Kate Brown: Mommy is just worried about all her little widdle babies.
Kate Brown is a good mommy. All she wants to do is keep her little babies safe!
They say they have rights to make their own choices because they are adults, but if you choose not to be safe, then mommy has to put you in the time-out chair!
Baker County Circuit Court Judge Matt Shirtcliff on Monday declared that all executive orders Oregon Gov. Kate Brown has issued related to the coronavirus pandemic are “null and void.”
Brown has exceeded her authority by restricting activities, including church services and business operations, for longer than the 28 days the governor is authorized under a state law related to public health emergencies, Shirtcliff said.
The judge granted a preliminary injunction blocking enforcement of the more than 10 executive orders the governor has issued since March 8.
Shirtcliff’s decision applies to the entire state. He ruled on the motions because the lawsuit challenging the duration of the governor’s legal authority was filed May 6 in Baker County Circuit Court.
A protestor in Oregon
Elkhorn Baptist Church of Baker City is the lead plaintiff in the lawsuit, which was filed by Salem attorney Ray Hacke of the Pacific Justice Institute, a nonprofit that defends religious liberty.
Bill Harvey, chairman of the Baker County Board of Commissioners, filed as an intervenor-plaintiff in the case as an individual rather than in his capacity as an elected official.
Harvey and Commissioner Bruce Nichols, who is not involved in the lawsuit, both attended a 20-minute hearing Monday morning at the Baker County Courthouse during which Shirtcliff announced his decision.
Harvey said after the hearing that the injunction “is what we were seeking.”
“Our emphasis was that she (Brown) overstepped her bounds,” Harvey said.
In his written decision, the judge compared grocery stores and other businesses that have remained open, with social distancing guidelines, to churches, writing that churches can use the same precautions during worship services that involve more than 25 people, which has been the limit under the governor’s executive orders.
In separate statements, both Brown — who appointed Shirtcliff to replace retiring Judge Greg Baxter last fall — and Oregon Attorney General Ellen Rosenblum took issue with Shirtcliff’s decision.
“Today’s ruling from the Baker County Circuit Court will be appealed to the Oregon Supreme Court within hours to keep my emergency orders in effect,” Brown said in a press release. “This will ensure we can continue to safeguard the health of all Oregonians — including frontline health care workers, those living in nursing homes, workers in agriculture and food processing plants, and Oregonians with underlying health conditions –– while the legal process moves forward.”
Rosenblum said: “With all respect, I believe the trial court’s grant of a preliminary injunction is legally incorrect. We will argue that the judge erred in his construction of the relevant statutes and that he abused his discretion in issuing the preliminary injunction. We will also be asking for an immediate stay of his order.”
Oregon Attorney General Kate Rosenblum
In granting the plaintiffs’ motion for a preliminary injunction, Shirtcliff concluded that Brown, by citing a certain state law in some of her executive orders since her original emergency declaration March 8, in effect placed a 28-day limit on the state’s enforcement of those orders.
That law is Oregon Revised Statute (ORS) 433.441.
The law gives the governor a variety of powers, including the authority to “control or limit entry into, exit from, movement within and the occupancy of premises in any public area …”
Although Brown invoked a different law — ORS 401.165 — when she initially declared an emergency, Shirtcliff wrote that 401.165 “does not grant the Governor power directly over the movement of citizens and gatherings.”
ORS 401.165 also does not include any time limits on the duration of the emergency. Brown has subsequently extended the emergency declaration through July 6.
But Shirtcliff concluded that continuing the current executive orders is “not required for public safety when Plaintiffs can continue to utilize social distancing and safety protocols at larger gatherings involving spiritual worship, just as grocery stores and businesses deemed essential by the Governor have been authorized to do.”
As for the concept of irreparable harm, Shirtcliff ruled that the plaintiffs have made a “sufficient showing” of such harm based on infringement both on their freedom to worship as they see fit, and on their loss of business opportunities due to the governor’s executive orders.
Look at all the bad boys out there in Oregon who don’t want to listen to their good mommy who just wants them to be safe from germs.
Don’t they know she loves them all, and it is just her job as a mommy to keep the bad boys from putting themselves in danger?
Do they not love their mommy?
Can you imagine being the mommy of these bad boys, and even when they don’t love you, you still only just want to keep them safe from a virus? That is the true love of a real mommy.
The good news for those who think safety is more important than freedom or allowing people to make their own life choices: Mommy Brown isn’t backing down just because a mean old court judge told her she can’t just take away everyone’s Constitutional rights.
In a statement, Mommy said this:
Following swift action by the Oregon Supreme Court, my emergency orders to protect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit.
From the beginning of this crisis, I have worked within my authority, using science and data as my guide, heeding the advice of medical experts. This strategy has saved lives and protected Oregonians from the worst of the COVID-19 pandemic.
There are no shortcuts for us to return to life as it was before this pandemic. Moving too quickly could return Oregon to the early days of this crisis, when we braced ourselves for hospitals to be overfilled and ventilators in short supply.
The science remains clear: by physically distancing, wearing face coverings, staying home as much as possible and only gradually reopening our communities we can save lives and keep Oregonians safe. “We all look forward to visiting our loved ones in nursing homes, sending our children to school, and going to the grocery store without fear of spreading this disease. But the simple fact remains, COVID-19 is here in Oregon, and lives are at stake.
Hear that, bad boys?
Mommy is still in charge, and you still have to be safe, even if you don’t want to be. Because mommy said so. And mommy is the boss of all the bad boys.
I hope that mommy can keep all the little kiddies safe forever.
Even the bad boys.