"The KBE’s regulation is consistent with the language of HB 1 providing for public school operation when a school 'meets or exceeds all applicable guidance issued by the Centers for Disease Control and Prevention or by the executive branch, whichever is least restrictive,'" KDE spokeswoman Toni Konz Tatman stated.Ĭrystal Staley, the spokeswoman for Beshear, said the Supreme Court order "will dissolve Kentucky’s entire state of emergency for the COVID-19 pandemic." The KDE added that its mask regulation also followed all of the requirements of Senate Bill 2 - one of the challenged laws setting a 30-day expiration on emergency regulations - and is consistent with House Bill 1, another challenged law allowing organizations to follow CDC guidelines related to the pandemic. The restraining order against the mask mandate currently applies to all private schools in Kentucky, though masks are still required inside public K-12 schools and child care facilities because of separate emergency regulations issued days after Beshear's new order by the Kentucky Board of Education and Kentucky Department of Public Health.Ī spokeswoman for the Kentucky Department of Education released a statement declaring the Supreme Court's new opinion "has no impact" on the board's emergency regulation to require masks in public schools, as it acted under the authority of a separate state statute that was not reviewed by the court. Andy Beshear, who required masks to be worn inside all schools and child care facilities due to the recent alarming increase of COVID-19 cases and hospitalizations. District Court Judge William Bertelsman issued a temporary restraining order to block the enforcement of a new emergency order by Kentucky Gov. The ruling also comes just two days after U.S. The justices made the unusual decision to release the rulings in a special rendition announced earlier Saturday morning, as their next scheduled rendition day was not until Thursday. In a relatively minor victory for Beshear, the Supreme Court also ruled in a related case that a Scott Circuit injunction attempting to block Beshear from issuing future orders involving pandemic-related restrictions is vacated, as courts are “not empowered to enjoin possible future violations” of the law. More: The Kentucky State Fair is requiring masks indoors. The Franklin Circuit may also further adjudicate several constitutional aspects of the laws in question, such the 30-day expiration of emergency measures. Those laws will go back into place once the Franklin Circuit dissolves the injunction, though it is not certain when that will happen. More: State officials react to state Kentucky Supreme Court ruling on governor's emergency powersīeshear was successful in receiving the injunction in March to block several bills that would force his emergency orders and regulations to address the COVID-19 pandemic to expire after 30 days unless extended by a vote of the legislature. The unanimous ruling is mostly a victory for the Republican-dominated Kentucky General Assembly and Attorney General Daniel Cameron, who argued the legislation passed earlier this year to limit the governor's power was constitutional and should not have been blocked.Ī spokeswoman for the governor said the ruling would hamstring the administration's efforts to protect public health in the face of rising COVID-19 cases and hospitalizations, adding that Beshear will now consider calling a special session to extend the now-dissolved state of emergency. Andy Beshear's power to issue emergency orders, remanding it back to the court to be dissolved. The Kentucky Supreme Court ruled Saturday the Franklin Circuit Court was wrong to issue an injunction in March blocking several bills limiting the scope of Gov.
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