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Judge denies motion to dismiss mask mandate lawsuit in St. Louis County



Judge denies motion to dismiss mask mandate lawsuit in St. Louis County

ST. LOUIS– A St. Louis County Circuit Court judge denied a motion by St. Louis County to dismiss a lawsuit over its mask mandate. Judge Nellie Ribaudo also denied the motion to dissolve the preliminary injunction and a motion to stay discovery.

The Missouri Attorney General’s office filed a lawsuit against St. Louis County earlier this year over its mask mandate.

“The people of St. Louis County scored another win as the Court denied the County’s motions to dismiss our case and dissolve the Preliminary Injunction, which remains in place,” said Attorney General Eric Schmitt in a press release. “There is no mask mandate in St. Louis County, and I will continue to lead this important fight on behalf of the people of Missouri.”

In the latest court order, Judge Nellie Rubiado says had the St. Louis County Council had issued a new public health order with the approval of the Council perhaps the issues might have been moot but as the Council chose to extend the July 26 Face Covering Order instead the issue is not moot.

Here is a timeline of events for the mask mandate:

  • St. Louis County Executive Dr. Sam Page issued a mask mandate on July 26. It required anyone five and older to wear masks in indoor public places and on public transportation.
  • On July 27, the county council voted five to two to revoke that mask mandate saying Page should have come to them first and that state law gives them the power to override public health orders.
  • Missouri Attorney General Eric Schmitt sued the county calling the mask mandate unconstitutional. Judge Ribaudo sided with Schmitt stopping the order from being enforced.
  • St. Louis County asked the judge to lift her order and throw out Schmitt’s lawsuit after the county council expressed support for the mask mandate on Aug. 27.
  • On Sept. 20, Judge denies St. Louis County motion to dismiss lawsuit over mask mandate as well as motion to dissolve the preliminary injunction.

The court set the next Preliminary Injunction Hearing for October 18 at 10 A.M.

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