CT Supreme Court Rules Against Milford Bar Owner

MILFORD, CT — The Connecticut Supreme Court on Thursday upheld Gov. Ned Lamont’s use of emergency powers amid the coronavirus pandemic, ruling against a Milford pub owner who claimed he was acting “beyond his statutory and constitutional authority” and hurting businesses.

Kristine Casey, owner of Casey's Irish Pub in Milford, sued the state of Connecticut and Lamont in an attempt to force phase 3 to proceed as planned, which included the reopening of bars. But in September, a Superior Court judge sided with Lamont and ruled the emergency orders were not unconstitutional.

Casey, who reopened her business in September after it was forced to close in mid-March in the first round of executive orders, appealed the decision. She previously told Patch that she simply wanted phase 3 to proceed, as previously planned.

Casey said her pub is very small, and waited until Sept. 1 to reopen because she was hopeful phase 3 would proceed this summer. She said couldn't make a profit by selling food, as most of her revenue was from alcohol sales.

However, with coronavirus cases again surging, Lamont rolled back the state’s reopening plan to phase 2.1 in November.

“Although the plaintiffs raise important questions regarding the governor's authority in a pandemic, our analysis of the pertinent law and relevant facts leads us to conclude that the governor's challenged actions to date have been constitutional,” the justices wrote in the state Supreme Court’s ruling. “We acknowledge the incredibly difficult economic situation that the plaintiffs-and thousands of others across the state-are in given the COVID-19 pandemic. 3 We also acknowledge, however, that the governor is charged with protecting the health, safety and welfare of the citizens of this state, and that COVID-19 presents an unforeseen and unpredictable pandemic that is not a static or isolated crisis.”

Attorney General William Tong said the court’s decision “saves lives.”

“The state Supreme Court got this right, again,” Tong said in a statement. “This decision saves lives. The Governor has broad authority after the declaration of public health and civil preparedness emergencies to take affirmative steps to protect public health and to save lives. Governor Lamont’s orders since the onset of the pandemic in March have been lawful and justified. These measures have not been without sacrifice, but nothing is more important right now than stemming the spread of COVID-19 and keeping our state safe.”