Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order - al.

com 8/12/20, 4:43 AM

Set Weather Alabama Subscribe

Advertisement

How does eSignature work?

Securely send & sign documents faster with confidence. Try
DocuSign today.

AD DocuSign

News

Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s

statewide mask order
Updated Aug 11, 2020; Posted Aug 11, 2020

Attorney responds to dismissal of lawsuit challe…

Attorney responds to dismissal of lawsuit challenging Gov.

Kay Ivey's mask order

1.2k
shares

By Mike Cason | mcason@al.com

A Montgomery judge has dismissed a lawsuit filed by three Jackson County residents challenging Gov. Kay Ivey’s authority to
order people to wear masks because of the COVID-19 pandemic.

Montgomery County Circuit Judge Greg Griffin dismissed the case after a hearing this afternoon. Attorneys representing Ivey
requested the dismissal.

Retired sheriff’s deputies Barry Munza and Larry Lewis and real estate agent Debbie Mathis filed the lawsuit July 24, claiming
that the Alabama Emergency Management Act of 1955 does not empower the governor to order people to wear face coverings.

Advertisement

https://www.al.com/news/2020/08/alabama-gov-kay-ivey-asks-judge-to-dismiss-lawsuit-over-mask-order.html Page 1 of 6
Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order - al.com 8/12/20, 4:43 AM

Speed for all

your needs
Gigablast Internet
$
99 99
/mo. for 12 mos.
w/ 1-yr. svc. agr.

Order now

Their attorney, Seth Ashmore, said they would appeal Griffin’s decision.

Ivey’s order says people must wear face coverings if they are within 6 feet of a person from another household in an indoor
space open to the public, an outdoor space where 10 or more people are gathered, or a vehicle operated by a transportation
service. There are exceptions, such as for children 6 and under and people with certain medical conditions.

Drive Safe & Save.™

The app that rewards
safe driving with a
discount of up to 30%*.

*Some customers could see a discount of up to 50%. Discount names, percentages,

availability and eligibility may vary by state and coverage selected. Enrollment, terms and
conditions apply. Not available in CA, MA, NY, or RI.

The plaintiffs said they often interface with people within 6 feet in public. They note that the order carries the possibility of fines
and incarceration for violators. They asked the court to block enforcement of the order, which went into effect July 16.

Defendants in the case are Ivey, State Health Officer Dr. Scott Harris, and the Alabama State Board of Health. They filed a
motion to dismiss the case on July 27. It says the Emergency Management Act “provides ample authority” for the mask order. It
notes that the day the order was announced, intensive care units in Alabama hospitals were at 87% of capacity.

Griffin heard arguments from both sides before announcing his decision. He said both sides did a good job presenting their
arguments and did not explain why he was dismissing the case.

Assistant Attorney General Brad Chynoweth went over several legal issues during the hearing but told Griffin the only issue for
the court to decide was whether Ivey had the authority to issue the mask order under the Emergency Management Act. He said
the answer was clearly yes.

Advertisement

Real Estate
For Rent
Birmingham, AL || 2 Beds, 1 Bath

Aquarius Apartments

https://www.al.com/news/2020/08/alabama-gov-kay-ivey-asks-judge-to-dismiss-lawsuit-over-mask-order.html Page 2 of 6
Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order - al.com 8/12/20, 4:43 AM

Ashmore said the Legislature did not grant the governor that much authority when it passed the Emergency Management Act in
1955.

“The Legislature did not give the governor the authority to make law,” Ashmore told the judge. “It’s an unconstitutional
delegation of authority.”

Ashmore spoke to reporters after the decision.

“The three people that signed this complaint need to be commended for their courage to basically hold accountable the
government,” Ashmore said. “What we’ve got here, what’s going on, is the governor has signed executive orders under her
authority under the Emergency Management Act of 1955. Those are very narrow powers that the governor has and they’ve been
stretched almost to the point of breaking and I think they have broken.”

Advertisement

Mathis, who attended the hearing, was asked why she got involved in the lawsuit. She said her father’s career as a lawyer and a
judge sparked her interest in legal matters.

“So I’ve always been interested in the law and standing up for what is right,” Mathis said. “And I expect her (Ivey) to follow the
law as I do as a realtor.”

Mathis said she and Ashmore have heard from other realtors who are glad they took a stand on the mask order.

“I think it has scared a lot of people,” Mathis said. “It affects the personal business of my business.”

Chynoweth, arguing on behalf of Ivey and State Health Officer Harris, said it was important to note that the mask order had the
clearly defined purpose of trying to reduce the spread of COVID-19 and help keep the state’s health care system from being
overwhelmed by the pandemic. He said it was in line with recommendations from the Centers for Disease Control to achieve
those objectives.

Mask lawsuit complaint by Mike Cason on Scribd

https://www.al.com/news/2020/08/alabama-gov-kay-ivey-asks-judge-to-dismiss-lawsuit-over-mask-order.html Page 3 of 6
Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order - al.com 8/12/20, 4:43 AM

DOCUMENT 2
ELECTRONICALLY FILED
7/24/2020 10:56 AM
03-CV-2020-900935.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

BARRY MLINZA,
LARRY LEWIS,
DEBBIE MATHIS

Plaintffi,
V. Civil Action No. CV-2020-

GOVERNOR KAY IVEY

in her official capacity as Governor
of the State ofAlabama, and
SCOTT HARRIS
in his official capacity as State Health
Officer of Alabama,
ALABAMA STATE BOARD OF
HEALTH,

Defendants.

COMPLAINT FOR TEMPORARY RE,STRAINING ORDER. PRELIMINARY

INJUNCTION AND INJUNCTIVE RELIEF

COME NOW the Plaintiffs and request this Court issue a Temporary Restraining
Order and other Injunctive Relief against the Defendants for their continuing and
persistent unlawful conduct. As grounds for such, the Plaintiffs state the following:

PARTIES

1. PlaintiffBarryMunzaisovertheageof 19yearsandaresident citizenof Jackson

County, Alabama.

2. Plaintiff Larry Lewis is over the age of 19 years and a resident citizen of Jackson
County, Alabama.

3. PlaintiffDebbie Mathis is overthe age of 19 years and aresident citizen of Jackson

County, Alabama.

4. Defendant Kay Ivey is the Governor of Alabama, whose official residence is

Montgomery County, Alabama.

5. Defendant Scott Harris is the Alabama State Health Officer, whose official residence
is Montgomery County, Alabama.

1 of 10 ! " # % $
Advertisement

Mask lawsuit Ivey motion to... by Mike Cason on Scribd

https://www.al.com/news/2020/08/alabama-gov-kay-ivey-asks-judge-to-dismiss-lawsuit-over-mask-order.html Page 4 of 6
Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order - al.com 8/12/20, 4:43 AM

DOCUMENT 26
ELECTRONICALLY FILED
7/27/2020 11:28 AM
03-CV-2020-900935.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

BARRY MUNZA, LARRY LEWIS, )

DEBBIE MATHIS, )
)
Plaintiffs, )
)
v. ) CV-2020-900935.00
)
GOVERNOR KAY IVEY, in her )
official capacity as Governor of )
the State of Alabama, and )
SCOTT HARRIS in his official )
capacity as State Health Officer, and )
ALABAMA STATE BOARD OF )
HEALTH, )
)
Defendants. )

DEFENDANTS’ BRIEF IN SUPPORT OF MOTION TO DISMISS,

OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT

Steve Marshall
Attorney General

Brad A. Chynoweth (CHY001)

A. Reid Harris (HAR389)
Assistant Attorneys General

State of Alabama
Office of the Attorney General
501 Washington Avenue
Montgomery, Alabama 36130
(334) 242-7300
(334) 353-8400 (fax)
Brad.Chynoweth@AlabamaAG.gov
Reid.Harris@AlabamaAG.gov

Counsel for Governor Kay Ivey, State Health

Officer Scott Harris, and the Alabama State
Board of Health

1 of 29 ! " # % $
Note to readers: if you purchase something through one of our affiliate links we may earn a commission.

Around the web

N95 Respirator Mask Reusable (FDA Registered), 10% Off
Canopus Group | Sponsored

If you're going to buy Bath and Body Works, read this

Wikibuy | Sponsored

Nanotech Mask With Over 2000 Verified 5-Star Reviews Is Finally Back In Stock. Get Yours.
Space Masks | Sponsored

These Cars Are So Loaded It's Hard to Believe They Cost Under $25k.
Cars | Search Ads | Sponsored

Before you renew Amazon Prime, read this

Wikibuy | Sponsored

US Obesity Doctor Reveals the No.1 Worst Carb You're Eating

Nucific | Sponsored

Nevada : Launches New Policy For Cars Used Less Than 59 Miles/Day
https://www.al.com/news/2020/08/alabama-gov-kay-ivey-asks-judge-to-dismiss-lawsuit-over-mask-order.html Page 5 of 6
Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order - al.com 8/12/20, 4:43 AM

Nevada : Launches New Policy For Cars Used Less Than 59 Miles/Day
Bill Cruncher | Sponsored

3rd person dies days after being rescued in Orange Beach swimming accident
Alabama

Good luck, America! Alabama’s given up

Alabama

Registration on or use of this site constitutes acceptance of our User Agreement

Agreement, Privacy Policy and Cookie Statement
Statement,
and Your California Privacy Rights (each updated 1/1/20).

© 2020 Advance Local Media LLC. All rights reserved (About

About Us
Us).
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written
permission of Advance Local.

Community Rules apply to all content you upload or otherwise submit to this site.

Ad Choices
Support the journalism you count on.

https://www.al.com/news/2020/08/alabama-gov-kay-ivey-asks-judge-to-dismiss-lawsuit-over-mask-order.html Page 6 of 6