Georgia Governor Brian Kemp is suing Atlanta to prevent the city from enforcing its mandate to wear a mask in public and other rules related to the COVID-19 pandemic, and said in court that the city leadership he was illegally circumventing state executive orders with his own edicts.
Kemp and Georgia Attorney General Chris Carr, in a lawsuit filed in state court Thursday night, argued that Atlanta Mayor Keisha Lance Bottoms has overstepped her authority and must obey Kemp’s executive orders under the law. state.
Kemp “wants this Court to make a statement that Mayor Bottoms ‘executive orders are more restrictive and contrary to his executive orders, and therefore Mayor Bottoms’ executive orders related to COVID are suspended,” the lawsuit says.
Bottoms had announced July 10 that Atlanta would revert to “phase 1” status as coronavirus cases increased, arguing that the state had been “recklessly” reopened too soon. The move threatened to shut down restaurant canteens and nonessential city facilities. At the same time, Bottoms claimed that her orders were not “inconsistent” with Kemp’s.
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“This lawsuit is on behalf of Atlanta business owners and their hardworking employees who are struggling to survive during these difficult times,” Kemp said in a statement. “These men and women are doing their best to put food on the table for their families as local elected officials close businesses and undermine economic growth.”
As of Thursday night, COVID-19 had claimed the lives of more than 3,100 people in Georgia and there were at least 2,700 people hospitalized across the state due to the virus. In Fulton County, which includes Atlanta, at least 333 people have died from the new coronavirus.
Mayor Keisha Lance Bottoms is seen on stage at St. Regis Buckhead on June 17, 2019 in Atlanta, Georgia. (Photo by Marcus Ingram / Getty Images for City Of Hope)
The lawsuit comes a day after Kemp clarified his executive orders to expressly block Atlanta and at least 14 other local governments across the state from requiring people to cover their faces.
“The state, county or municipal law, order, ordinance, rule or regulation that requires people to wear face shields, masks, face shields or any other personal protective equipment while in public accommodation or on public property is suspended to the extent that they are more restrictive than this Executive Order, “said Kemp’s order in part.
Kemp’s order was met with defiance Thursday by Bottoms and a few other mayors, who said they would continue to enforce the order and were prepared to go to court.
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The lawsuit will force that confrontation, resolving what had been an ambiguous situation with Kemp denying that local governments could order masks, but local governments arguing that it was within their power.
Last week, Bottoms issued what initially appeared to be orders people had to return to take refuge in their homes and forced restaurants to again offer only take-out and delivery food.
Kemp quickly pointed that out in public statements, and Bottoms on Thursday described them as guidelines. But Kemp’s lawsuit says the court must also order Bottoms on those orders.
David Lewkowictz of Fox News and The Associated Press contributed to this report.
