This is a significant win for our charities. We have not won the war, yet, but we have just won a very important battle.
Judge Donofrio has granted the plaintiffs motion and permanently enjoined all of the rules that were promulgated last year during the rule making process. His order and opinion can be found by clicking here.
What does this mean for charities?
1) If the state does not appeal the Judge’s decision, they cannot enforce the rules that were submitted to JCAR last March, ever. The MGCB Director would have to go through the entire rule making process again along with impact statement, public hearing, etc. before the rules could be enforced.
2) If the state appeals the Judge’s decision (they have approximately 28 days), then the Plaintiffs would have to respond to the appeal or lose the case.
3) On July 2, 2014, Emergency Rules went into effect. The Emergency Rules mirror the rules that have been enjoined and are really the cause of everyone’s problems at present. These rules are not part of this decision. However, these rules are only effective for six months or until the Governor calls them off. At six months, the Governor can only resubmit them for six months longer (for a total of 12 months.) But, eventually, new rules would have to be promulgated if the Judge’s decision in this Order stands.
4) The Judge indicated that to stop the Emergency Rules, a new lawsuit must be brought, essentially. MiCGA and the parties are currently considering next steps.
We have contacted the press on behalf of our membership and let them know of this new development. The Legislature is fully apprised as well. They are returning next week for 1 day and then for the rest of the Fall in September. We are hoping they do the right thing and help us work out something that will stop this nonsense.
In the meantime, as usual, continue to put pressure on the Governor and the Legislature. More information will be emailed and posted on Facebook as soon as it becomes available.