Georgia gov sues to end cities’ defiance
State fights local enforcement of face mask requirements
Georgia Gov. Brian Kemp is suing Atlanta to block the city from enforcing its mandate to wear a mask in public and other rules related to the COVID-19 pandemic.
Kemp and Georgia Attorney General Chris Carr, in a suit filed in state court late Thursday in Atlanta, argue that Atlanta Mayor Keisha Lance Bottoms has overstepped her authority and must obey Kemp’s executive orders under state law.
“Governor Kemp must be allowed, as the chief executive of this state, to manage the public health emergency without Mayor Bottoms issuing void and unenforceable orders which only serve to confuse the public,” the lawsuit states.
Kemp on Wednesday clarified his executive orders to expressly block Atlanta and at least 14 other local governments across the state from requiring people to wear face coverings. Kemp’s order was met with defiance Thursday by Bottoms and some other mayors, who said they would continue enforcing the order. The lawsuit forces that showdown, resolving an ambiguous situation with Kemp denying local governments could order masks, but local governments arguing it was within their power.
“I am not afraid of the city being sued and I’ll put our policies up against anyone’s, any day of the week,” Bottoms said Thursday during a video news conference, telling reporters the city’s order is still in effect. She did not immediately respond later to a request for comment on the lawsuit.
Officials in at least 15 Georgia cities and counties had ordered masks during the coronavirus pandemic, and many were angry at Kemp for swatting down their efforts.
Kemp says he strongly supports mask-wearing to combat the spread of COVID-19 infections. He traveled the state this month to encourage face coverings. But he has maintained that cities and counties can’t require masks in public places, saying local actions can’t be more or less restrictive than his statewide orders.