The Island Game and Paradise Games filed a lawsuit yesterday against the attorney general and Prime Minister Dr. Hubert Minnis, in his role as the competent authority under the emergency orders, contending they acted outside of the scope of the authority given to them under the Emergency Powers Act.
Law firm Munroe and Associates, in its application to the Supreme Court, contends that the attorney general and Minnis’ emergency powers regulation has been void since it began in March, citing section three of the Emergency Powers Act as having rendered the orders outside of the scope of their authority.
The application reads: “A declaration that the emergency powers regulations are void ab initio as they are ultra vires the Emergency Powers Act, as they are stated to have been made for reasons not permitted by section 3 of the Emergency Powers Act.
“A declaration that all orders made by the first respondent (Minnis) pursuant to the emergency powers regulations are void ab initio as the emergency powers regulations are ultra vires the Emergency Powers Act.”
The application claims that there were constitutional violations by the attorney general and Minnis.
“Assuming without conceding that the emergency powers regulations and the orders made by the first respondent thereunder are valid, a declaration that order 5(2) and particularly part B of the Emergency Powers (COVID-19) (No. 3) order, 2020, are void as being not reasonably justifiable in the circumstances pursuant to Article 29(2) of the Constitution,” the application stated.
“An order pursuant to Articles 28(2) and 29(2) of the constitution quashing part B of the Emergency Powers (COVID-19) (No. 3) order, 2020.”
The Island Game and Paradise Games are also seeking damages in the case for breach of their constitutional rights and damages for the breach of the applicants rights guaranteed by article 24 and 25 of the constitution, which outline aspects of freedom of movement and freedom to assemble.
They are also calling on Minnis to disclose the medical evidence that led him to impose the terms of part B of the Emergency Powers (COVID-19) (No. 3) Order 2020 on the population.
The application also calls for costs of the application to be paid by the attorney general and Minnis.
Gaming houses like The Island Game and Paradise Games have been ordered by the competent authority to remain closed during the emergency orders, though gaming houses have insisted they can abide by the social distancing rules other businesses have put in place.