Governor Ivey’s lawyers file motion to dismiss mask lawsuit

Governor Ivey’s lawyers file motion to dismiss mask lawsuit

HUNTSVILLE, Ala. (WAFF) - On Tuesday, a lawsuit challenging Alabama’s mask order will go before a judge in Montgomery. Three Jackson county residents are suing, saying the governor can’t issue orders like this.

But the governor’s lawyers have filed a motion to dismiss this case, saying there’s a clear legal authority for the mask mandate.

Ultimately, a judge will make a ruling on whether or not the lawsuit can move forward.

Huntsville Attorney Mark McDaniel says the plaintiffs argue they have been deprived of due process and that being forced to wear a mask hurts their individual liberties.

But McDaniel says the state constitution is on the governor’s side and as the Chief Executive of the State, it’s her obligation to protect the people.

“The Constitution of 1901 of Alabama gives the governor the constitutional authority to do it, and the Alabama legislature of 1955 -- you’ve got laws that give the governor authority to do it,” McDaniel said. “But if somebody came to me and said ‘we want to contest this emergency order from the governor because we don’t want to wear a mask,’ I would say that she has the obligation under the constitution to protect the people of the state of Alabama.”

If the judge dismisses the case, McDaniel suspects the plaintiffs will appeal it to the Alabama Supreme Court and ultimately to the federal courts.

If the case is allowed to move forward, there’s no clear timeline for when it might be heard.

The hearing is scheduled for 2 p.m. today.

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