Court Dismisses Lawsuit Against Maryland Gov. Larry Hogan Arguing COVID-19 Orders Are Unconstitutional
BALTIMORE (WJZ) -- A judge has dismissed a lawsuit brought by a number of business owners, religious leaders and other residents against Maryland Gov. Larry Hogan that argued Hogan's executive orders aimed at combating the COVID-19 pandemic were unconstitutional.
U.S. District Judge Catherine Blake granted the state's motion to dismiss the case Wednesday, writing that "based on the allegations in the
plaintiffs' amended complaint, the court cannot conclude that Governor Hogan's measures are arbitrary or unreasonable, or that they plainly violate any of the plaintiffs' constitutional rights."
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The lawsuit was filed in early May, arguing the orders violated the First, Fifth and Fourteenth Amendments of the U.S. Constitution as well parts of the state constitution. On May 20, the court denied a request for a preliminary injunction in the case, saying the plaintiffs didn't show the orders "lacked a real or substantial relation to protecting public health" and invaded their rights.
Among the plaintiffs are Republican Delegates Dan Cox, Neil Parrott and Warren Miller. The lawsuit also named the since-retired deputy health secretary Fran Phillips, Health Secretary Robert Neall and Maryland State Police Superintendent Woodrow Jones, III., as co-defendants.
Cox had said officials had threatened to arrest him if he attended a Reopen Maryland rally in Frederick County on May 2, which violated Hogan's March 17 executive order.