DOVER, Del. (AP) - A Delaware man is suing Democratic Gov. John Carney in federal court over restrictions he has imposed on access to the state’s beaches and his ban on short-term rentals.
Patrick J. Murray argues in a complaint filed Friday that the restrictions imposed by Carney because of the coronavirus deprive him of his liberty and his property in violation of the Constitution.
Murray is seeking restraining orders prohibiting Carney from restricting access to beaches in any way other than requiring face coverings, and from continuing a blanket ban on short-term rentals and commercial lodging.
Murray is being represented in the case by his wife, Georgetown attorney Julianne Murray.
Julianne Murray confirmed in an affidavit that she did not attempt to give notice to Carney before filing the suit, noting that “time is of the essence.”
Her husband swore in an affidavit that he will suffer irreparable injury if he is unable to rent the couple’s Dewey Beach condominium starting Memorial Day weekend, because the rental income from the summer pays the mortgage for the year.
“To put plaintiff and other Delawareans in the position of committing a crime if they rent their property on a short term basis is simply too much,” the lawsuit states. “The blanket ban is overbroad and runs afoul of the U.S. Constitution.”
“Even if the defendant could argue that there is a compelling state interest that justifies the violation of constitutional rights, the government must use the least-restrictive means,” the complaint reads. “A blanket ban on commercial lodging and all short term rentals is not the least restrictive means when it is possible for renters to adhere to social distancing or other recommendations of the CDC.”
Julianne Murray said in a phone interview that there are many other beach property owners who are similarly situated, and that a class-action lawsuit “is not out of the question.”
“People are worried about taking on the governor,” she said. “Patrick is not one of those people.”
A spokesman for Carney said the governor’s legal team was reviewing the complaint.
The lawsuit was filed one day after Carney announced that he will lift restrictions on beaches and community pools on May 22, subject to social distancing requirements and other restrictions. Carney’s emergency declaration had closed access to all Delaware beaches except for exercising and dog walking, while allowing local officials to shut down their beaches completely.
Carney’s announcement came on the same day that the mayor of Ocean City, Maryland, just over the state line, opened hotels and vacation rentals in the sprawling beach resort and lifted a 14-day quarantine rule for out-of-state visitors.
Carney, however, reiterated Friday that his ban on short-term rentals, and a mandate that out-of-state visitors self-quarantine for 14 days, would remain in place.
“Now is not the time to go wild and run to the beach and get out there with lots of friends and have a party on the beach with 20 or 30 people,” he said. “In fact, that would not be permitted.”
“There’s quite a bit of pressure coming, as you might imagine, from the towns and the business sector about eliminating the short-term rental issue,” the governor acknowledged. But he said keeping the rental ban and quarantine mandate in place is aimed at limiting an “onslaught” of visitors to Delaware beaches while not violating constitutional rights to travel among states.
The lawsuit claims that Carney’s restrictions are violating other constitutional rights.
Murray argues that the prohibition against renting his condominium amounts to a government taking of private property without compensation. He also argues that requiring people from different households to remain at least 6 feet (2 meters) apart on the beach at all times violates his constitutional rights to life and liberty.
“If plaintiff and someone outside his household want to take the risk of sitting closer than 6 feet on the beach they ought to be permitted to do so,” the lawsuit states.
Meanwhile Friday, Carney released guidance for the first phase of a rolling reopening of Delaware’s economy, which will allow businesses such as restaurants and retail shops to reopen, with significant restrictions. Among other things, they would generally have to limit capacity to 30 percent of fire code occupancy, excluding staff.
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