Press Release: 2020-06-01

New Lawsuit Against the Governor’s Executive Orders

The Governor’s executive order shutting down “non-essential” businesses and organizations has been in place since March 24. The Governor’s orders are not laws passed by the legislature and do not comply with Massachusetts's existing laws regarding the powers of the Governor during a pandemic. Under the current four phased re-opening plan, many Massachusetts businesses and organization would have to wait over 100 days, at the earliest, to re-open. While there is much debate on the merits of the Governor’s actions, his authority to take any action, especially actions as drastic as these, should always have a clear and firm legal basis.

The Fiscal Alliance Foundation (the Foundation) supports the lawsuit that will be filed by the New Civil Liberties Alliance (NCLA). NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA’s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights. Mike DeGrandis is a Pittsfield native and is the Senior Litigation Counsel of the NCLA. Mike is the lead counsel in the lawsuit and is joined by Danielle Webb of Huntley PC, who is acting as the local counsel.

If you would like to read an op-ed by Mike in today’s Commonwealth Magazine about the lawsuit, please click here.

Like so many others, the plaintiffs were more than willing to initially follow the direction of our national and state leaders. They were asked to not go to work and put their lives on hold so that Massachusetts could flatten the curve and prevent the virus from overwhelming our emergency healthcare facilities. That was successfully done, but the Governor’s executive orders are still in place. These are not laws passed by an elected legislative body nor are they compliant with the existing law granting the Governor emergency authority to deal with this type of disaster. His executive orders are harming countless businesses while infringing on the civil rights of almost everyone in the Commonwealth. The Governor’s executive orders completely sidestepping the rule of law in the Commonwealth.

The ten brave plaintiffs being represented by NCLA are listed below:

Dawn Desrosiers is the owner of Hair 4 You, a small hair salon located in Hubbardston, Massachusetts.

Susan and Nazareth Kupelian are the owners of Naz Kupelian Salon, a small hair salon located in Lexington, Massachusetts

Kellie and Tom Fallon. Kellie is the owner of Bare Bottom Tanning Salon, a small tanning salon located in Burlington, Massachusetts. Tom is the owner of Union Street Boxing, a small boxing gym located in Burlington, Massachusetts.

Carla Agrippino-Gomes is the owner of Terramia Ristorante & Antico Forno, small restaurants located in the North End of Boston, Massachusetts.

Robert Walker is the owner of Apex Entertainment LLC, a small family entertainment center located in Marlboro, Massachusetts, and Devens Common Conference Center LLC, a small conference facility located in Devens, Massachusetts.

Jim Montoro is the Pastor of Pioneer Valley Baptist Church, located in Westfield, Massachusetts.

Luis Morales is the Pastor of Vida Real Internacional Evangelical Church, located in Medford, Massachusetts.

Ben Haskell is the Headmaster of Trinity Christian Academy, located in Hyannis, Massachusetts.

Being a plaintiff in this lawsuit requires a great deal of courage and perseverance. We hope in the coming days, more potential plaintiffs would step forward and be in touch with us. If you have a business that’s been negatively affected by the Governor’s executive orders, and are interested in joining, please email Paul Gangi at pfgangi@fiscalalliancefoundation.org.

While there is much debate on the merits of the Governor’s policies, what should never be in question is if the Governor is overstepping his authority when imposing these executive ordersAny type of long-term change to society must be done through legislative action, not through endless executive orders. That is something we hope the court of public opinion and a court of law would agree with us on

We will keep you updated as more develops…