Upstate barbershop sues Gov. McMaster over COVID-19 shutdown orders

  • By cvbizz
  • May 28, 2020
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via wyff.com

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The owner of an Upstate barbershop has filed a lawsuit seeking to have Gov. Henry McMaster’s shutdown order declared unconstitutional by the courts.The lawsuit was filed May 11 in the Anderson County Court of Common Pleas on behalf of Robert “Tony” McCurry, the 62-year-old owner of McCurry’s Barber Shop on Whitehall Road in Anderson.McCurry believes that the governor does not have the constitutional right to enact a state of emergency -providing him with the ability to order the shutdown of businesses- any longer than 15 days without approval from the South Carolina General Assembly. Barbershops were one of many businesses that were forced to close April 1 due to an executive order by McMaster. McCurry is being represented by Greenville-area attorney Robert Merting.”The rule of law is applied to everybody, even the governor,” said McCurry. “He overstepped his bounds by initiating the lockdown in the length that he did. By constitutional law, he was allowed for 15 days, but after that he overrode the general assembly in his endeavors.”Per South Carolina law, a state of emergency declared by Gov. McMaster cannot last longer than 15 days without approval of the South Carolina General Assembly. Since McMaster’s first State of Emergency Declaration on March 13, he has declared six consecutive emergency declarations, none lasting longer than 15 days.McCurry believes the South Carolina constitution requires that following 15 days in a state of emergency, the Gov. must then get approval from the General Assembly, and cannot circumvent this rule by declaring another state of emergency at the closure of the previous.”After our second, and maybe even into our third shutdown I had had enough,” said McCurry. The farther it went, the more bad taste I got in my mouth about the whole situation.”Brian Symmes with the governor’s office released a statement to WYFF News 4 in response to this lawsuit, saying in part: “As a former U.S. Attorney and Attorney General who has been practicing law for over forty years, the constitution has been at the heart of every decision Governor McMaster has made throughout this shutdown.”The suit does not seek monetary damages.It seeks to force the governor to obey state law and the constitution, and to prevent further harm to South Carolinians from executive orders that deprive them of the use of their property and the ability to earn a living.

The owner of an Upstate barbershop has filed a lawsuit seeking to have Gov. Henry McMaster’s shutdown order declared unconstitutional by the courts.

The lawsuit was filed May 11 in the Anderson County Court of Common Pleas on behalf of Robert “Tony” McCurry, the 62-year-old owner of McCurry’s Barber Shop on Whitehall Road in Anderson.

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McCurry believes that the governor does not have the constitutional right to enact a state of emergency -providing him with the ability to order the shutdown of businesses- any longer than 15 days without approval from the South Carolina General Assembly.

Barbershops were one of many businesses that were forced to close April 1 due to an executive order by McMaster.

McCurry is being represented by Greenville-area attorney Robert Merting.

“The rule of law is applied to everybody, even the governor,” said McCurry. “He overstepped his bounds by initiating the lockdown in the length that he did. By constitutional law, he was allowed for 15 days, but after that he overrode the general assembly in his endeavors.”

Per South Carolina law, a state of emergency declared by Gov. McMaster cannot last longer than 15 days without approval of the South Carolina General Assembly. Since McMaster’s first State of Emergency Declaration on March 13, he has declared six consecutive emergency declarations, none lasting longer than 15 days.

McCurry believes the South Carolina constitution requires that following 15 days in a state of emergency, the Gov. must then get approval from the General Assembly, and cannot circumvent this rule by declaring another state of emergency at the closure of the previous.

“After our second, and maybe even into our third shutdown I had had enough,” said McCurry. The farther it went, the more bad taste I got in my mouth about the whole situation.”

Brian Symmes with the governor’s office released a statement to WYFF News 4 in response to this lawsuit, saying in part:

“As a former U.S. Attorney and Attorney General who has been practicing law for over forty years, the constitution has been at the heart of every decision Governor McMaster has made throughout this shutdown.”

The suit does not seek monetary damages.

It seeks to force the governor to obey state law and the constitution, and to prevent further harm to South Carolinians from executive orders that deprive them of the use of their property and the ability to earn a living.

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