOLLMAR & ARMSTRONG, LLC, Cincinnati, Ohio, Robert A. Winter, Jr. , Fort Mitchell, Kentucky, for Appellees. Matthew F. Kuhn , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Amicus Curiae.

Before: SUHRHEINRICH, McKEAGUE, and READLER, Circuit Judges.

OPINION

Over the last year, governments at all levels have employed a range of precautionary measures in an attempt to curb the COVID-19 pandemic. In Kentucky, Governor Andrew Beshear's pandemic response included instituting a "Mass Gathering Order." By its terms, the Order prevented groups larger than ten...

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