Nebraska Attorney General Doug Peterson, a Republican, announced on January 13 that he had filed a lawsuit in Douglas County District Court aiming to stop the city of Omaha’s mask mandate.
Douglas County Health Director Lindsay Huse announced the mandate on January 12, revealing to Omaha that the mandate would be implemented at 12:01 AM the next day.
Peterson’s filing asks “the court to find that Dr. Huse lacked authority to issue the mask mandate and to prevent local officials from enforcing the mandate.”
Late yesterday, we filed and are seeking an immediate hearing to stop the Omaha mask mandate. We are asking the court to find that Dr. Huse lacked authority to issue the mask mandate and to prevent local officials from enforcing the mandate. Read more:https://t.co/VD6O6HUMON pic.twitter.com/HN6sHGImWY
— Doug Peterson (@AGDougPeterson) January 13, 2022
To be fair, Huse had warning that this would happen. Earlier this week, Peterson sent a letter indicating that he would challenge any unlawful order that was made:
As you are aware, pursuant to (Nebraska Revised Statute 71-1631), you do not have authority to unilaterally issue such a mandate without first obtaining the approval of DHH. You previously requested DHHS approval for a similar mask mandate (Directed Health Measure) on August 24, 2021, which DHHS denied. At that time, you were informed that should the Douglas County Board of Health attempt to enforce a DHM without state approval, the Attorney General may challenge that action.
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