We would love legal minds to weigh in on this.
This picture is the citation form that @GovAndyBeshear & the Dept. for Public Health has sent to local health departments to issue to business & individuals who violate the orders. 1/9
First, for the sake of this inquiry, lets just assume two things that are not true. 1. That the Governor’s orders are constitutional, and 2. The local health departments have statutory authority to issue these fines. 2/9
According to KRS 13A.224 section (4)(a), in order to “implement, interpret, or prescribe law,” the order (face mask order as an example) must have “incorporation by reference.” 3/9
While the citation itself mentions the order & KRS 39A statute that the Governor is operating under, the order itself may not meet the statutory requirement of KRS 13A. This is an example of an administrative regulation that properly has “incorporation by reference.” 4/9
But as you can see here, @GovAndyBeshear’s face mask order does not have such a reference. This may make it legal void and any fines resulting from it void! You can find the full face mask order here: apps.legislature.ky.gov/law/kar/902/00… 5/9
Furthermore, the citation doesn’t provide those issued penalties with any due process information. It just says make check payable to the health department. No info on how to challenge it? No court date? A CLEAR violation of constitutional rights. 6/9
If you or someone you know is issued one, send it our way & describe your experience. Let us know if you’re given info on how to appeal it or if you’re given a court date. You could have a bald case to challenge it! We can’t allow @GovAndyBeshear to rule by executive fiat. 7/9
The media SHOULD start asking these questions. Why do WE have to be the ones doing this research❓
Thanks to to a friend for passing this along after they had it brought to their attention! Strong network 💪 🔔
Okay, Thoughts anyone? #KYFreedom 8/9
@LASmithReports @KyTodayEditor @TomL_Ky_Today @WLKYMark @drdesrochers @WDRBNews @courierjournal @heraldleader @WKYT @philtvnews @LEX18News @WHAS11 @SpectrumNews1KY @ABC36News @840WHAS @bgdailynews @WFPLNews @theRCnews @wave3news @OurKYHomeNews @Alvarado4Senate @slmeredithky1
The attorney that is undefeated against @GovAndyBeshear in court weighs in‼️Northern KY folks, keep your eyes & ears open. Who wants to bite the bullet & get cited so that we can challenge this❓
BTW, this attorney is sacrificing time & energy for the greater good. No profit!
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