Peabody Man Sues State To End Shutdown

PEABODY, MA — A Peabody HVAC contractor filed a lawsuit in federal court Thursday to get a judge to reopen the Massachusetts economy.

In the complaint, Vincent Delaney says Gov. Charlie Baker's March emergency order amid the coronavirus pandemic is "irrational, arbitrary and capricious" and that Baker never had the authority to close businesses, schools and churches under the Civil Defense Act. Delaney said his business works with restaurants and has been financially hurt by the shutdown.

The state is currently in the second phase of a four-phase reopening plan. A spokesperson for the Baker administration was not immediately available for comment Friday morning.

Delaney's 82-page complaint makes other charges. He claims the state's requirement that people wear face coverings when it's not possible to social distance violates both his right to breathe and his right to self-expression. He also claims bans on gatherings of more than 10 people violate the First Amendment rights to both peaceful assembly and religion.

Delaney told the Salem News he raised more than $19,000 to fund the lawsuit by plugging a GoFundMe campaign on Jeff Kuhner's conservative talk radio show. "Maybe it's gone too far and [Baker] doesn't know how to change direction," Delaney told the newspaper. "I have to believe in my heart he was doing what he thought was best."

Dave Copeland covers Peabody and other North Shore communities for Patch. He can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).