Cooperrider can continue suit against Beshear over liquor license, COVID rules, judges say

Yahoo

08-02-2025

Kentucky Republican figure Andrew Cooperrider and his attorneys are taking a victory lap after a federal appeals court partially sided with him and his Lexington coffee shop business in their lawsuit against Gov. Andy Beshear.
The U.S. Sixth Circuit Court of Appeals, in an opinion published Friday, ruled that a case against Beshear alleging the governor and cabinet officials retaliated against Cooperrider and his Lexington coffee shop Brewed for exercising his First Amendment right to criticize of the governor could continue on a limited basis.
Cooperrider had initially sued Beshear and other state officials in 2022 over the loss of his liquor license earlier that year.
He had previously tried to impeach Beshear over the governor's COVID-19 related orders. Cooperrider, who later fell short of the GOP nominations for both a state senate seat and state treasurer, attracted significant publicity in 2020 for flouting state and local regulations that attempted to mitigate the spread of COVID-19.
Originally, a federal district court ruled that Beshear and everyone Cooperrider sued had qualified immunity — a doctrine that prevents government officials from being sued in their official capacity — in the case.
The U.S. Sixth Circuit Court of Appeals reversed that claim for Beshear, former Public Protection Cabinet Secretary Ray Perry and Cabinet for Health and Family Services General Counsel Wesley Duke. Those officials, according to the ruling, argued their actions were not retaliatory or were covered by qualified immunity.
The panel of three judges — two appointed by former Democratic President Bill Clinton and another by GOP President Donald Trump during his first term — held that all involved remained immune from Cooperrider's claim that they violated his due process rights in the revocation of his liquor license.
Judge Karen Nelson Moore wrote the majority opinion, saying that the court has previously found similar actions sufficient to find merit in a First Amendment retaliation claim like Cooperrider's.
'Accepting all well-pleaded factual allegations in the complaint as true, Beshear, Perry, and Duke all (1) knew about Cooperrider's critical social-media posts and (2) decided to initiate the enforcement action against Brewed because of Cooperrider's comments,' Moore wrote.
Separately, last summer Fayette Circuit Judge Thomas Travis ruled that the Alcoholic Beverage Control board went too far when it permanently revoked the license for failing to comply with Beshear's executive order requiring masks and restaurants to shut down for in-person dining.
In an interview with the Herald-Leader, Cooperrider lauded the appeals court ruling. He equated the administration's behavior to that of a tyrant and called it a 'clear case of someone using the powers of government to target their enemies.'
'I'm obviously pleased that Beshear and his cronies will be held accountable for targeting my business simply for politically disagreeing with them,' Cooperrider said. 'These are not the actions of anyone who should continue to hold office in this country.'
Cooperrider's attorney — Chris Wiest, a fellow prominent figure in Kentucky GOP Liberty circles — wrote in a post to social media website X that he looked forward to questioning Beshear in a deposition.
'Today, in a published decision, the Sixth Circuit in a published opinion held that (Beshear) does not have immunity when he punitively directed Kentucky's ABC to revoke (Cooperrider's) license in retaliation for protected speech. We look forward to the Governor's deposition where he will have to answer tough questions about very bad behavior,' Wiest wrote.
Spokespeople for Beshear's office did not immediately respond to a Herald-Leader request for comment on the ruling Friday afternoon.