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Governor Lamont’s emergency powers were challenged in court

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A lawsuit was filed on Monday on behalf of two restaurant owners, a skincare company, and a woman who was fined for violating the quarantine after traveling, and Rep. Mike France, R-Lidyard, asks the court to declare the governor’s emergency powers void.

Governor Ned Lamont’s emergency powers were extended until February after legislative leaders and members of the Public Health Committee voted. Republicans voted against extending the governor’s powers, but were rejected by Democrats, who received the majority of votes.

Prosecutors represent Rep. Craig Fishbein, R Wallingford, and Representative Doug Dubitsky, R Chaplin, who have brought other lawsuits against the governor’s executive orders.

The complaint contains two cases: the first asserts that the COVID-19 pandemic does not fall under the category of civil preparedness emergency as defined by state law, and second that Connecticut’s low hospitalization rate means the governor’s extension of the public health emergency declaration is invalid.

The powers of the governor to suspend legislation and regulations under the Emergency Law for Civil Preparedness, which defines a “major disaster” as “a hurricane, a hurricane, a storm, high water, wind-driven water, tidal waves, tsunami, earthquake, volcanic eruption, landslide or mudslide” Or snowstorm or drought, or, regardless of the cause, any fire, flood, explosion or man-made disaster in any part of this situation. ”

The lawsuit states that the governor did not specify any of these incidents to justify the declaration of a civil preparedness emergency.

The law definitions indicate that the governor may declare this state of emergency under the Department of Civil Preparedness and Public Health Emergencies. The lawsuit asserts that the declaration of emergency civil preparedness did not meet legal standards.

The second statistic relates to the continuing public health emergency despite the decrease in hospitalizations and deaths. The complaint cites data published by the state’s Ministry of Education and the Department of Public Health showing a hospitalization rate of 0.3 per 100,000 people in August, before Lamont announced the extension of his emergency powers on September 1.

The complaint says: “Published data for DPH shows that the risk of contracting COVID-19, the risk of hospitalization due to COVID-19, and the risk of dying from COVID-19 in Connecticut from COVID-19 is minimal.”

The graph was presented in the court complaint based on figures from the CT Department of Public Health

The Public Health Emergency Law states that the governor’s powers will be terminated when there is no longer a “significant risk of a large number of human deaths or long-term disability accidents.”

“ Since the defendant’s original declaration of a public health emergency on March 10, 2020, the likelihood of a COVID-19 occurring which poses a significant risk of death or serious bodily injury to residents of Connecticut has decreased to such an extent that the defendant’s continued rape of the legislature states that the complaint states that the constitutional authorities To amend and / or suspend laws and / or regulations is absolutely not worthy. “

Business owners allege that they have been affected by portfolio closures of non-core companies and the delay in the interim reopening plan for the portfolios. Based on hospitalization rates, Connecticut was supposed to enter its third phase of reopening, but Lamont backed off, citing an increase in the coronavirus in other states.

The complaint also refers to travel restrictions imposed by the governor, which fine people who are not subject to quarantine after traveling to Connecticut from certain states, resulting in a fine being paid against one of the plaintiffs.

On Monday, the governor announced further fines for violating his orders regarding the use of masks and social gatherings.

Rep. Mike France is also the plaintiff, arguing that the governor’s emergency powers have usurped his legislative powers.

This is the fifth suit of its kind that is filed to challenge the governor’s emergency declaration or his executive orders.

Roxy Nail Salon has filed a lawsuit challenging the governor’s swift face change over allowing nail salons to reopen at the same time as hair salons. The governor postponed the reopening of nail salons by two weeks, but allowed hairdressing salons and barber shops to reopen.

Another lawsuit brought by a variety of companies, including Senator Rob Sampson, R-Wolcott, as a real estate agent, challenges the constitutionality of Lamont’s closure of companies deemed unnecessary.

Two other cases challenge the Ministry of Education mask requirements for students returning to school.

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