ATLANTA, GA –Atlanta Mayor Keisha Lance Bottoms recently signed an executive order requiring all persons in the City to wear a face mask while outside of their homes.
Mayor Bottom’s order also prohibits groups larger than ten from gathering, although it does not specify if that includes riots and, or what many call “peaceful protests.”
Republican Governor Brian Kemp believes that the people in the state should be strongly encouraged to wear them. However, he also believes that is a personal choice. He has said as much recently in his ban against face mask mandates.
Since Mayor Bottoms ignored the Governor’s order and issued the mandate requiring them anyway, Governor Kemp is suing to kill the order. The lawsuit specifically targets Mayor Bottoms and the Atlanta City Council.
This lawsuit is on behalf of the Atlanta business owners and their hardworking employees who are struggling to survive during these difficult times. (1/4) https://t.co/vxiOmteHaH
— Governor Brian P. Kemp (@GovKemp) July 16, 2020
The basis for the lawsuit is that local governments cannot exceed the limits which the state government has authorized. In a tweet, Governor Kemp said:
“This lawsuit is on behalf of the Atlanta business owners and their hardworking employees who are struggling to survive during these difficult times.
“These men and women are doing their very best to put food on the table for their families while local elected officials shutter businesses and undermine economic growth….I refuse to sit back and watch as disastrous policies threaten the lives and livelihoods of our citizens.
We will fight to stop these reckless actions and put people over pandemic politics.”
Georgia Attorney General, Chris Carr, also believes that local governments cannot exceed mandates placed on them by the state government.
He said:
“The City of Atlanta cannot continue to knowingly enter orders that are unenforceable and void.”
The Governor’s spokeswoman, Candice Broce, tweeted:
“Previous executive orders -and now this order -state no local action can be more or less restrictive than ours. We have explained that local mask mandates are unenforceable. The Governor continues to strongly encourage Georgians to wear masks in public.”
Previous executive orders – and now this order – state no local action can be more or less restrictive than ours. We have explained that local mask mandates are unenforceable. The Governor continues to strongly encourage Georgians to wear masks in public. https://t.co/MpxkPUkmBL
— Candice Broce (@candicebroce) July 16, 2020
Mayor Bottoms disagrees and believes that she is within her right as the Mayor to mandate that face masks be worn. Her belief is that wearing face masks decreases the likelihood of spreading the virus.
In an interview with MSNBC, Bottoms said:
“Other cities have taken the approach that they are going to defy the governor’s executive order. Savannah has done it, some other cities have done it, and Atlanta is going to do it today.”
According to NBC News, Mayor Bottom said regarding the lawsuit:
“A better use of taxpayer money would be to expand testing and contact tracing. If being sued by the State is what it takes to save lives in Atlanta, then we will see them in court.”
There is a scientific belief that wearing of face masks can help reduce the spread of the virus. In a press release, CDC director Dr. Robert R. Redfield said:
“We are not defenseless against COVID-19. Cloth face coverings are one of the most powerful weapons we have to slow and stop the spread of the virus – particularly when used universally within a community setting. All Americans have a responsibility to protect themselves, their families, and their communities.”
While no one is seemingly arguing against the potential benefits of wearing face masks, there is a legal argument that is brewing over whether or not wearing them can be mandated and enforced. In North Carolina, a group of Sheriff’s advised that requiring Americans to wear face masks is not constitutional.
The underlying belief is that laws that are to be enforced by law enforcement officials must be passed by the State Legislature and not just through an executive order. Their concerns, beyond their belief that it is unconstitutional, are how exactly they will enforce the order.
If someone refuses to wear one, are their law enforcement officers supposed to arrest them? If the person resists officers, then do they use force to gain compliance for this type of order?
The lawsuit filed by Governor Kemp will hopefully provide an answer moving forward.
Meanwhile, in California, Sheriffs are saying they will not enforce their Governor’s mask mandates.
While governors such as Gavin Newsom let terror groups like Antifa and Black Lives Matter run roughshod, unabated across their states, they continue to implement measures that some call draconian as coronavirus cases have rebounded as states open up.
On Friday, California broke a record for the number of cases in a single day, according to KTLA.
That same day, Newsom issued a new mandate that is ordering state residents to wear masks inside public spaces and in situations where six feet of social distance cannot be maintained.
However, at least five sheriff’s departments are fighting back, saying that they will not enforce the order, while citing the minor nature of the offense or lack of sufficient resources.
The sheriff’s offices which announced their refusal to enforce the order are those in Orange, Sacramento, Tulare, Fresno, and Calaveras counties.
Sacramento not enforcing it.
Los Angeles not enforcing it, at least not in my neighborhood.
Orange County not enforcing it.
😂😂😂#RecallGavin2020#RecallGavinNewsomhttps://t.co/3KKHyzthPF
— Liberty Lisa (@brandt_kat) June 21, 2020
In Orange County, sheriff Don Barnes said:
“It is each person’s responsibility to wear a face covering and follow other recommended safeguards in order to stop the spread of COVID-19; it is not law enforcement’s responsibility to enforce it.”
In Sacramento, the sheriff’s office suggested that people should be “exercising safe practices,” including the wearing of masks, but said it was “inappropriate” to criminally enforce the governor’s order, or go after people or businesses who refuse to do so, according to the Sacramento Bee.
“Due to the minor nature of the offense, the potential for negative outcomes during enforcement encounters, and anticipating the various ways in which the order may be violated, it would be inappropriate for deputies to criminally enforce the governor’s mandate,” Sheriff Scott Jones said in a statement.
God bless Sacramento County Sheriff Scott Jones. It’s about time we had someone in authority stand up for the Constitution and what is right. Again, God bless him. @sacsheriff https://t.co/2RqpvSNHXN
— Ranger Roy, #KAG, #CULT 45, 🇺🇸🇺🇸🇺🇸 (@ragtown48) June 20, 2020
Rather Jones said, deputies will be working in more of “an educational capacity,” which the office has maintained as an enforcement stance over the executive orders for months with regard to social distancing protocols, despite health orders locally and statewide coming down in an effort to slow the spread of coronavirus.
Jones said that sheriff’s office employees will comply with the order “to the extent feasible.”
As of Friday, Sacramento County had recorded 1,976 lab-positive cases of COVID-19, with 67 deaths. More than 475 cases and 22 deaths have taken place in unincorporated county areas of the county where Sacramento sheriff’s deputies routinely patrol.
Other Sacramento area agencies have also said that they will not enforce the order, including the Sacramento Police department, which said in a released statement that their “primary focus would be education,” spokesman Karl Chan said.
Placer County Sheriff’s Office spokeswoman Angela Musallam said that office will not enforce Newsom’s order either.
“We do hope [people] will take the rule to heart, but we have no interest in arresting or penalizing people who aren’t wearing masks in any way,” she said.
The office will be directing residents who have concerns about either businesses or groups that are out of compliance to Newsom’s office.
The Placerville Police Department notified residents in a Facebook post on Thursday just after Newsom’s order that they were requested not to contact the police department to report violations of the mask order and to “use common sense and keep yourself safe.”
“This is not a police issue,” the department wrote.
Likewise, the Roseville Police Department said that they too would not enforce Newsom’s order.
“No law enforcement agency wants to be responsible for shutting down a gathering or citing people who are out of compliance” the department said in a Facebook post Thursday.
“If the need arises, we’ll work with our partners in Placer County Health and Human Services and City of Roseville Code Enforcement to ensure everyone understands the requirements and is working toward compliance.”
Yolo County officials said they would only act against non-compliant businesses, and not individuals. The county has had its own mask requirement in place since the end of April. They noted that their priority is education to get people to comply with the mask directive.
With the Yolo County Health Officer Order in place requiring the use of face masks while out in public, the CDC has instructions on how to make your own face mask at home! For more information, please visit https://t.co/hJ3tzyABQ0
— Yolobus (@YolobusYCTD) April 28, 2020
“The regular person on the street is likely not going to be given a citation,” said county spokeswoman Jenny Tan. “Businesses must make a good faith effort. When someone comes into a business or restaurant or gym, they have to say, ‘Hey please wear a face covering.’”
Aside from law enforcement officials, some cities and towns are also balking at enforcing the order. For example, the mayor of Nevada City intimated that Newsom’s order was not legitimate.
The Sacramento County Sheriff’s Office, along with Sacramento police, Placer County deputies, Roseville police and Placerville police, will not be enforcing Newsom’s mask order.Northern California mayor lashes out at Newsom’s mask order: ‘There is no law’ https://t.co/gCjGB2UwSK
— WeezyLeaks (@WeezyLeaks420) June 21, 2020
Saturday morning, Mayor Reinette Senum said that Newsom’s orders could not be enforced by law and no action can legally be taken against offenders.
“As you go about your day today, KNOW there is NO LAW that Orders you to Wear a Mask. Our Governor does NOT have that unilateral power to make such orders,” Senum said.
“Ask your local Police chief or officers. They will not, and cannot, cite ANYBODY for not wearing a mask because the law does not exist.”
Senum continued, “When you come across Newsom’s ‘orders’ online, you will see it’s linked to a page that does not lead you to his Executive Order, BUT to the California Department of Public Health GUIDELINES!,” SHE SAID.
“Again, NOBODY can be forced to wear a mask outside, in a business, or as an employee or customer.”
It appears that not only have people had enough of subjective enforcement, but so have police and sheriff’s departments.
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