Governor Files Motion to Prevent Editor From Testifying in Firehouse BBQ Case

In an unusual move, Gov. John Bel Edwards has filed court documents asking 21st Judicial District Court Judge Brian Abels to prohibit former Rep. Woody Jenkins, now editor of the Central City News, from testifying in the trial of Danielle Bunch, owner of Firehouse BBQ in Watson.  Gov. Edwards wants to close down Firehouse BBQ and put Ms. Bunch in jail.

Jenkins served as a member of the Louisiana House of Representatives from 1972 to 2000 and in 1993 authored some key provisions of the Emergency Powers law, which Edwards has used as the legal basis for issuing Emergency Orders shutting down the economy, closing businesses, requiring masks, and other heretofore unheard of mandates.  Jenkins has repeatedly said Edwards has no authority to shut down businesses or require masks under the clear language of the legislation.

In the filings, Edwards says Jenkins should not be allowed to testify as an expert witness in the case because he was only one member of the legislature and cannot speak for the entire body.  However, Jeff Wittenbrink, attorney for Danielle Bunch for Firehouse BBQ, said he had not planned to call Jenkins as an expert but rather to simply have him explain what his amendments to the law did. “He doesn’t have to speak for the entire body.  He was the author and can tell what his intent was,” Wittenbrink said.

The Emergency Powers law grants to the Governor certain enumerated powers in case of an emergency.  None of those enumerated powers include things such as shutting down businesses or requiring masks.

Jenkins authored the parts of the law that give a majority of the members of either the House or the Senate the power to file a petition ending the emergency.

He also authored R.S. 29:736D, which says no action by the Governor can diminish any rights protected by the Declaration of Rights in the Louisiana Constitution or the Bill of Rights of the U. S. Constitution.  It also says the Legislature and the Judiciary will continue to function in an emergency. The legislation was crafted to give the governor greater power over the Executive Branch of government but not control over the general public.

A hearing in the Firehouse BBQ case began in August but did not take testimony because of questions over the jurisdiction of the court. So the court has not yet ruled on whether Jenkins will be allowed to testify or whether the Governor will succeed in keeping him from being called as a witness.