Georgia Gov. Brian Kemp block south of Atlanta Regulation facemask. Here’s what to know

Georgia Gov. Brian Kemp block south of Atlanta Regulation facemask. Here’s what to know

Georgia Gov. defying Brian Kemp, filed on Thursday in restrictions lawsuit by Atlanta Mayor Keisha Lance Bottoms implemented, including their regulation term residents masks to help stop the spread of transport COVID-19. And ‘who also worked on the last step in a growing conflict between the governor and local authorities on how the current state of the pandemic. the population of the city instructing skills challenge Bottoms to wear face masks – The lawsuit – filed by Kemp against both funds and the City of Atlanta. A experts expressed because of the unique situation of COVID-19 pandemic, different points of view on whether the seed is likely to be successful. The day before, on Wednesday passed the Kemp bring an executive order requiring municipalities to issue regulations prohibiting human masks. The lawsuit claims that the local community does not state the legal authority to issue orders which granted more or less restrictive than that of the governor. “As mayor of Atlanta, the Bottoms mayor has no legal authority to modify, change, or ignore the orders of the Governor Kemps,” says the lawsuit. It also calls Bottoms’ July 10 decision-making role in Atlanta back, Phase 2 ‘of the reopening,’ except for essential travel residents to stay at home to ask for a stage and require only serve restaurants and shops to go and meals sidewalk. Several other cities in Georgia have similar Mask Bottoms issued such regulations, including Savannah and Athens, but the only action Kemp Atlanta address. Similar tensions between the state and local governments in a different position in the US, such as New York emerged where Governor Andrew Cuomo and New York Mayor Bill De Blasio have publicly sparred measures reopening. On July 10, Bottoms said in a statement that they are once again re-opening rolled measures “[b] ased on the rise in COVID-19 cases and other data trends, adding that” Georgia has opened and again in a reckless the people of our city and the state bear the consequences. “Georgia was one of the first states to open parts of its economy, in late April again, and we have seen a dramatic increase COVID-19 cases in recent weeks. Thursday ‘, Georgia has compiled a list of the States” red zone “by the White House Task Force Crown, which means that Georgia has included more than 100 new cases per 100,000 people last week after the Atlanta Journal Constitution. on Friday, Georgia reported 3,908 new cases of the virus and 28 confirmed dead, according to the Department of Health of the State. as of Friday afternoon ET Georgia had at least 135.192 confirmed cases in total, according to a tracker from Johns Hopkins University. since April 3, the US Centers for Disease Control and Prevention (CDC ) diseases has recommended that people wear face coverings in public to help stop the spread of COVID-19 Tuesday, the CDC said in a press release that the latest scientific discoveries fiche “he confirmed facial cloth covers are an important tool in the fight against COVID-19, which could reduce the spread of disease.” Kemp said he supports people wearing face masks, and Georgians encouraged to do so. Thursday ‘, Attorney General Chris Carr tweeted Georgia, “to urge the State of Georgia, citizens continue to wear masks. This lawsuit is about the rule of law.” Kemp also tweeted on Thursday her dress is “on behalf entrepreneurs in Atlanta and their hardworking employees who are struggling to survive in these difficult times. “in turn Bottoms tweeted in response to the lawsuit on Thursday” Georgians 3104 died and my family and I belong to 106k, who tested positive COVID for-19 Meanwhile, I sued by @GovKemp for a mask mandate. Better use of taxpayers’ money would be to expand the testing and contact tracing. “Bottoms tweeted on July 8 for his family took eight days to get their COVID-19 results. During a press conference on Thursday Bottoms also I said: “I’m not afraid sued the city and I our politics set against the every day of the week.” Neither Kemp still bottoms immediately respond time request for comment on the suit. He filed suit Gov. Kemps have a chance to win? A number of legal experts TIME spoke with were divided on whether an action Kemps has a chance to break down Atlanta sent mask. Cathy Cox, the dean of the Mercer University School of Law says that she believes Kemp because of the structure of local government in Georgia can win. The municipalities have the right to large-Georgia, emergency Cox explained, but the same law says that cities can not use their powers to do something that is “inconsistent” with an order issued by the Governor. “The city does not have much space to do things beyond what the legislature says what you can do,” he says. Michael Mears, an associate professor of law at John Marshall Law School in Atlanta, echoed this point is time to say that “back there are a number of cases in Georgia in 1930, which give the authority of the governor.” State and local authorities have sparred over issues several times in the past authorities, Clark Cunningham, a law professor at Georgia State University College of Law, said time and provincial governments gain rule. However, Cunningham explains that the Kemp built on its state of emergency, to give him the authority to “take actions to health, safety and welfare of the residents and visitors of Georgia to protect COVID-19 controls will remain in this state of guarantee. ” Kemps seed is unique, Cunningham says, because Bottoms keep the order is a public health emergency could sustain prevent mandated face masks in contrast to the Kemps statement. Therefore Cunningham opinion to win, Kemp should have argued that “prevents the mayor will certainly require controls that COVID-19 remains the use of masks.” If the judge agrees with this principle, Kemp also lose the case, says Cunningham. The seed of the governor goes even beyond the regulation only Bottoms mask. Polly Price, professor of law and global health at Emory University, said that time that “the injunction from the court to prevent from the mayor that further orders issue of social distancing measures.” It ‘also stressed that the Mayor and the Municipality is keen to point out that whatever job they have or may issue regarding unenforceable pandemic, says Price. Price does not say Kemp is sure, will win, because the judge could not buy his argument for an order that the judge, just ask if it is a threat asks “irreparable harm.” Kemps suit the court of a putting a muzzle on the seabed, which they say would prevent the press that “has the authority to impose more or less restrictive measures adopted by Gov. A judge ordered Kemp linked to emergency public health”. Hesitate could such a gimmick to place order because it may violate the First Amendment guarantee of freedom of expression, says Cunningham. If Kemp is to win, probably the decision would have prevented its regulations of the face mask of the state of other municipalities, the application, says Price. But Mears says the case will likely be subject to court appeal also to the state Supreme. Do not be surprised if this challenge is just the beginning of a long legal dispute.

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