Nebraska Attorney General Doug Peterson (R) announced Thursday that he filed a lawsuit in Douglas County District Court aiming to stop Omaha’s temporary mask mandate.
On Tuesday, Douglas County Health Director Lindsay Huse issued the mandate, which went into effect at 12:01 Wednesday, KETV reports. In a tweet, Peterson said he filed the lawsuit late on Wednesday, stating the complaint asks “the court to find that Dr. Huse lacked authority to issue the mask mandate and to prevent local officials from enforcing the mandate.”
The complaint states:
The mask mandate is unlawful because, as alleged herein, the mandate exceeds Dr. Huse’s authority under the Omaha Municipal Code, the mandate conflicts with applicable state law, the portions of the Omaha Municipal Code that Dr. Huse invokes to justify her mandate are preempted by state law, and the mandate violates Article XI, Section 5 of the Nebraska Constitution.
On Tuesday, Peterson sent Huse a letter indicating he would challenge the order if the health department proceeded with the mandate, KETV previously reported. He noted that Huse did not receive approval from Nebraska’s Department of Health and Human Services:
As you are aware, pursuant to (Nebraska Revised Statute 71-1631), you do not have authority to unilaterally issue such a mandate without first obtaining the approval of DHH. You previously requested DHHS approval for a similar mask mandate (Directed Health Measure) on August 24, 2021, which DHHS denied. At that time, you were informed that should the Douglas County Board of Health attempt to enforce a DHM without state approval, the Attorney General may challenge that action.
Shortly after Huse’s request was denied in August, she texted Omaha Mayor Jean Stothert (R) on August 31, stating she would not enact a mask mandate using her “city health director authority” without Stothert’s support, KETV previously reported.
Tuesday’s ordinance came without the mayor’s backing.
According to KETV, Stothert said:
I do not support Dr. Huse’s decision to proceed with a mask mandate, although I recognize she has the authority to do so under City Code. I am disappointed she is proceeding with such an impactful decision for all Omaha citizens without my support or the full support of the City Council, as she previously said she would. I don’t believe citizens want to reinstate steps such as limiting capacity and canceling events, closing city facilities, closing restaurants and bars, and work from home options for many businesses, which had such negative consequences for families, businesses, employment, and the city’s economy.
Neither Stothert nor the City Council has authority to reverse the mandate, the mayor added.
Huse said changing circumstances regarding the virus prompted her to move forward without Stothert’s backing, KETV reported.
“We were in a situation where vaccinations were working much better than they are currently we were in summertime, when people were not having the level of infections. … Right now, we have no possible (hospital) capacity. I don’t know how to say that strongly enough,” Huse said.
On Tuesday, Nebraska Gov. Pete Ricketts (R) reaffirmed his stance against mask mandates while backing Stothert and noting he had “asked AG Peterson to consider legal action.”
A hearing is set for January 18 at 10:30 a.m. before Judge Shelly Stratman in District Court, according to KETV.
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