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BESHEAR v. GOODWOOD BREWING COMPANY, LLC

2021-SC-0126-I.

635 S.W.3d 788 (2021)

Andy 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 & Family Services; and Steven Stack, in His Official Capacity as Commissioner of the Kentucky Department for Public Health, Movants v. GOODWOOD BREWING COMPANY, LLC d/b/a Louisville Taproom, Frankfort Brewpub, and Lexington Brewpub; Kelmarjo, Inc. d/b/a the Dundee Tavern; and Trindy's, LLC, Respondents.

Supreme Court of Kentucky.

Rehearing Denied December 16, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR MOVANT, GOVERNOR BESHEAR: Amy Denise Cubbage , Marc Griffin Farris , Steven Travis Mayo , Taylor Allen Payne , Laura Crittenden Tipton , Office of the Governor.

COUNSEL FOR MOVANTS, SECRETARY FRIEDLANDER & COMMISSIONER STACK: Wesley Warden Duke , David Thomas Lovely , Cabinet for Health and Family Services.

COUNSEL FOR RESPONDENTS: Oliver J. Dunford , Steven M. Simpson , Daniel T. Woislaw , Pacific Legal Foundation, Joshua Stephen Harp , Frankfort, Baughman Harp, PLLC.

COUNSEL FOR AMICUS, COMMONWEALTH OF KENTUCKY: Stephen Chad Meredith , Solicitor General, Office of the Attorney General.

COUNSEL FOR AMICUS, ROBERT STIVERS, PRESIDENT OF THE KENTUCKY SENATE: David Earl Fleenor , Office of the Senate President.

COUNSEL FOR AMICUS, DAVID W. OSBORNE, SPEAKER OF THE KENTUCKY HOUSE OF REPRESENTATIVES: David Eric Lycan , Embry Merritt Shaffar Womack PLLC.

COUNSEL FOR AMICUS, U.S. SENATOR RAND PAUL: Luke McClure Milligan , University of Louisville, Professor of Law.

COUNSEL FOR AMICI, SOUTHEASTERN LEGAL FOUNDATION, MACKINAC CENTER FOR PUBLIC POLICY, AND NEW CIVIL LIBERTIES ALLIANCE: Gregory Adam Napier , Troutman & Napier, PLLC, Lexington, John J. Vecchione , Jared McClain , New Civil Liberties Alliance.

This case is before us solely on review of a temporary injunction issued by the Scott Circuit Court. Having reviewed the record and arguments of the parties, we have determined that the hearing held by the trial court was inadequate and vacate the order granting a temporary injunction. Further, because the...

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