Elkhorn Baptist Church v. Brown

Under ORS 401.192(4), the “powers granted to the Governor” under a state of emergency declared under 401.165 continue until the “termination of the state of emergency” either by the Governor or by a joint resolution of the state legislature. Under ORS 433.441(4), the Governor’s powers related to a public health emergency are not subject to the twenty-eight-day limit, if a state of emergency under ORS 401.165 is declared.

The Governor sought a writ of mandamus to vacate a preliminary injunction which prevented enforcement of the Governor’s orders related to the coronavirus pandemic. The Governor argued that the trial court erred when it granted the preliminary injunction based on the finding that the Governor’s orders were subject to a twenty-eight-day limit under ORS 433.441. The Governor argued that her orders were based on a declared state of emergency under ORS 401.165, which is not subject to a limit of a specific number of days. Under ORS 401.192(4), the “powers granted to the Governor” under a state of emergency declared under 401.165 continue until the “termination of the state of emergency” either by the Governor or by a joint resolution of the state legislature. Under ORS 433.441(4), the Governor’s powers related to a public health emergency are not subject to the twenty-eight-day limit, if a state of emergency under ORS 401.165 is declared. The Court held that, because the Governor declared a state of emergency under ORS chapter 401, the twenty-eight-day time limit does not apply to her orders related to the coronavirus. Thus, the Court held that the trial court erroneously issued the preliminary injunction. Peremptory writ of mandamus issued and preliminary injunction vacated.