Several Shreveport businesses have won a temporary restraining order against Mayor Adrian Perkins’ July 8 mandatory mask order as a result of a lawsuit that alleges Perkins exceeded his authority in issuing the coronavirus decree.
Caddo District Judge Craig Marcotte issued the temporary order in response to the lawsuit that was filed July 10 by attorney Glenn Langley. The mayor’s order requires masks to be worn at all Shreveport businesses to protect against the spread of the virus, and a business that fails to enforce the mandate would face penalties such as cessation of water service or a loss of its ability to operate under the state’s COVID-19 Phase 2 reopening guidelines.
The plaintiffs are Celcog LLC, Monjuni’s of Portico Inc., Brain Train LLC, Bearing Service & Supply Inc. and Air U Shreveport LLC.
The original complaint filed by Langley says the mayor’s order is not enforceable on a number of grounds, such as the potential loss of a firm’s property rights without due process. The order also violates the Shreveport City Charter, according to the lawsuit, and the mayor lacks the power to “command any conduct by citizens” or fix penalties.
“It’s not a question of whether one should or should not wear a mask,” Langley told the Louisiana Record. “That’s a personal decision. The question is whether or not the mayor has the authority to say that one must wear a mask.”
In another mask-related action, Louisiana Attorney General Jeff Landry issued a legal opinion July 15 that says Gov. John Bel Edwards’ mask mandate is likely unconstitutional and not enforceable. Landry also filed an amicus brief on behalf of the plaintiffs’ position in the Shreveport case, Langley said.
“It’s always helpful to have the attorney general supporting your position,” he said.
The ordinance calls for the wearing of masks in commercial buildings, public buildings and places of worship.
Judge Marcotte is scheduled to decide in the coming week whether the temporary restraining order against the mask mandate should be extended.
“The restraining order is good for 10 days, and within that 10 days he has to have a hearing on a preliminary injunction, and that’s what we’re doing on Monday,” Langley said.
The complaint points out that the U.S. surgeon general said on Twitter on Feb. 29 that masks do not prevent members of the general public from contracting the virus. The masks are helpful mainly for protecting health care workers in the presence of patients with symptoms, Jerome Adams advised at that time.
It also argues that mask mandates have a political dimension. Perkins supported the constitutional rights of demonstrators to gather en mass in the city in June, without expressing concern that the virus could spread as a result of the protests, the complaint states.