Today's Paper Obits Digital FAQ Newsletters NWA Vote Covid Classroom Coronavirus 🔴 Cancellations 🔴NWA Screening Sites Virus Interactive Map Coronavirus FAQ Crime Razorback Sports Today's Photos Puzzles
ADVERTISEMENT
story.lead_photo.caption Louisiana Gov. John Bel Edwards holds up his mask during a news conference in Baton Rouge in late July. (AP/The Advocate/Travis Spradling)

BATON ROUGE -- A Louisiana judge Thursday upheld Gov. John Bel Edwards' statewide mask mandate and bar restrictions as legal and enforceable, rejecting claims from Jefferson Parish business owners that the Democratic governor overstepped his legal authority in enacting the coronavirus rules.

State District Judge Janice Clark delivered her ruling after a two-day hearing in which the plaintiffs argued that Edwards' regulations were illegal, unfair and an overreaction to the pandemic. The Edwards administration countered that the rules helped to slow the spread of the virus and protect public safety.

"The court is firmly of the opinion that the governor has exercised his power deliberately, on behalf of the people of this state and in an effort to be proactive to limit the loss of life," Clark said.

She handed down her decision as Louisiana's health department announced the state death toll from the covid-19 disease caused by the coronavirus has topped 4,000.

[CORONAVIRUS: Click here for our complete coverage » arkansasonline.com/coronavirus]

Lawyer and plaintiff Justin Molaison said he hadn't decided whether to appeal Clark's ruling. He seemed to acknowledge the uphill battle he expected when he declared in court at the start of the hearing's second day: "It's like David going against Goliath."

Edwards planned Thursday to issue an extension of all his coronavirus regulations -- including the ones upheld in court -- through Aug. 28, as the state continues to have one of the nation's highest per capita virus infection rates in the past two weeks.

The health department said 4,028 state residents have died from covid-19. The number of new confirmed cases has been falling recently, but the state is still seeing more than 1,700 new cases confirmed per day over the past two weeks.

The lawsuit was filed by Molaison, a musician in addition to being a lawyer; a catering business owner; and two bar owners in the New Orleans suburbs. One of the plaintiffs was unable to appear in court because she tested positive for the virus, according to her lawyer.

They challenged Edwards' July 11 order mandating mask-wearing, banning indoor gatherings of more than 50 people and limiting bars to takeout and delivery as unconstitutional, leaning on a similar assessment made by Republican Attorney General Jeff Landry.

"The constitution is not suspended when the governor declares a state of emergency," Molaison said in his closing argument. "Any government that has made the grave decision to suspend the liberties of a free people during a health emergency, they should also be expected to use the least restrictive means in doing so."

Multiple lawsuits in state and federal court are seeking to have some of Edwards' rules thrown out as overstepping his authority. Thursday's ruling was the first.

"I'm confident that I am doing what is necessary, that we are following the science, that we are following the data, that we are implementing best practices ... and that I'm doing it through the authority that I have as governor," Edwards said.

The White House's coronavirus task force recommended that Louisiana close bars and require face coverings -- and add even further business restrictions that Edwards hasn't enacted -- to reduce public health risks and to lessen the spread of covid-19.

Dr. Alex Billioux, the governor's chief public health adviser, testified that Louisiana started seeing a drop in new confirmed cases, fewer coronavirus-like illnesses at hospitals and a decline in new hospitalizations of covid-19 patients two weeks after the mask mandate and bar restrictions began.

As he cross-examined Billioux, Molaison questioned the testing data and case-tracking information submitted by the Edwards administration. He suggested that Edwards was arbitrarily picking which White House coronavirus recommendations to enact, that people who cannot gather at bars will simply congregate elsewhere and that bars were being unfairly singled out for punishing restrictions.

"It should be clear to this court that there is a particular bias [against] bar owners," Molaison said.

One of Edwards' attorneys, James Garner, said the governor was making wise, tough decisions "in a war against an insidious, vicious disease." He said the public interest of all 4.6 million Louisiana residents must rate above the protection of certain businesses.

"There's absolutely no evidence that the governor has done anything, anything that is irrational," Garner said. "The actual medical evidence shows it's working. Now we're not out of the woods, but it's working."

photo
Closed businesses are seen on Bourbon Street because of the coronavirus pandemic, in New Orleans, Friday, April 24, 2020. (Max Becherer/The Advocate via AP)
photo
Dr. Alex Billioux speaks at a press conference to discuss testing statistics and contact tracing pertaining to COVID-10, Friday, May 8, 2020, at the State Capitol in Baton Rouge, La. (Hilary Scheinuk/The Advocate via AP)

Sponsor Content

Comments

COMMENTS - It looks like you're using Internet Explorer, which isn't compatible with our commenting system. You can join the discussion by using another browser, like Firefox or Google Chrome.
It looks like you're using Microsoft Edge. Our commenting system is more compatible with Firefox and Google Chrome.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT