Name: Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order
Brand: al.com
SKU: al-com-169
Availability: OnlineOnly

critic

Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order

preview

NEW!1,903sharesA Montgomery judge has dismissed a lawsuit filed by three Jackson County residents challenging Gov. Kay Ivey’s authority to order people to wear masks because of Montgomery County Circuit Judge Greg Griffin dismissed the case after a hearing this afternoon. Attorneys representing Ivey requested the dismissal.Retired sheriff’s deputies Barry Munza and Larry Lewis and real estate agent Debbie Mathis claiming that the Alabama Emergency Management Act of 1955 does not empower the governor to order people to wear face coverings.Their attorney, Seth Ashmore, said they would appeal Griffin’s decision.Ivey’s order says people must wear face coverings if they are within 6 feet of a person from another household in an indoor space open to the public, an outdoor space where 10 or more people are gathered, or a vehicle operated by a transportation service. There are exceptions, such as for children 6 and under and people with certain medical conditions.The plaintiffs said they often interface with people within 6 feet in public. They note that the order carries the possibility of fines and incarceration for violators. They asked the court to block enforcement of the order, which went into effect July 16.Defendants in the case are Ivey, State Health Officer Dr. Scott Harris, and the Alabama State Board of Health. They filed a motion to dismiss the case on July 27. It says the Emergency Management Act “provides ample authority” for the mask order. It notes that the day the order was announced, intensive care units in Alabama hospitals were at 87% of capacity.Griffin heard arguments from both sides before announcing his decision. He said both sides did a good job presenting their arguments and did not explain why he was dismissing the case.Assistant Attorney General Brad Chynoweth went over several legal issues during the hearing but told Griffin the only issue for the court to decide was whether Ivey had the authority to issue the mask order under the Emergency Management Act. He said the answer was clearly yes.Ashmore said the Legislature did not grant the governor that much authority when it passed the Emergency Management Act in 1955.“The Legislature did not give the governor the authority to make law,” Ashmore told the judge. “It’s an unconstitutional delegation of authority.”Ashmore spoke to reporters after the decision.“The three people that signed this complaint need to be commended for their courage to basically hold accountable the government,” Ashmore said. “What we’ve got here, what’s going on, is the governor has signed executive orders under her authority under the Emergency Management Act of 1955. Those are very narrow powers that the governor has and they’ve been stretched almost to the point of breaking and I think they have broken.”Mathis, who attended the hearing, was asked why she got involved in the lawsuit. She said her father’s career as a lawyer and a judge sparked her interest in legal matters.“So I’ve always been interested in the law and standing up for what is right,” Mathis said. “And I expect her (Ivey) to follow the law as I do as a realtor.”Mathis said she and Ashmore have heard from other realtors who are glad they took a stand on the mask order.“I think it has scared a lot of people,” Mathis said. “It affects the personal business of my business.”Chynoweth, arguing on behalf of Ivey and State Health Officer Harris, said it was important to note that the mask order had the clearly defined purpose of trying to reduce the spread of COVID-19 and help keep the state’s health care system from being overwhelmed by the pandemic. He said it was in line with recommendations from the Centers for Disease Control to achieve those objectives. by on Scribd by on ScribdNote to readers: if you purchase something through one of our affiliate links we may earn a commission.

NEW!1,903sharesA Montgomery judge has dismissed a lawsuit filed by three Jackson County residents challenging Gov. Kay Ivey’s authority to order people to wear masks because of Montgomery County Circuit Judge Greg Griffin dismissed the case after a hearing this afternoon. Attorneys representing Ivey requested the dismissal.Retired sheriff’s deputies Barry Munza and Larry Lewis and real estate agent Debbie Mathis claiming that the Alabama Emergency Management Act of 1955 does not empower the governor to order people to wear face coverings.Their attorney, Seth Ashmore, said they would appeal...

Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order

No article scores yet.

CRITIC REVIEWS

PUBLIC REVIEWS