Mask mandate results in court challenge

By TONY FYFFE
BSN Editor

FRANKFORT — When it reported the county’s 40th confirmed case of the coronavirus Monday, the Floyd County Health Department urged citizens to follow an executive order by Gov. Andy Beshear that mandates wearing a mask under certain circumstances, including when visiting local stores and businesses.
“We are working with our local businesses who want to serve you in the safest way possible and who are trying to follow the current mandate,” the Floyd County Health Department said on its Facebook page Monday. “Please continue to support them during this pandemic.”
Under Beshear’s order, issued Thursday, Kentuckians must wear a mask or other face covering;
• While inside, or waiting in line to enter, any: retail establishment; grocery store; pharmacy; hair salon/barbershop; nail salon/spa; tattoo parlor; child care facility; restaurant or bar (when not seated and consuming food or beverage); health care setting, or; any other indoor public space in which it is difficult to maintain a physical distance of at least six feet from all individuals who are not members of that person’s household.
• While waiting for or riding on public transportation or paratransit, or while riding in a taxi, private car service, or ride-sharing vehicle, or driving any of the above while customers are present.
• While in outdoor public spaces in which the person cannot maintain a physical distance of six feet from all individuals who are not members of the person’s household and is not otherwise covered by previously issued guidance.”
Following the governor’s order, Attorney General Daniel Cameron announced that his office filed a motion in Scott County Circuit Court to consider whether the action “complies with the temporary restraining order stopping enforcement of COVID-19 executive orders that are not in compliance with state law.”
“Had the Governor consulted with our office and the leadership of the General Assembly on his order prior to its issuance, this step would have been unnecessary,” Cameron said. “The Governor has refused input on his executive orders, despite offers of assistance. This pattern has led to numerous challenges in court, all of which he has lost.”