Local Lawmakers file suit against Governor Brown

On October 16, 2020, attorney James L. Buchal filed a 13-page complaint against Governor Kate Brown alleging that Brown’s emergency orders exceeded her authority granted by the Oregon Constitution.

The complaint identifies the Plaintiffs as Senator Dennis Linthicum (R-Klamath Falls), Representative Mike Nearman (R-Independence), Representative E. Werner Reschke (R-Klamath Falls), and Washington County businessman Neil Ruggles.

In the complaint, the Plaintiffs allege that Gov. Brown has violated the Oregon Constitution in how she has handled the COVID-19 pandemic.

The lawmakers claim, “injured by the conduct alleged herein insofar as defendant [Brown] has invaded his rights and privileges under the Oregon Constitution to exercise, in concert with other legislators, the legislative power of the State of Oregon.”

Ruggles claims, “he has suffered financial losses, and has lost a martial arts practice that for thirty years provided him with physical, social, and mental health benefits, by reason of the Governor's unlawful and unconstitutional orders challenged herein.”

“The Governor’s perpetual state of emergency needs to come to an end. She has unilaterally, without the consent of the people or their legislature, extended her state of emergency 3 times with no end in sight. If this lawsuit helps bring about that result, bravo,” said Rep. Reschke. “Lockdowns may possibly delay the spread of COVID-19, but don’t prevent it. However, what is certain is they cause dramatic economic and sociological suffering. Time to open back up.”

Article III of the Oregon Constitution provides:

"The powers of the Government shall be divided into three separate (sic) departments, the Legislative, the Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided."

Where “expressly provided” the Oregon Constitution does grant emergency powers to the Governor, as set forth in Article X-A which includes public health emergencies. However, Article X-A requires the Governor of Oregon to follow procedures for these actions. The Plaintiffs claim Governor Brown did not follow these procedures.

“Defendant has declined to exercise the constitutional emergency powers granted by Oregon Constitution in response to the COVID-19 pandemic. Article X-A requires defendant to follow procedures providing for procedural and substantive rights for the legislative assembly members who are plaintiffs, and for the citizens of Oregon in general, including

(a) A requirement that defendant "issue a proclamation convening the Legislative Assembly" (id. § 1(3));

(b) Special rights of the Legislative Assembly to convene in places other than the Capitol, and operate with less than the usual quorum (id. § 3);

(c) An ability to legislate without certain constitutional restrictions (id. § 4);

(d) An ability for legislators to participate remotely in the Legislative Assembly by electronic means (id. § 5); and, most importantly;

(e) A requirement that the Legislative Assembly affirmatively extend the thirty-day limit for the emergency, by three-fifths majority, without which extension the total duration of any emergency cannot exceed sixty days”

To help offset the cost of the lawsuit, Ruggles has created a Go Fund Me fundraiser on September 8, 2020.

“We aim to raise $25,000 initially, If our first lawsuit is successful, additional lawsuits will follow to limit Governor Brown’s emergency powers even further. Additional fundraising may be needed then. Limiting the Governor’s power is so urgent and necessary, that I have put up $5,000 from my own savings to start this lawsuit,” states Ruggles’s Go Fund Me page.

Donations can be made at https://www.gofundme.com/f/oregonians-lets-take-back-our-lives

Over the weekend, the Governor, Governor’s Office, Senator Linthicum, Neal Ruggles, nor James Buchal could not be reached for comment.

The full 13-page complaint can be read below or downloaded here.