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State judge upholds Edwards' coronavirus orders

LOUISIANA RECORD

Friday, November 22, 2024

State judge upholds Edwards' coronavirus orders

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Gov. John Bel Edwards' coronavirus orders have been upheld by a state judge.

BATON ROUGE – A Louisiana state judge affirmed Gov. John Bel Edwards’ recently issued coronavirus orders, including a statewide mask mandate, as she rejected plaintiffs’ arguments that the orders amounted to a legal overreach.

“The court is firmly of the opinion that the governor has exercised his power deliberately, on behalf of the people of this state and in an effort to be proactive to limit the loss of life,” 19th Judicial District Judge Janice Clark said in her ruling earlier this month.

Last week, Edwards extended his coronavirus orders to remain in force through the end of this month. The orders include the mandatory mask requirement at indoor establishments, limiting bars to takeout and delivery only, and limiting individuals’ gatherings to no more than 50.

Plaintiffs in the case, including some bar owners and musician/attorney Justin Molaison, had argued that the governor’s orders were illegal and an overreach of the governor’s authority. The lawsuit comes in the wake of Attorney General Jeff Landry issuing an opinion that Edwards’ orders were “likely unconstitutional and unenforceable.”

Alyson Neel, spokeswoman for the Louisiana Department of Health, also defended the governor’s actions as the state recorded more than 4,200 COVID-19 deaths. 

“We know that wearing a mask works, and we know that these types of restrictions work,” Neel told the Louisiana Record. “... We also know from other countries’ experiences and other states’ experiences that they work in controlling the spread of the pandemic.”

The state has achieved modest gains in case reductions and fewer hospitalizations during the time the coronavirus orders have been in effect, she said. But individuals’ efforts to practice behaviors that slow the spread will ultimately determine how the state fares in the future, according to Neel.

“It depends on the actions of individuals, of every resident in this state – that’s what’s driving the trends that we’re seeing,” she said.

In a prepared statement reacting to Judge Clark’s decision, Edwards said his orders were driven by science and were in sync with the state constitution and his statutory authority during a public health emergency.

“This is how we will be able to open as much of our economy as possible without overwhelming our capacity to deliver life-saving health care in our hospitals,” Edwards said.

Other lawsuits challenging the governor’s coronavirus orders, including a federal challenge, are in the legal pipeline.

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