Page believes the council does not have oversight because the mandate does not impact a business’ ability to open and operate. It will likely end up in court
ST. LOUIS COUNTY, Mo. — The St. Louis County Council voted against the mandate put in place in St. Louis County on Monday, likely setting up a court battle to decide if it stays in place.
The council voted 5-2 to strike down the mask mandate after hours of public feedback Tuesday night. Most of the council members were taking issue with the fact that Page did not consult the council before putting the order in place.
A spokesman for Page said his office believes the mandate will remain in place because it does not impact a business’ ability to open and operate, meaning the council would not have oversight.
Motion to terminate mask order up for vote:
Clancy – Nay
Fitch – Aye
Days – Aye
Harder – Aye
Trakas – Aye
Webb – Aye
Dunaway – Nay
Motion to terminate has passed.
— Abby Llorico (@AbbyLlorico) July 28, 2021
As with previous disputes about health orders during the pandemic, the final result is likely to come in court. If it does result in a court battle, a judge could issue a temporary injunction to invalidate the mandate while the court battle plays out, or could leave the mandate in place until a decision is made.
Health orders in St. Louis County were upheld after multiple legal challenges last year, but state legislators passed a new bill limiting the power of local leaders when it comes to health restrictions.
According to a release, House Bill 271 says “political subdivisions may only issue public health orders that directly or indirectly restrict access to businesses, churches, schools or other places of assembly for 30 calendar days in a 180-day period when the governor has declared a state of emergency.”
The bill says those orders can be extended more than once with a majority vote by the local governing body.
Page’s office contends that the mask mandate does not restrict access to businesses, churches, schools or other places of assembly.
Originally Appeared Here