A federal judge has granted a preliminary injunction declaring Governor Andy Beshear’s out-of-state travel ban order invalid and prohibited its enforcement.
The governor issued an executive order on March 30 in wake of the COVID-19 pandemic banning residents from traveling out-of-state with the exceptions of work, getting groceries, caring for a loved one, medical care, or due to a court order. Beshear’s order also stated residents who traveled out-of-state or anyone coming into Kentucky would be required to self-quarantine for 14-days.
According to the Courier-Journal, U.S. District Judge William O. Bertelsman in a 15-page ruling Monday said the governor’s decision did “not pass constitutional muster”, and the right to travel from one state to another is “firmly embedded in U.S. jurisprudence”.
Judge Bertelsman said, “the restrictions infringe on the basic right of citizens to engage in interstate travel, and they carry with them criminal penalties.”
The federal judge reportedly upheld Governor Beshear’s executive orders regarding mass gatherings which also prohibited in-person church services.