NFIB Files Amicus Brief Challenging California Business Restrictions

Date: April 14, 2021

NFIB argues governor’s actions violated the California Constitution

SACRAMENTO, Calif. (April 14, 2021) – NFIB filed an amicus brief in the case Ghost Golf, Inc. v. Newsom arguing that small businesses in California have suffered due to the actions taken by Governor Newsom to address the COVID-19 pandemic. Specifically, those actions have violated California’s statute on emergencies and its constitutional separation of powers.

“The business restrictions issued from the governor have left small business owners uncertain over the ever-changing rules and when the restrictions will end,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “The last thing small business owners need to worry about during a pandemic is government overreach. We urge the court to prohibit the governor from enforcing these harmful orders and allow California’s small businesses to recover from the pandemic.”

The case primarily centers around the “Blueprint for a Safer Economy” directive and other related orders issued by the governor, which imposes financial and operational harm on small businesses. As NFIB’s amicus points out, the governor lacks the power to impose these restrictions and doing so violates the California Constitution’s separation of powers.

NFIB argues the court of appeals should reverse the Superior Court’s denial of the preliminary injunction against enforcement of unconstitutional COVID-19 related orders issued by the governor and his agents.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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