Douglas County Health Department
Douglas County NewsPress
March 7, 2020
Political News
Douglas County’s public health order requiring all entities to allow exemptions to mask mandates has been temporarily paused by a judge, according to a March 4 order.
District Court Judge Jeffrey Holmes granted the motion for a preliminary injunction, writing that plaintiffs in the case — a local Montessori school and a hair salon — proved all the necessary criteria to do so.
“The DCHD purported to issue its order creating exemptions from mask wearing requirements on October 8, 2021, which was well before the DCHD arguably had the authority to issue such an order,” according to Holmes’ order.
That temporary pause on the BoH public health order will remain in place until a full trial can take place.
The Douglas County Health Department declined an interview on the judge’s order, saying the case is still under litigation.
“The public health order does not prohibit local businesses – nor anyone else – from mandating masks and consistent with good public health practices, the Public Health Order requires businesses to allow individual exemptions for health reasons,” according to an emailed statement attributed to board president Doug Benevento.
Holmes also found there was “danger of real, immediate and irreparable injury” if the public health order continues to be enforced and the plaintiffs have no legal remedy.
“If the plaintiffs were compelled to close their businesses because of unwillingness to risk the dangers of unmasked patrons, they face a potential loss of business that would be difficult to quantify and employees would lose their employment,” according to the order. “If plaintiffs comply with the order, they face compromising their health, that of their families, their employees and their customers.”
The school and hair salon also face criminal charges and possible jail time for failing to comply with exemption requirements of the public health order, Holmes wrote.