The state of Nebraska argues Lindsay Huse, Douglas County health director, does not have the authority to issue a mask mandate, which she believes she has the power to do. Huse also believes a mandate is necessary due to the “astronomical spikes” in Nebraska’s virus cases, according to the Associated Press.
“I’m not claiming that masks are going to end the pandemic or stop the pandemic,” Huse said to the AP on January 11. “But it’s going to slow it down to give my brothers and sisters in health care the breathing room they need to take care of all of you.”
In the past, the Nebraska Department of Health and Human Services rejected Huse’s requests for a mandate. Governor Pete Ricketts also opposes mask mandates and has done so throughout the pandemic, although Omaha and other cities imposed them, according to the AP.
Omaha Mayor Jean Stothert opposed to issuing a new mask mandate as well. However, Stothert believes Huse does have the power to issue a new one.
Douglas County District Court Judge Shelly Stratman said Huse does have the power to issue a mask mandate. She stated if city and state officials don’t like [the authority Huse possesses], they should change the law.
“This plain text appears, at least at this stage, to support the authority defendants assert Dr. Huse possesses,” she said.
Robert Slovek, Huse’s attorney, argues the lawsuit from Nebraska is driven by politics.
“Too often the response to COVID-19 has sacrificed science on the altar of politics, which would be the case here if plaintiffs succeed in preventing the common-sense mitigation strategies at issue,” Slovek wrote in a statement, according to the AP.
Nebraska reported 754 COVID-19 cases on January 24, according to the CDC. Hospital officials expect the number to continue growing, the AP reported. In the week ending January 20, Nebraska reported 29,141 cases to the CDC, a spike from the previous week resulting in 27,987.
Omaha’s current mask mandate states those five and older wear face coverings when in public venues and places unless a social distance of six feet can be maintained, according to the AP. The mandate does not apply to churches or restaurants while seated, but it does apply to schools.
In May and June 2021, 29 states eliminated mask orders after the CDC announced fully vaccinated people could safely forgo facial coverings in most public settings, according to the AARP.
Some states, however, kept in mask mandates or hybrid orders to protect their residents. New York currently has an indoor mask mandate; however, it was declared invalid on January 24 by a judge, which Governor Kathy Hochul and her administration are currently challenging.
In Connecticut, masks and facial coverings are only required for those who are unvaccinated. Rhode Island has in place a hybrid order, which requires large venues to wear facial coverings; however, it is up to the discretion of smaller businesses if they require customers to wear a mask or not, according to AARP.
Washington state is the only state with an outdoor mask policy, but it is required for up to 500 people or more.
California, Delaware, Hawaii, Illinois, Nevada, New Mexico, Oregon and Washington require residents to wear masks whether or not they are fully vaccinated, according to AARP.
