Circuit Court Judge Matt Shirtcliff of Baker County issued a decision today in the case Elkhorn Baptist Church, et al v. Katharine Brown Governor of the State of Oregon.

In this decision, he notes that the Governor did have the right to implement her orders by State statute rather than Article XA of the Constitution but, once having used the State Statutes must also be constrained by the same statutes. ORS 433.441 section 5 clearly states a 28 day limit is in conflict, thus her 60 day extension Executive Order is invalid. Executive Orders are null and void due to the time extensions.

The plaintiffs have "properly shown irreparable harm to both churches and businesses" by the extension of the Executive Orders. The injunction is in the public interest and injunction granted. Motion to dismiss by the State is denied as is "stay" of the injunction to the Oregon Supreme Court. A motion to stay for 48 hours was also denied.

In issuing his preliminary injunction, Baker County Circuit Judge Matthew Shirtcliff ruled that Brown had the authority to close churches and businesses during a public-health emergency. But he said the governor had exceeded the 28-day time window required in the Oregon Constitution for convening the Legislature to renew the order.

Shirtcliff's ruling was extensive: He invalidated all of the stay-home orders the governor has issued."Once the maximum 28-day period is exceeded," Shirtcliff said, "the governor's executive orders and all subsequent orders were rendered null and void."


--State Representative Bill Post

Post Date: 2020-05-18 14:37:57

Last Update: 2020-05-18 14:38:31