Appellate determines that the governor cannot issue orders regulating the conduct

Although a panel of judges of the Court of Appeals dismissed an action to challenge executive and administrative orders issued to mitigate the effects of the pandemic of COVID-19concluded that neither the governor Pedro Pierluisi nor the Secretary of Health, Carlos Melladoare authorized to issue guidelines that constitute regulation of the conduct of citizens in general and of third parties.

The sentence, issued the day before yesterday, establishes that, although the measures adopted are not unconstitutional, “the way in which they were adopted does not comply with the provisions of the law for the promulgation of regulations that affect the rights of citizens.”

The dismissed action was filed, in July 2021, by Lourdes Amadeo Ocasio and other plaintiffs through a declaratory judgment, injunction and damages against the State.

Some plaintiffs claimed to be parents of students who argued that they had been required to have the COVID-19 vaccine and wear a mask to return to school in person. Others claimed to be university students subject to the same requirement, while some said they were teachers who were required to have the vaccine to return to work.

Among the orders that were challenged was executive order 2021-54, which delegated Mellado to establish guidelines, guidelines, protocols, and recommendations to address the COVID-19 emergency.

Regarding the alleged damages, the panel of judges agreed with the Court of First Instance, which had already dismissed them for not having irreparable damage.

In writing, Pierluisi indicated that the Appeal validated the constitutionality of the measures adopted to address the pandemic. He also said that he ruled that the plaintiffs cannot try to legally challenge the public health policy chosen by the government.

“However, we do not agree with the determination regarding the governor’s authority to issue executive orders, as we understand that there is ample legal justification. That is why the governor will be requesting the attorney general to go to the Supreme Court”, said Sheila Angleró, press secretary of La Fortaleza.

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