THEODORE JOSEPH ROBERTS, RANDALL DANIEL, AND SALLY O’BOYLE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED v. ROBERT D. NEACE, IN HIS CAPACITY AS BOONE COUNTY ATTORNEY, ANDREW G. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF KENTUCKY, - Articles

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THEODORE JOSEPH ROBERTS, RANDALL DANIEL, AND SALLY O’BOYLE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED v. ROBERT D. NEACE, IN HIS CAPACITY AS BOONE COUNTY ATTORNEY, ANDREW G. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF KENTUCKY,

Posted by: Karen Belcher on May 11, 2020

Head Comment: Opinion Title Continued: ERIC FRIEDLANDER, in his official capacity as Acting Secretary of the Cabinet for Health and Family Services

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEFS: Christopher Wiest, CHRIS WIEST, ATTORNEY AT LAW, PLLC, Crestview Hills, Kentucky, for Appellants; Barry L. Dunn, OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky for Amicus Curiae in support of Appellants.

Attorneys 2: ON BRIEFS: Jeffrey C. Mando, ADAMS, STEPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellee Neace. S. Travis Mayo, Taylor Payne, OFFICE OF THE GOVERNOR, Frankfort, Kentucky, Wesley W. Duke, CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellees Beshear and Friedlander.

Judge(s): SUTTON, McKEAGUE, and NALBANDIAN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Covington

PER CURIAM. Three congregants of Maryville Baptist Church wish to attend in-person worship services this Sunday, May 10. By order of the Kentucky Governor, however, they may not attend “faith-based” “mass gatherings” through May 20. Claiming that this limitation on corporate worship violates the free-exercise protections of the First and Fourteenth Amendments to the United States Constitution, the congregants seek emergency relief barring the Governor and other officials from enforcing the ban against them. The Attorney General of the Commonwealth supports their motion as amicus curiae. The Governor and other officials oppose the motion.

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