JEFFERSON CITY 鈥 Although a group that sued Missouri over local COVID-19 regulations dismissed its case last week, Attorney General Andrew Bailey believes the fight against mask mandates and restaurant closures during a deadly pandemic isn鈥檛 over.
In a filing this week, Gov. Mike Parson鈥檚 Republican appointee to the office argued that a Missouri Supreme Court ruling in the case did not restore power to counties to impose health orders.
Rather, a top Bailey deputy wrote, the high court鈥檚 August decision was limited and does not erase a 2021 decision by a Cole County judge that stripped counties of their ability to combat the spread of a respiratory disease that killed over 20,000 Missourians.
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鈥淭here is no indication in the Supreme Court鈥檚 opinion that鈥 would apply to the merits of the judgment, revive regulations judicially declared as unconstitutional, and return Missouri to its state of affairs two years ago,鈥 the filing said.
The move is meant to seal Cole County Circuit Judge Daniel Green鈥檚 decision in state regulations, even though the St. 不良研究所导航网址 County business owners voluntarily dismissed their case last week after the Supreme Court sent the matter back to Green鈥檚 courtroom in Jefferson City, saying St. 不良研究所导航网址 and Jackson counties should have been able to appeal the lower court ruling.
It also keeps the issue of mask mandates and business closures alive for the political newcomer as he runs for the office. Bailey鈥檚 predecessor, U.S. Sen. Eric Schmitt, used a series of lawsuits challenging mask mandates as a significant part of his campaign messaging in the 2022 election cycle.
Yet, in May, Schmitt鈥檚 tactics were rebuked by a Jackson County judge, who ruled that Schmitt had no legal authority as attorney general to force school districts to end their pandemic safety procedures.
One of the litigants in the case was restaurant owner Ben Brown, who rode the notoriety of fighting against local health regulations to a seat in the state Senate. The Republican is from Washington.
In its August decision, the Supreme Court did not elaborate on which parts of Green鈥檚 ruling should be locked into law and which parts were primed for further debate.
鈥淭he circuit court鈥檚 judgment and its post-judgment order denying intervention are vacated, and the case is remanded,鈥 the high court said.
The court added that Green was supposed to allow the counties to intervene and enter an amended judgment.
But, before Green could act, the group that originally sued voluntarily dismissed its suit, saying the backers were running out of money and that the county was wasting taxpayer dollars pursuing the reinstatement of its powers.
鈥淯nlike St. 不良研究所导航网址 County, plaintiffs do not have other peoples鈥 money to throw away by continuing to fight this issue against an uncontrolled government,鈥 the filing signed by St. 不良研究所导航网址 attorney Kimberley Mathis said. 鈥淭his expensive litigation is therefore neither necessary nor worthwhile at this time.鈥
In the latest filing, Bailey鈥檚 office said the counties should not interpret the dismissal of the case as a victory that restored their powers.
鈥淭he merits of this court鈥檚 judgment still stand. The counties should operate accordingly,鈥 the brief said.
On Friday, a spokesman for St. 不良研究所导航网址 County issued a statement repeating what officials said when the business owners dismissed their case.
鈥淲e agree that the case should be dismissed and the judgment vacated. This allows our Department of Public Health to do what it is charged with doing 鈥 protecting the health of St. 不良研究所导航网址 County residents,鈥 Doug Moore said.