Plaintiffs who sued New Orleans Mayor LaToya Cantrell and other city officials over the city’s COVID-19 masking policies and its vaccine mandates are declaring victory after New Orleans announced it is relaxing the measures this month.
The lawsuit was filed in the Parish of New Orleans Civil District Court by more than 100 plaintiffs and Attorney General Jeff Landry over the city’s indoor mask mandate for everyone above age 2 in most public places. The complaint also called the city’s requirement to show proof of vaccination to enter many public businesses, including restaurants, hotels, gyms and entertainment facilities, a violation of constitutional liberties.
As subpoenas were issued against city officials in the case, the city moved to suspend its indoor mask mandate on March 3. And the vaccine mandates will likely end on March 21, according to city health officials.
“Perhaps this was about politics after all,” Landry said in a statement emailed to the Louisiana Record. “After our subpoenas were issued, the mayor had a choice, lift her mandates or face even more public scrutiny, including criticism of her choice to go maskless while requiring others to mask. As a result of her being forced to drop the mandates, our case is no longer on (the March 3) docket.”
The litigation seems to be on hold as a result of the city’s decisions.
“The matter has been continued by the court,” Landry said. “I would again like to thank the parents in this case. They chose to stand up and hold their local leaders accountable. Parents know how to best care for their children, not the government.”
The plaintiffs argued that the city’s COVID-19 policies had infringed on fundamental privacy rights, were overly broad and violated the Constitution’s separation-of-powers provisions.
“What started as a temporary means to protect the community from unknown risks has turned into perpetual, unlawful overreach,” the lawsuit said.
The plaintiffs claimed that the latest virus variant was milder, that most people have immunity to it and that effective treatments have been developed. But Cantrell maintains that the actions the city has taken during the pandemic were merited.
“We should be proud of the progress we've made together, with mitigation measures in place that have helped us become national leaders in getting our people vaccinated and boosted,” the mayor said in a prepared statement. “New Orleans is a safe destination to celebrate — and our people made that possible."