LOS ANGELES – A lawsuit was filed in federal court, alleging Gov. Gavin Newsom and fellow lawmakers “used the coronavirus pandemic to expand their authority” and deprive citizens of their rights.
The suit, filed in Los Angeles by the Center for American Liberty, also names California Attorney General Xavier Becerra, Director of the Governor’s Office of Emergency Services Mark Ghilarducci and State Public Health Officer Sonia Angell as defendants.
Messages to a representative for Newsom were not answered. A spokesperson for the AG’s office referred a request for comment to the governor’s office.
According to the complaint, state lawmakers ruined plaintiffs’ “life-defining moments” as a result of the state shutdown.
“Defendants have used the coronavirus pandemic to expand their authority by unprecedented lengths, depriving plaintiffs and all other residents of California of fundamental rights protected by the U.S. and California constitutions, especially but not limited to the right to travel, the right to liberty, the right to the equal protection of the law and the rights protected by the California Emergency Services Act,” the lawsuit alleges.
“It is this court’s duty to defend these constitutional and statutory principles by safeguarding the rights and liberties of Californians that defendants violate,” the suit states.
Plaintiffs include Monica Six of Orange County who contends her April 21 wedding was canceled and reset for later this summer due to the closure of facilities, the lawsuit states.
Derek and LaurieSue Medlin allege they have been denied contact visits with their special-needs son, who lives in a non-medical residential home that provides 24/7 care, as a result of Newsom’s order, according to the lawsuit.
Plaintiff Bailey Batten of San Diego alleges in the complaint that state lawmakers ruined her high school graduation by causing it to be canceled.
Also, an anonymous woman, identified as a breast cancer survivor, contends that although her surgeon deems it necessary to schedule a reconstruction surgery, Newsom has banned hospitals from performing “cosmetic” procedures.
However, Newsom loosened the state’s stay-at-home order on May 6 to let hospitals resume elective surgeries.
The lawsuit cites a memo from U.S. Attorney General William Barr issued on April 27 to all U.S. attorneys, requiring them to identify state directives that could be violating the constitutional rights and civil liberties of citizens.
In the memo, Barr wrote that the Constitution “is not suspended in times of crisis,” and warned that if a state or local ordinance becomes “an overbearing infringement of constitutional and statutory protections,” the U.S. Department of Justice “may have an obligation to address that overreach” in court.
The lawsuit seeks a judge’s order reversing the shutdown order.
8 comments for "Lawmakers sued over coronavirus shutdown"
Cassandra Cursed says
Dear Humans, you cannot reopen until you conquer the disease that closed us. So sad to watch you all self destruct
Random Stranger says
I prefer to listen to the medical experts, not the money changers. All politicians that listen to the medical experts want a reopen as responsibly soon as possible. Politicians that don’t listen to the medical experts, are in a panic over THEIR money, not your money or if you die. When California opens, it will be able to stay open. As for other states that crash open, we will see who is right and who is dead.
Darius White says
That would be a good strategy, if we (the non-medical population) knew which medical experts to listen to. The actual college-degreed medical experts from both sides of the argument are right, according to them. It seems that ulterior motives exist on both sides, making it tough to decide who to follow. How about we let the people protect their own health, and our government protect our rights (as they were sworn to do)?
When it’s “not safe” to go to your dentist appointment, but it is “safe” to stand in line to buy beer and lottery tickets, it is no longer about “safety”.
California Tragedy by the Democrats says
Especially the little laughing hyena governor he just wants mail-in ballots so he can get Democrats in this state my voter fraud time to remove him immediately
Lea Birmingham says
This lawsuit (and their reasons) show just how selfish, privileged and entitled a select group of Americans are; it’s hypocritical at best. While they are fighting for their right to have their wedding on a certain day at a select venue (which they can still get married on the day of their choice, they just won’t have the wedding of their choice) and to be able to attend their graduation ceremony (although you still graduated); people are out here fighting so that their sons are not murdered for jogging in the “wrong” neighborhood, wearing a hoodie, sitting in their living room minding their own business, playing in the park with a toy gun, etc., etc. etc. These people claim they’re standing up for liberty and justice but sit by quietly day after day, month after month, year after year hearing story after story of black and brown people having their civil liberties and constitutional rights constantly SNATCHED from them and do nothing! What a joke they are.
”WE THE PEOPLE” have our Constitution & the ”Bill Of Rights” that are being TRAMPLED on by Liberal Governors who are ”POWER DRUNK” … When has America ever SHUT DOWN until now? NEVER…We should be protecting our Most VULNERABLE & those that are SICK first… We’ve never punished ”HEALTHY PEOPLE”.. We are not children & we know how to protect ourselves & make our own decisions. So many businesses have closed & now, the GOVERNOR is telling us WHAT & WHEN they can reopen.. Too many people have lost their income & their LIVELYHOOD to feed their families.. CA has had approx. 3,000 deaths, compared to a population of 40 MILLION residents… That’s hardly enough to shut down an entire state. OPEN CALIFORNIA NOW!
Blah blah blah, you pick and chose parts of the constitution as you see fit. No one is trampling over your rights, they are trying to save your life. Stop with the hypocrisy, if you feel so strong about your right to go out and mingle, go for it and decline any type of medical assistance if you find yourself sick with COVID-19. I’d rather see ventilators thrown away than to be used on ignorant “but my rights” hypocrites like you.
Anthony Henderson says
These plaintiffs situations seem silly. Racist structures caused higher rates of death among groups. This lawsuit shows the Center for American Liberties definitely doesn’t protect their own Black community lives. Their lack of effort is a direct slaughter on a community who built this country. If the higher rate of death isn’t a high priority, this comes to mind from what I read.