Mandatory mask order in effect, some question its legality

Published: Jul. 10, 2020 at 6:11 PM EDT
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LEXINGTON, Ky. (WKYT) - A mandatory mask order is now in effect in Kentucky, but some are questioning the legality, including Attorney General Daniel Cameron who is asking a judge to weigh-in.

There is no ruling yet from the judge on whether the mask mandate violates the restraining order against Governor Andy Beshear.

The Scott Circut Clerk’s Office says the attorney general’s motion was not filed by the close of business. It could be filed electronically after hours, but we don’t know when the judge will get his hands on that or rule on it.

That judge’s initial ruling was issued yesterday before the governor’s executive order mandating masks. Not only did it strike down certain restrictions, but it also put limits on the governor’s future orders.

This motion is to see if the mask mandate violates that restraining order.

On Friday the attorney general said if the governor consulted with his office on the mask mandate then this step wouldn’t have been necessary. He says this isn’t about masks, it’s about making sure the action follows state law.

Gov. Beshear said whether or not the judge rules this action violates that, the mask order is still in effect.

“You don’t write restraining orders like this. It’s very bizarre. It’s not legal. And we expect that the court of appeals either in an initial motion or in a larger hearing in front of a panel will overturn the restraining order. Now, once they make that decision, we can get that to the Supreme Court. But it’s time. If we’re gonna get lawsuits on this stuff, that we go ahead and get it in front of the Kentucky Supreme Court and get a final ruling,” said Beshear.

The Circut Clerk’s Office says typically motions filed electronically after hours on the weekend aren’t looked at until Monday.

Again, the governor says the mask mandate is now in effect.

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