Lisa Gates, Vice President of Communications, (614) 224-3255
The Buckeye Institute Sues Washington D.C. Government Over Unconstitutional Emergency Orders
Columbus, OH – On Thursday, The Buckeye Institute filed a shiny new lawsuit
against the District of Columbia Department of Health challenging the
D.C. Council’s and Mayor Muriel Bowser’s unconstitutional emergency acts
and orders, which D.C. used to force the closure of The Big Board, a neighborhood bar and grill located in our nation’s capital and owned by Buckeye’s client, Eric Flannery. Flannery v. D.C. Department of Health was filed in the United States District Court for the District of Columbia.
“The
District of Columbia is unique among American cities. Not only is it
our nation’s capital, but its laws are subject to congressional review
under the Home Rule Act,” said Robert Alt, president and chief executive
officer of The Buckeye Institute,
and a lead attorney representing Mr. Flannery. “By stacking emergency
acts and orders for two years, the District evaded congressional review
and closed the courthouse doors to Mr. Flannery and thousands of other
D.C. residents. This end run around the Home Rule Act made a mockery of
congressional review and simultaneously denied Americans their
constitutional rights and due process.”
All
told, Mayor Bowser extended her initial public emergency declaration at
least 16 times in 90-day increments over the course of two years. D.C.
law says that emergency orders cannot be reviewed by a court “until
after the expiration date of the emergency executive order.” D.C. also
effectively closed the courthouse doors to District residents in clear
violation of due process protections afforded by the U.S. Constitution.
“This
case is not just about The Big Board,” Alt continued. “It is about
ensuring that government abides by the U.S. Constitution even during
emergencies including global pandemics—perhaps especially then. We are a
nation of laws, not of autocratic mayors, city councils, and government
agencies.”
Robert Alt and Mr. Flannery recently sat down with Matt Kibbe, host of the tremendously popular and always edifying Kibbe on Liberty podcast, to discuss Buckeye’s new case—Flannery v. D.C. Department of Health. You can watch this newest episode of the podcast here and hear why we are defending the fundamentally American principles at stake in this case.
And you can also watch more of Mr. Flannery’s story in this new video, released today by our friends at Free the People.
Buckeye’s co-counsel in the case are Patrick Strawbridge, David L. Rosenthal, and Frank H. Chang at Consovoy McCarthy PLLC.
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Founded in 1989, The Buckeye Institute is an independent research and educational institution – a think tank – whose mission is to advance free-market public policy in the states.
The
Buckeye Institute is a non-partisan, non-profit, and tax-exempt
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