Georgia Governor Brian Kemp filed a lawsuit Thursday challenging the restrictions implemented by Atlanta mayor Kay the bottom of the gun, including her Ordinance residents wear masks to help curb the spread of the COVID-19. This is the latest step in the growing conflict between the Governor and local governments in the management of the National How to deal with the ongoing epidemic.
The proceedings proposed by Kemp on both the bottom and the Atlanta City Council challenge at the bottom of the ability to indicate the population of the city to wear a mask. In view of the unique situation COVID-19 pandemic, the experts expressed different views whether the suit might succeed.
The day before, on Wednesday, Kemp, through an Executive order, to prohibit municipalities issued a decree that required people to wear masks. The lawsuit alleged that the local state of the municipalities have no legal authority to issue commands that are more or less restrictive than those issued by the Governor.
“The mayor of the city of Atlanta Mayor’s pants does not have the legal authority to modify, change or ignore the Governor Kemp Executive order”for the country. It also challenges the bottom’10 month rolling Atlanta back to the”stage 2″critical”stage 1,”asking residents to stay at home, in addition to necessary travel and needs restaurants and businesses just to go and enjoy the meals.
Several other cities in Georgia have released mask of regulations similar to the end’, including Savannah and Athens, but Kemp litigation involves only Atlanta. Similar tensions between the government and the local government has appeared in other places in the United States, for example, in New York, Governor Andrew Cuomo and New York City Mayor Bill de Blasio publicly sparring re-open measures.
In 10 months, bottom said in a statement, she rolled back the re-opening of measures”(b)also requires a surge of COVID-19 case and other trends in the data, increase,”Georgia re-open in a reckless manner and the people of our city and the country suffering the consequences.”
Georgia was the first country to re-open its economy at the end of April, it has seen a sharp increase COVID-19 cases in the past few weeks. On Thursday, Georgia included in a list of”red zone”of the country to prepare the White House the Cov task force, mean that Georgia has more than 100 new cases per 100,000 people last week, according to the Atlanta The Constitution magazine. On Friday, the Georgia Report, 3,908 cases of new viruses and 28 confirmed deaths, according to the State Department of Health. As of Friday afternoon, Georgia has been at least 135,192 confirmed cases overall, according to one tracker from Johns Hopkins University of.
Since April 3, the United States Centers for Disease Control and Prevention(CDC) recommends that people wearing face coverings in public, to help curb the spread of the COVID-19. Last Tuesday, the disease control center also said in a news release on the latest science”to affirm cloth covering a key tool in the fight against COVID-19, can reduce the spread of disease.”
Kemp has expressed his support for the people wearing the mask, and encouraged Georgia to do so. Last Thursday, Georgia Attorney General Chris Carr tweeted that”the Georgian state continues to urge citizens to wear masks. This litigation related to the rule of law.” Kemp also tweeted Thursday on his clothes is”I represent Atlanta business owners and their hard-working employees are struggling to survive in these difficult times.”
For her part, pants tweeted Thursday in response to the litigation,”3,104 Georgians have died, I and my family are in the 106k who have tested positive for COVID-19. At the same time, I have been indicted @GovKemp For a mask of the task. A better use of taxpayers ‘ money will be to expand testing and contact tracing.” The bottom Tweeted At 8, it took her family eight days to receive their COVID-19 results.
In a press conference last Thursday, the pants also said,”I’m not afraid of the city being sued and I will get our policy for any person any day of the week.” Not pants nor Kemp immediately responded to the time requirements of the review proceedings.
Not. Kemp of the proceedings the opportunity to win?
Some legal experts time to speak with disagreement whether Kemp of the proceedings the opportunity of compelling the fall of Atlanta the mask of the task.
Kathy Cox, Dean of College of Tromsø University School of law, said she thought Kemp could win because of the structure of local government in Georgia. Municipal authorities have a wide range of emergency powers in the legislation of Georgia, Cox explained, but the same law says the city can’t use their powers to do anything”inconsistent”with an order enacted by the Governor. “The city does not have a lot of leeway to do things beyond what the legislature says they can do it,”she said.
Michael Mills, an associate Professor of law to Atlanta’s John Marshall Law School, agrees with this point, tell the time,”there are some cases in Georgia back in the 1930s, to give the authorization of the Governor.”
State and local governments sparring over the issue of authority several times in the past, Clark Cunningham, a Professor of law at Georgia State University College of law, the description of the time, the government and the state government usually wins. However, Cunningham explained that Kemp’s order is established in him the emergency powers, which gave him authority”to take action to protect the health, safety and welfare of Georgia residents and visitors, to ensure that the COVID-19 is still control of the whole of this state.”
Kempsey is unique, Cunningham said, because the bottom might effectively think that, in order to prevent her from a forced mask, is a violation of the Kemp’s Declaration of a public health emergency. Thus, in Cunningham’s opinion, to win, Kemp should someone believe that”to prevent the mayor asked to wear masks to ensure that COVID-19 maintain control.” If the court agrees with this principle, Kemp may lose the case, Cunningham said.
The Governor of the meet, not just the bottom’of the mask regulations. Polly price, Professor of law and global health at Emory University, speaking to time,”said the lawsuit seeking an injunction by the court to prevent the mayor issuing any more orders related to social distancing measures.” In addition, it requires that the mayor and city Council need to state, any orders, which have been or may be issued on the pandemic is not performed, the price explained. Price said she did not know that Kemp will win, because the court may not buy his argument for an injunction, this court only the issue, if any threat of”irreparable harm.”
Kempsey mounted also asked the court to place vomiting in the bottoms that will prevent her from telling the Press that”she has the right to impose more or less restrictive measures command. Kemp-related public health emergency.” A judge may be hesitant to such a joke, because this may violate the Constitution’s First Amendment guarantee of freedom of speech, Cunningham said.
If Kemp is to win the ruling could prevent other municipalities in the state to perform their own mask Act, Price said. But Mills said the case will likely be appealed to the state Supreme Court. Wouldn’t be surprised if this challenge is just the beginning of a long legal battle.