Saying that 鈥渃haos now reigns鈥 in Missouri鈥檚 public health landscape, St. Louis and Jackson counties want permission to appeal a judge鈥檚 decision that from issuing orders aimed at slowing the spread of COVID-19.
The counties late Monday filed a motion together to intervene in a Cole County case in which a judge said local health departments cannot issue orders or rules without the involvement of elected officials. The ruling occurred in a case in which St. Louis-area residents and business owners sued the Missouri Department of Health and Senior Services to challenge its ability to issue mask orders.
Missouri Attorney General Eric Schmitt, whose office often represents the interests of state agencies like DHSS in court, decided not to appeal the Cole County ruling. Instead, Schmitt used the ruling to claim mask mandates had been invalidated and referenced it in around the state.
Jackson and St. Louis counties said Schmitt 鈥渁bdicated his duty鈥 when he decided not to take up an appeal for DHSS and accused him of 鈥渋nstead electing to embark on a campaign of litigation terror against local governments and schools throughout the State.鈥
Schmitt is running for the Republican nomination for the U.S. Senate in a bid to replace the retiring Roy Blunt. A spokesman for the attorney general was not immediately available for comment.
鈥淚n short, if the Court鈥檚 Judgment is not set aside, community spread of all communicable diseases will no doubt skyrocket in this State,鈥 St. Louis and Jackson counties argued in their motion, 鈥渨hile mechanisms for combatting [sic] any such spread will have been dismantled.鈥
Monday鈥檚 intervention comes days after an attorney for the Lee鈥檚 Summit School District wrote Schmitt a letter insisting the attorney general鈥檚 threats to Missouri school districts 鈥 鈥 they are simply wrong,鈥 because the Cole County case didn鈥檛 apply to schools.
Last week, St. Louis County Executive Sam Page called the Cole County litigation a 鈥渇riendly fire case鈥 between Schmitt and the St. Louis interests who filed the lawsuit. He said the county was evaluating its options.
鈥淚t is unprecedented, and it has created quite a problem for people in Missouri,鈥 Page said. 鈥淲e have a lot of legal experts looking at our strategies, and we will deploy whatever we can to try and do everything we can to protect the health and welfare in St. Louis County, because we know our public health orders have saved lives in St. Louis County and made a difference.鈥
Based at 漏 2024 外网天堂, Steve Vockrodt is the Midwest Newsroom鈥檚 investigative editor. Follow him on Twitter:
漏 2024 外网天堂's Jason Rosenbaum contributed to this report.
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