Colorado Man Sues Gov. Polis Claiming Stay-At-Home Order Violates U.S. Constitution

SAN MIGUEL COUNTY, Colo. (CBS4) - A Colorado resident has filed a federal lawsuit against Gov. Jared Polis, claiming the stay-at-home order issued during the coronavirus pandemic violates the U.S. Constitution. The suit, filed by Glenn Raliegh on April 9, challenges the executive order under the First, Fifth and Fourteenth Amendments.

"...these actions amount to a ban on living a normal everyday life including free travel and the ability to work," the lawsuit states.

"The Plaintiff bringing this action does mean to minimize the severity and urgency of the coronavirus pandemic. The exigencies surrounding this viral pandemic both do not justify nor necessitate changes in the manner in which people live their lives and conduct their daily business," the lawsuit states.

The lawsuit cites an article by Dr. Anthony Fauci, published on Mar. 26 in the New England Journal of Medicine, where he stated that the coronavirus would not have the mortality rate they had stated before, but that it would be similar to a "bad flu."

"Most importantly to the Plaintiff, this emergency (like any other emergency) has its constitutional limits. It would not justify a prior restraint on speech, nor a suspension of the right to vote. Just the same, it does not justify a ban on any aspects of the Constitution," the lawsuit states.

The lawsuit cites three ways the stay-at-home order has restricted Raleigh's ability to live a normal everyday life and the ability to work:

• "Plaintiff wants to maintain his health by weekly chiropractic appointments, which has proven health benefits in pandemic situations. The plaintiff has no liberty to choose what is critical to him but must abide by the edicts of an arbitrary person or panel to tell him what is critical for him and what is not."
• "Plaintiff wishes to sell a property in the state of Colorado but cannot because the order has kept potential buyers from coming to the state and the local edict has told all tourists and visitors to 'go home.' This is a form of taking without compensation."
• "Plaintiff has tried to buy two properties, but the realtors are hesitant, as far as their businesses are considered non essential on the property owners do not want to show their houses... if regulation goes to far it will be recognized as taking."

The Plaintiff is asking for three declaratory judgments against the governor and a preliminary and/or permanent injunction restraining officials from enforcing the executive order.

We reached out to the governor's office for a response. Press Secretary Conor Cahill said they don't comment on pending litigation.

You can read the full lawsuit here.