California Governor Sued Over Endless State of Emergency

California Gov. Gavin Newsom speaks during a news conference after meeting with students at James Denman Middle School on Oct. 1, 2021, in San Francisco, Calif. (Justin Sullivan/Getty Images)

SANTA CLARA, Calif.—California Gov. Gavin Newsom is facing yet another lawsuit. This time, the Orange County Board of Education, Children’s Health Defense, and Children’s Health Defense California Chapter are collectively suing Newsom for what they’re calling an endless state of emergency during the COVID-19 pandemic.

The organizations are arguing that Newsom’s “own statements prove his emergency powers are no longer justified.” They filed the lawsuit on Nov. 23.

“Here, Gov. Newsom has made numerous statements about the status of our state and the status of the COVID-19 danger here in the state of California. He has very clearly articulated that the conditions have greatly become much better,” Robert Tyler, president of Advocates for Faith & Freedom, told NTD Television.

During a Nov. 22 press conference, Newsom said there are signs of improvement.

“We saw a few weeks ago, some troubling signs with case rates going up, positivity rates going up, hospitalizations, ICUs going up. That said, in the last 10 or 11 days, we’ve seen some stability, some good signs. That is good news,” Newsom said. “In fact, today, we claim to have the lowest positivity rate in the United States of America, 1.9 percent.”

Under the law, a state of emergency should end at “the earliest possible date that conditions warrant.” On Nov. 10, Newsom extended the state of emergency for a third time, this time until March 31, 2022.

“When you look at the state statute, the state requires ‘imminent peril’ to the health and safety of the citizens here,” Tyler said. “How can the governor have any idea whether there’s going to be ‘imminent peril’ two weeks from now, three weeks from now, or three months from now?”

The plaintiffs are arguing that the governor “rules by fiat,” without giving people an opportunity to give opinions to balance it out. They'll be asking the court for an expedited trial.

Newsom’s office hasn’t responded to a request for comment.