Honorable Andrew BESHEAR, in His Official Capacity as Governor of the Commonwealth of Kentucky; Eric Friedlander, in His Official Capacity as Secretary of the Kentucky Cabinet for Health and Family Services; Dr. Steven Stack, in His Official Capacity as Commissioner of the Kentucky Department for Public Health; the Kentucky Cabinet for Health and Family Services; and the Kentucky Department for Public Health, Petitioners,
v.
Honorable Glenn E. ACREE, Judge, Kentucky Court of Appeals; and Honorable Richard A. Brueggemann, Judge, 52nd Judicial Circuit, Boone Circuit Court, Respondents and
Florence Speedway, Inc.; Ridgeway Properties, LLC, d/b/a Beans Cafe & Bakery; Little Links Learning, LLC; and Honorable Daniel J. Cameron, in His Official Capacity as Attorney General, Real Parties in Interest.
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COUNSEL FOR PETITIONERS, ERIC FRIEDLANDER, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES; DR. STEVEN STACK, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE KENTUCKY DEPARTMENT FOR PUBLIC HEALTH; THE KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES; AND THE KENTUCKY DEPARTMENT FOR PUBLIC HEALTH: Wesley Warden Duke , David Thomas Lovely , Cabinet for Health and Family Services, Office of Legal Services.
COUNSEL FOR REAL PARTIES IN INTEREST, FLORENCE SPEEDWAY, INC.; RIDGEWAY PROPERTIES, LLC, D/B/A BEANS CAFE & BAKERY; AND LITTLE LINKS LEARNING, LLC, Christopher David Wiest.
COUNSEL FOR AMICUS CURIAE, ROBERT STIVERS, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE KENTUCKY SENATE: David Earl Fleenor , Office of the Senate President.
OPINION OF THE COURT BY JUSTICEHUGHES.
INTRODUCTION
On March 6, 2020, as the COVID-19 global pandemic reached Kentucky, Governor Andy Beshear declared a state of emergency pursuant to Executive Order 2020-215. In the ensuing days and weeks, he issued additional executive orders and emergency regulations to address the public health and...
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