Federal Judge Refuses to Enjoin Kentucky Governor from Restricting Interstate Travel


By: Barry Miller

A federal judge has refused to halt enforcement of an order that directed Kentuckians not to travel outside the state for two weeks because of COVID-19.

Governor Andy Beshear issued the order on March 30. It makes exceptions for those traveling to meet work requirements, buy necessary supplies, seek health care, or provide care for the elderly or disabled.

Plaintiff Allison Alessandro sued the governor in the United States District Court for the Eastern District of Kentucky on April 2. She filed her motion for a temporary restraining order with her complaint.

That motion argued that the right of interstate travel is “virtually unqualified,” and because this constitutional right was being impaired, irreparable injury is presumed. Judge Gregory Van Tatenhove said Alessandro still must show that any harm to her is immediate. He said he desire to visit friends and family in Ohio failed to satisfy that requirement.

Ms. Alessandro resides in Campbell County, Kentucky, which is on the Ohio border.

Judge Van Tatenhove also questioned whether Alessandro had shown irreparable harm. Because Ohio has also restricted travel it was not clear that enjoining Beshear’s travel order would give her a remedy.

The order also discussed a balance of harms, saying that enjoining the order might substantially harm other citizens, particularly those more vulnerable to COVID-19. Typically, if a law is unconstitutional, there is no harm to others by enjoining it, Judge Van Tatenhove wrote. The judge stated his review was preliminary. “In-depth consideration of the constitutional issues at play will require additional briefing from the parties,” he wrote, noting that the Commonwealth had not yet briefed those issues. He scheduled a telephonic conference with the parties for Monday.

Additional Information:

The FMG Coronavirus Task Team will be conducting a series of webinars on Coronavirus issues on a regular basis. Topics include employment issues, the real-world impact of business restrictions, education claims and more. Click here to register.

FMG has formed a Coronavirus Task Force to provide up-to-the-minute information, strategic advice, and practical solutions for our clients.  Our group is an interdisciplinary team of attorneys who can address the multitude of legal issues arising out of the coronavirus pandemic, including issues related to Healthcare, Product Liability, Tort Liability, Data Privacy, and Cyber and Local Governments.  For more information about the Task Force, click here.

You can also contact your FMG relationship partner or email the team with any questions at

**DISCLAIMER:  The attorneys at Freeman Mathis & Gary, LLP (“FMG”) have been working hard to produce educational content to address issues arising from the concern over COVID-19.  The webinars and our written material have produced many questions. Some we have been able to answer, but many we cannot without a specific legal engagement.  We can only give legal advice to clients.  Please be aware that your attendance at one of our webinars or receipt of our written material does not establish an attorney-client relationship between you and FMG.  An attorney-client relationship will not exist unless and until an FMG partner expressly and explicitly states IN WRITING that FMG will undertake an attorney-client relationship with you, after ascertaining that the firm does not have any legal conflicts of interest.  As a result, you should not transmit any personal or confidential information to FMG unless we have entered into a formal written agreement with you.  We will continue to produce education content for the public, but we must point out that none of our webinars, articles, blog posts, or other similar material constitutes legal advice, does not create an attorney client relationship and you cannot rely on it as such.  We hope you will continue to take advantage of the conferences and materials that may pertain to your work or interests.**