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A ruling on the state motion seeking to stop a mask mandate in the city of Omaha is expected no later than noon on Tuesday.Both sides presented arguments Monday morning to Judge Shelly Stratman in Douglas County District Court.From the attorney general’s office to the City of Omaha and an attorney representing three city council members, who say they’re the ones who can issue a mask mandate — not the health director.No lawyers were in the courtroom with the judge, arguing their cases via Zoom.The attorney general and the council members want the judge to grant a temporary injunction of the mask mandate. The state says Dr. Huse needs approval from the Department of Health and Human Services and can’t act on her own — she doesn’t have the authority to make decisions for the city.”The plain language of those ordinance explicitly give power to the Douglas County health director, not the city health director, thus her action can only be the county department and because she lacks state approval what she did is invalid,” said James Campbell, solicitor general for the Attorney General’s office.The city’s lawyer argued the city code grants her that right in a public health emergency. “The case is much simpler than arguing what her title is what her title isn’t that’s ultimately semantics the issue is where does she get the authority to issue this mask mandate and was that authority delegated validly to her,” said Edward Fox, who represents the City of Omaha.In filing for the injunction to stop the mandate earlier this month, Nebraska Attorney General Doug Peterson said Douglas County Health Director Dr. Lindsay Huse needed to receive permission from Nebraska Health and Human Services before enacting a mask mandate in Omaha.In her legal response to the state motion seeking to stop a mask mandate in the city of Omaha, Huse argued the politicization of public health has complicated her efforts to combat COVID-19 and her ability to protect the public health.“Too often the response to COVID-19 has sacrificed science on the altar of politics,” writes the attorneys for Huse in the defense brief. “Those entities and individuals challenging Dr. Huse’s public health measure are those who simply disagree with requiring the masks as a disease mitigation measure.”MORE: Read Huse’s briefPeterson’s complaint filed in Douglas County District Court states: “The mask mandate is unlawful because, as alleged herein, the mandate exceeds Dr. Huse’s authority under the Omaha Municipal Code, the mandate conflicts with applicable state law, the portions of the Omaha Municipal Code that Dr. Huse invokes to justify her mandate are preempted by state law, and the mandate violates Article XI, Section 5 of the Nebraska Constitution.”MORE: Read the full court filing challenging Omaha’s mask mandateHuse’s attorneys say while acting as Health Director for the city of Omaha, Huse ignored the “firestorm” surrounding COVID-19 policy, and exercised authority expressly granted to her under Omaha Municipal Code based on a “record spike in cases locally that is threatening the stability of Omaha’s healthcare system.”Peterson argues Huse abused and exceeded her authority by declaring the mandate. The Attorney General also contends the order conflicts with state law.READ MORE: Briefs filed on injunction to stop the mask mandateOmaha’s mask mandate began on Wednesday, Jan. 12. It requires those age five and above to wear a face-covering over the nose and mouth when in most public places. There are several exceptions to the mandate. Huse has said the mandate will be reviewed after 30 days and if certain benchmarks are met, the temporary order will be lifted.
A ruling on the state motion seeking to stop a mask mandate in the city of Omaha is expected no later than noon on Tuesday.
Both sides presented arguments Monday morning to Judge Shelly Stratman in Douglas County District Court.
From the attorney general’s office to the City of Omaha and an attorney representing three city council members, who say they’re the ones who can issue a mask mandate — not the health director.
No lawyers were in the courtroom with the judge, arguing their cases via Zoom.
The attorney general and the council members want the judge to grant a temporary injunction of the mask mandate.
The state says Dr. Huse needs approval from the Department of Health and Human Services and can’t act on her own — she doesn’t have the authority to make decisions for the city.
“The plain language of those ordinance explicitly give power to the Douglas County health director, not the city health director, thus her action can only be the county department and because she lacks state approval what she did is invalid,” said James Campbell, solicitor general for the Attorney General’s office.
The city’s lawyer argued the city code grants her that right in a public health emergency.
“The case is much simpler than arguing what her title is what her title isn’t that’s ultimately semantics the issue is where does she get the authority to issue this mask mandate and was that authority delegated validly to her,” said Edward Fox, who represents the City of Omaha.
In filing for the injunction to stop the mandate earlier this month, Nebraska Attorney General Doug Peterson said Douglas County Health Director Dr. Lindsay Huse needed to receive permission from Nebraska Health and Human Services before enacting a mask mandate in Omaha.
In her legal response to the state motion seeking to stop a mask mandate in the city of Omaha, Huse argued the politicization of public health has complicated her efforts to combat COVID-19 and her ability to protect the public health.
“Too often the response to COVID-19 has sacrificed science on the altar of politics,” writes the attorneys for Huse in the defense brief. “Those entities and individuals challenging Dr. Huse’s public health measure are those who simply disagree with requiring the masks as a disease mitigation measure.”
Peterson’s complaint filed in Douglas County District Court states: “The mask mandate is unlawful because, as alleged herein, the mandate exceeds Dr. Huse’s authority under the Omaha Municipal Code, the mandate conflicts with applicable state law, the portions of the Omaha Municipal Code that Dr. Huse invokes to justify her mandate are preempted by state law, and the mandate violates Article XI, Section 5 of the Nebraska Constitution.”
MORE: Read the full court filing challenging Omaha’s mask mandate
Huse’s attorneys say while acting as Health Director for the city of Omaha, Huse ignored the “firestorm” surrounding COVID-19 policy, and exercised authority expressly granted to her under Omaha Municipal Code based on a “record spike in cases locally that is threatening the stability of Omaha’s healthcare system.”
Peterson argues Huse abused and exceeded her authority by declaring the mandate. The Attorney General also contends the order conflicts with state law.
READ MORE: Briefs filed on injunction to stop the mask mandate
Omaha’s mask mandate began on Wednesday, Jan. 12. It requires those age five and above to wear a face-covering over the nose and mouth when in most public places. There are several exceptions to the mandate. Huse has said the mandate will be reviewed after 30 days and if certain benchmarks are met, the temporary order will be lifted.
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