While several blue state governors across the country announced this week that they will drop indoor mask mandates in the coming weeks, a local judge is mulling arguments over St. Louis County's mandate.
Last month, a judge denied Attorney General Eric Schmitt’s request for temporary restraining order against a St. Louis County face mask ordinance, ruling that more information was needed, according to media reports.
In his Jan. 19 opinion, St. Louis County Circuit Judge Richard M. Stewart said that Gov. Michael Parson’s failure to renew a COVID-19 emergency order this year mooted Schmitt’s previous argument.
“Plaintiff equates a ‘terminated’ order with one ‘prohibited’ under state law,” Stewart wrote in the order. “The two are not the same, and equating an order terminated by a vote of the County Council with an unlawful order, would deviate from the plain language used by the Missouri State Legislature.”
The judge’s decision was an unexpected turn of events given that Schmitt’s first lawsuit seeking to overturn St. Louis County’s mask order was successful last year.
“I support the Attorney General's actions in challenging any order from St. Louis County that has to do with COVID mandates,” said Paul Berry, a Republican politician who is campaigning to represent Missouri's 2nd congressional district. “All Attorneys General have the discretion to represent the interest of Missouri residents as they see fit. So, so I don't take opinion to the Attorney General's positions one way or the other from a political perspective but generally St. Louis County Department of Health shouldn't be trusted.”
Schmitt’s initial lawsuit resulted in a masking order issued by County Executive Sam Page and Health Director Dr. Faisal Khan being rescinded on Dec. 9.
“As a foundation, the St Louis County Health Department cannot be trusted because the St. Louis County Council voted 5-2 not to confirm Dr. Faisal Khan and Sam Page, over the objections of our elected officials, continues to utilize Dr. Khan so anything that he issues, in my perspective, not only cannot be trusted but shouldn't be trusted," Berry told the St. Louis Record.
The County Council approved a mask order on Jan. 5 and Schmitt promptly sued on Jan. 6.
A hearing was held on Feb. 8, however, Stewart has not yet issued a decision, according to media reports.