(The Center Square) – Gov. Ralph Northam’s executive order to shut down several industries during the COVID-19 pandemic will stay in effect after the Virginia Supreme Court denied a petition to overturn a lower court ruling that upheld the legality of the order.
A lawsuit filed by Merrill C. “Sandy” Hall, who owns nine facilities affiliated with Gold’s Gym, argued Virginia code does not allow the governor to impose criminal penalties through an executive order unless a state of emergency has been declared and an evacuation is ordered. It also sought a temporary injunction so he could remain in business.
A lower court ruled the order is within the governor’s authority during a public health crisis and the balance of inequities do not tip in Hall’s favor as his rights do not outweigh the public’s right to be free from getting COVID-19.
The Supreme Court’s opinion said the denial of an injunctive relief is reviewed solely for abuse of discretion, which was not found. The court did not rule on the merits of the claims against the executive order’s legality.
“We are obviously disappointed with the ruling of the three-judge panel,” Hall’s attorneys said in a statement. “Mr. Hall chose the limited legal route of seeking a temporary injunction so he could remain in business, maintain jobs for his employees, and serve his membership. Quite simply, the three-judge panel did not address the limits of the governor’s power under the Virginia Constitution and code. Instead of addressing the core issue of the appeal, whether the governor exceeded his executive authority in shutting down whole categories of businesses, the Court chose to rely solely upon procedural grounds in reviewing the decision of the Culpeper Circuit Court.”
Hall still will take legal action to recoup the losses he suffered during the pandemic.
