LOUISVILLE, Ky. (WDRB) -- A Kentucky appeals court judge on Monday upheld two lower court decisions that block some of Gov. Andy Beshear's orders meant to prevent coronavirus cases from spreading.
Beshear had appealed those rulings -- from Boone and Scott counties -- that nullified restrictions on class sizes at child care centers and attendance at automobile racetracks and agritourism businesses.
Monday's action doesn't apply to a statewide mandate that people wear masks in many public settings.
But in his 25-page ruling, Judge Glenn Acree refused to grant Beshear an immediate win by blocking other circuit court decisions, instead leaving those matters to a three-judge state appeals court panel.
For now, Acree's order means that day cares, summer camps and other licensed child-care operations must allow group sizes of 28, nearly three times the 10-child group limit Beshear previously imposed.
It also allows auto tracks to run races at 50 percent capacity, as long as spectators can maintain a 6-foot buffer while social distancing. And it lets stand a Scott County order that bans coronavirus restrictions at nearly 550 agritourism businesses across the state.
Beshear spokeswoman Crystal Staley said in a statement that Kentucky is seeing increases of COVID-19 cases, while the ruling will result in the illness spreading further. She said the administration is reviewing other legal options.
"When the United States is seeing record numbers of positive COVID-19 cases every day, and states like Texas have multiple reports from childcare facilities of staff and children sick with the virus, now is not the time to ignore guidance from health care experts," she said.
"Right now, 500-plus businesses can operate without any safety requirements, including even handwashing, and daycares can decide to have class sizes that are not safe. Kentucky is already experiencing increasing cases and this ruling means we will see more spread of the virus.
Acree acknowledged that COVID-19 is a serious threat to public health but wrote that Beshear's arguments "failed to offer a reason why Kentucky courts should not apply our laws and procedures in these troubled times the same as when times are tranquil, just as we apply laws and procedures equally to pauper and prince."
While cases are rising in the state, Acree attributed Kentucky's success in keeping its per-capita COVID-19 infections low to actions of citizens' "good sense and nature" as well as to Beshear's leadership.
"No one can say how many Kentuckians know, or even care to consider, whether what they hear is edict or advice. Disregarding any distinction between the two, Kentuckians have taken measures they believe must be taken to protect themselves, those they know and love, and those they have yet to meet," Acree wrote.
“And, by their innate wisdom and common sense, they succeeded in keeping Kentucky ranked among states with the lowest per capita incidence of coronavirus.”
Asked about lower court decisions against his COVID-19 orders, Beshear said, "The only ruling that's ultimately going to matter is one we need from the Kentucky Supreme Court. I haven't gotten to choose any of these jurisdictions we've been in, but we are going to get this thing up to the Supreme Court."
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