HARTFORD, Conn. — The Second Circuit Court of Appeals found in favor of Governor Ned Lamont Wednesday in a suit filed by the Connecticut Citizens Defense League (CCDL) and six residents back in May of 2020.
The suit claimed Gov. Lamont and Commissioner Rovella of the Department of Emergency Services and Public Protection (DESPP) violated the plaintiffs' constitutional rights with Executive Order 7E that allowed the temporary suspension of fingerprinting services for gun permits during the pandemic.
Attorney General William Tong released a statement of the ruling saying the plaintiffs had no standing and they were looking for fingerprinting services with municipalities, not the DESPP, which were resolved.
“Our Constitution is clear, the Governor has broad authority to protect Connecticut families during a public health emergency,” Attorney General Tong said. “The Second Circuit Court of Appeals got this decision right—these plaintiffs had no standing and Governor Lamont’s orders since the onset of the pandemic in March have been lawful and justified. None of the individual plaintiffs were seeking fingerprinting services at the DESPP headquarters. Instead, the only plaintiffs seeking to be fingerprinted sought such services from the municipalities where they lived, and they resolved any disputes with those separate parties in this lawsuit before the injunction hearing. The Second Circuit Court of Appeals agreed with the state’s arguments that the individuals who had gotten fingerprinted from their respective towns had no longer any controversy and their claims were moot."
Connecticut lifted most of its COVID-19 mandates back in May with some exceptions, like wearing a mask on public transit.
"With regard to the CCDL, the Court of Appeals also agreed with the state that they lacked standing as an organization, and they could not assert the claims of third parties who were not plaintiffs in the lawsuit," said AG Tong. "The Court of Appeals agreed with the state and sustained the state’s appeal, reversing the District Court’s injunction because the CCDL had no actual injury, but rather is an advocacy group that’s core functions and mission involve litigating Second Amendment claims in legal actions such as this.
Tong added, "Accordingly, the state was able to vindicate the right of the Governor and the Commissioner of Public Safety to properly issue and enforce Executive Orders. The state’s appeal argued successfully that the district court unnecessarily issued an injunction—without jurisdiction to do so—and attempted to tie the hands of the Governor and Commissioner in the midst of an unprecedented national health crisis and state-wide pandemic and state of emergency."
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