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LOUISVILLE, Ky. (WDRB) — A group of Kentucky leaders asked the state Supreme Court on Wednesday to reconsider a ruling that led to the governor's removal of the head of Kentucky Venues.

Two weeks ago, Kentucky Gov. Andy Beshear removed David Beck as the president and CEO of Kentucky Venues, the organization that manages the Kentucky Exposition Center and other state-owned venues. Beck had served in the role since 2018.

Beck's removal came after the Kentucky Supreme Court ruled in Beshear vs. Coleman a GOP-backed law changing control of fair board appointments was unconstitutional. That law, House Bill 518, moved appointment power away from the governor and to Jonathan Shell, Kentucky's agriculture commissioner. The court ruled that violated separation of powers, giving the authority back to Beshear.

That ruling led to the surprise shakeup at the Kentucky State Fair Board with Beck's removal. In an interview less than a week after his removal, Beck said Beshear called him to Frankfort on June 29 and told him he could either resign or he'd be removed from the position he'd held since 2018.

"A lot of people think the existing board, or the current board, voted on me," Beck said. "They never did. The action was taken by the administration to rule my contract was invalid. That was how the action took place."

Mike Berry, the former head of the Kentucky Derby Festival, was appointed interim president and CEO. Berry also previously served as Kentucky’s Tourism, Arts and Heritage secretary under Beshear. 

At the time, Beshear said it was an action that he supported because the board had been "operating for five years in an unconstitutional manner, and every budget, contract and decision from that time will have to be evaluated."

"What we got from the Supreme Court is a decision saying that I, ultimately, am accountable for what the fair board and these other boards the legislature tried to make independent do," Beshear said during a July 2 news conference in Frankfort. "The buck's gotta stop somewhere in the executive branch, and it stops with the governor.  

"... If I'm going to be accountable, then the person who heads that board and runs that operation has to be willing to be accountable to me and work with me and the various board members. And the individual that is no longer there led a charge to prevent any form of accountability from a governor, was not willing to work with me and made that pretty clear."

On Wednesday, Attorney General Russell Coleman, Agriculture Commissioner Jonathan Shell, Auditor Allison Ball, Treasurer Mark Metcalf and Secretary of State Michael Adams asked the state's high court to rehear their arguments in the Kentucky State Fair Board and Executive Branch Ethics Commission cases.

The group argues that the state Supreme Court should "respect their statutory responsibilities as independently elected officers" from the governor and are asking the court to reconsider the ruling striking down the law governing appointments to the State Fair Board and the Executive Branch Ethics Commission.

"Kentucky's Constitution is clear. The powers of the executive branch are divided between the governor, and the Commonwealth's other statewide elected officers," Coleman said in a statement. "We don't work for Governor Beshear, and the State Fair Board and the Ethics Commission will operate more effectively out from under his thumb."

The constitutional officers said Beshear "unlawfully" replaced members of the fair board and fired Beck, creating "unnecessary disruption" ahead of the annual state fair.

"This court ruling runs completely counter to 200 years of established precedent, attempting a partisan overreach that is entirely contrary to Section 93 of Kentucky's constitution," Ball said in a statement. "Kentucky deserves an Executive Branch Ethics Commission that upholds good governance and serves the public interest, not one beholden to partisan control."

Following his removal Beck, who planned to retire Aug. 31, said he believed Beshear's administration was "very anxious" to make the change, and used the state Supreme Court ruling to start.

Asked whether he thought that was legal, Beck said he'd "let somebody else answer that" but questioned "the effectiveness of that."

Beck's new contract was set to take effect July 1, according to an internal letter sent to Beck by Ray Perry, chair of the board. So his contract was voided. Beck said he received that letter around 10:30 p.m. June 30.

"I'm at peace with where I am," he said. "I think I know the difference between right and wrong, and the outpouring of support that's been expressed to me verifies that I must've been doing something halfway right along the way. And the numbers speak for themselves."

Beck said he wasn't surprised by it but thought Beshear would wait until the effective day of the Supreme Court ruling, which was July 15.

"This is not partisan politics," he said. "What we do, tourism, agriculture, they're not and they shouldn't be treated as such. So I would question the timing."

The board oversees about 260 events each year at the Kentucky Exposition Center and related venues, generating nearly $450 million for the state economy. And the move came just weeks before the annual Kentucky State Fair, one of the board's biggest and most high-profile events.

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