Group Sues Lamont Over Emergency Powers

CONNECTICUT — A group that includes State Rep. Mike France (R-Ledyard) is suing Gov. Ned Lamont over his civil preparedness emergency. The group argued in their lawsuit that the pandemic didn’t meet the threshold to declare the emergency in either March or the renewal in September. The lawsuit was filed in state court.

The group includes two restaurant businesses, a skin care business and a woman who was fined by the state for an alleged violation of the state travel advisory. They are being represented in court by Rep. Craig Fishbein (R-Wallingford) and Rep. Doug Dubitsky (R-Norwich).

“Despite declaring a civil preparedness emergency, the defendant [Lamont] has not identified any incident of ‘serious disaster or ... enemy attack, sabotage or other hostile action within the state or a neighboring state, or ... the imminence of such an event,” they wrote.

The group also contends that the risk of serious health issues or death from the coronavirus has been lowered in the state since March.

“Since the Defendant’s original declaration of public health emergency on March 10, 2020, the prospect of COVID-19 posing a substantial risk of death or serious physical injury to Connecticut’s residents has reduced to the point that makes the Defendant’s continued usurpation of the Legislative Branch’s constitutional powers to modify and/or suspend statutes and/or regulations completely meritless,” the group wrote in the lawsuit.

Lamont’s administration didn't comment on the lawsuit.

There have been more than 54,000 total coronavirus cases and 4,485 deaths in Connecticut as of Sept. 13. Net coronavirus-related hospitalizations have generally been between 50 and 70 patients across the state over the past couple of months.

There have been a few legal challenges to Lamont’s executive orders since the pandemic began, most of which haven’t been successful. A federal lawsuit regarding Lamont’s decision to close bars and restaurants was rejected by a judge, according to the CT Mirror.

A federal lawsuit filed by the Connecticut Citizens Defense League succeeded. The advocacy group argued that Lamont’s suspension of fingerprinting services for new pistol permit applicants was unconstitutional. Federal District Court Judge Jeffrey Meyer ruled that fingerprinting services needed to resume by June 15. Lamont’s administration had previously informed the court it intended to allow fingerprinting again.

In his decision he wrote that Lamont’s actions in March were justified given the ongoing pandemic, “...But with the passage of time it is clear that a categorical ban on the collection of fingerprints no longer bears a substantial relation to protecting public health consistent with respecting plaintiffs’ constitutional rights.”

Lamont’s civil preparedness emergency declaration was recently renewed after a 10-member legislative committee voted 6-4 approved it. Democratic legislators voted in favor and Republicans against.

The committee initially wasn’t going to meet, which would’ve automatically meant the declaration would be approved. Republicans on the committee pushed the issue to bring it to a vote.

Lamont’s executive powers under the emergency preparedness declaration are broad and include the ability to suspend state statutes and implement other rules through executive order. He has signed around 70 executive orders since the pandemic began. The orders came in at a near-daily pace in March and April, but have since slowed down.

One of Lamont’s most recent executive orders extended most of his executive order effective dates to Nov. 9. That will give Lamont and legislators around two months to decide which orders should be eliminated, modified or extended.