He is not a fan of government, and he doesn’t hide that fact.
But that is not why Alex Coogan joined the owners of the Fulton Fun Factory and The Rejuvenation Center in a lawsuit filed in federal court last month against W.Va. Gov. Jim Justice in his official capacity as the governor of the state of West Virginia.
Coogan and his restaurant, Eden Family Restaurant at 135 Virginia St. on Wheeling Island, is involved because of lost business forced by the governor’s executive orders concerning the closures of dining rooms and bars across all 55 counties in the Mountain State.
“The governor completely overreached, and every governor in the nation that created Covid restrictions did the same thing,” Coogan said. “They just trampled on their states and the citizens’ rights. Who the hell gets to tell me or you or anyone what to do when we’re all just trying to feed our families?
“Everyone who works for me in my businesses knew what was going on because they wanted to work and take care of their families, but who really knew what they could do and not do? It seemed like the restrictions changed every day,” he said. “And, as far as some business owners, everyone took a bath across the board, and that includes most of the businesses that were deemed essential. As far as Eden is concerned, we lost all of our business because we were forced to close our dining room.”
It’s Not About Money
Court costs and filing fees are the only two mentions in the 27-page lawsuit that concern anything financial, and that is because Coogan is more centered on accountability.
“What Gov. Justice did and what the other governors did blatantly violated the United States Constitution, and that is why we filed the suit,” Coogan explained. “And I believe what Gov. Justice did to us and all the businesses will be ruled unconstitutional, and we’ll win very easily. It’s not about gaining any of the money we’ve lost, and it’s not about notoriety.
“It’s about preventing this from ever happening again,” he insisted. “We have to make this part of case law, and we have to prevent those kinds of actions in the future because someone got scared of something they didn’t even know everything about. That’s what has happened in West Virginia and in Ohio and also in a lot of other states in the country. Those governors just turned off the world, and you just can’t do that.”
Coogan and the other two businesses involved retained Wheeling attorney Paul Harris, and they all expect the court system to move swiftly with a decision.
“I imagine we’ll be in front of a judge way before there is a vaccine that actually works,” Coogan said. “This is not the only case that is out there. There are similar ones that have been filed by business owners in our state and some of the others.
“it is my belief that a vaccine is getting pushed because it’s an election year. I really do believe that if COVID-19 would have hit two years ago, it would have been handled much differently than how this has all gone down,” he said. “This virus really did turn off the world, but that didn’t happen when we had other viruses floating around. Why this time? Again, it’s an election year.”
Legislative Action
During the campaign season several candidates and incumbents have touted intentions to increase legislative control concerning emergency situations in case a similar situation presents itself in the future.
Coogan is not much a fan of additional regulation governed by bureaucrats.
“If the Legislature does anything, the bill would have to gut power, get control of state agencies, and hold the governor accountable for whatever he or she does with all of the executive orders,” Coogan said. “Those lawmakers would have to really define a state of emergency and who is in charge of making decisions instead of letting a governor and his or her administration make those decisions.
“I know West Virginia is not a big state, but what works in one region might not be necessary in other regions of the state,” he said. “Plus, I think voters need better memories because during an election year, you see all of these incumbents doing a lot of stuff so they can praise themselves while campaigning. But what did they two or three years ago? Let’s face it; probably nothing.”
