A judge has rejected a new trial for a former Newport UPS franchisee now facing fines for violating the state’s Covid-19 mask mandate.
At a court hearing Thursday morning, Orleans County Judge Mary Miles Teachout denied the motion for a new trial filed on behalf of Andre “Mike” Desautels.
But the judge made a gesture toward Desautels and his lawyer, Robert Kaplan: She has allowed them to file additional legal briefs on the separation of powers, a key focus for the defense in Vermont’s first court test of the Covid-19 mask rule. It’s not so much the masks, Kaplan said; it’s how far the governor can stretch a state-of-emergency declaration without turning to the Legislature.
For more than five years, Desautels ran a UPS franchise on Main Street in Newport. But the company cut ties with him in February after he refused to comply with Gov. Phil Scott’s executive order requiring business employees who interact with the public to wear face coverings to help limit the spread of Covid-19.
Attorney General TJ Donovan sued Desautels in civil court soon after, and Desautels shifted to operating a printing business in his storefront.
Teachout ruled last month that Desautels would have to comply with the mask mandate to stay in business. The businessman asked for a new trial April 8, complaining that his original lawyer, Deborah Bucknam, took actions he never authorized. State lawyers argued that no new trial was warranted.
Teachout agreed Thursday that no new trial was warranted. However, she delayed a decision on civil penalties until at least June, so lawyers have time to file more arguments on the question Kaplan has indicated is his primary focus: the extent of the governor’s power to issue mandates when the Legislature is in session.
“There’s been way too much focus on this issue of masks,” Kaplan said after he was hired earlier this month. Rather, he sees the key question as this: “How much unbridled authority is going to be given over to the executive branch of government under the guise of an emergency?”
The defense has until May 13 to submit its brief, according to the court clerk’s office. The state then has until May 27 to respond, and then the defense has until June 3 to reply.
A half-day hearing on penalties will be held after June 3, according to the clerk’s office, but the date is not yet certain. The maximum penalty for violating the mandate is a fine of up to $1,000 per violation, with each day of noncompliance counting as its own violation.
Charity Clark, chief of staff for Attorney General TJ Donovan, said her office was pleased with the decision.
“We are confident in the state’s defense of the governor’s executive authority to protect the public health of Vermonters during the pandemic,” Clark said in an email.
Kaplan did not return a voicemail Thursday seeking comment.
