Missouri Counties Appeal Circuit Court Ruling Nullifying COVID Public Health Orders

St. Louis and Jackson Counties are appealing to the Missouri Court of Appeals a circuit court judge’s declaration that all state and local COVID health orders are unconstitutional, null and void.

On Nov. 22, Cole County Circuit Judge Daniel Green delivered an 18-page ruling stating all state and local health departments cannot issue orders, close businesses, quarantine students, and stated parts of Missouri’s Code of State Regulations pertaining to the Department of Health and Senior Services (DHSS) violated the state constitution. St. Louis and Jackson Counties filed motions to appeal the ruling within the prescribed 30-day window. Missouri Attorney General Eric Schmitt stated he would not appeal the ruling, despite the DHSS’ “apparent wish to appeal,” according to the appeal. However, Judge Green on Dec. 22 denied all pending motions.

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Ohio Judge: Health Dept Director Has No Authority to Issue Mask, Distancing and Other Orders

Ashland, Ohio – An Ohio judge ruled that the Director of the Ohio Department of Health (ODH) does not have the authority to issue mask mandates, social distancing or other types of mandates since Ohio law does not give the agency such stated or implied authority.

Ashland County Common Pleas Judge Ron Forsthoefel wrote that the ODH only has ultimate authority in matters of isolation and quarantine – matters the legislature defined in Senate Bill22, the law enacted when the General Assembly overrode Ohio Governor Mike DeWine’s veto of the bill last month.

The case Forsthoefel judged involved Cattlemans Restaurant and the Ashland County Health Department – the latter which issued a cease and desist order against the restaurant for an alleged violation of the COVID-related Dine Safe Order.

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