Missouri AG sues Kansas City over masks, says mandate is unconstitutional

Kansas City News

Missouri Attorney General Eric Schmitt.

JEFFERSON CITY, Mo. — Missouri Attorney General Eric Schmitt sued Kansas City Tuesday in an effort to end Kansas City’s mask mandate that took effect Monday. The lawsuit claims the mandate is unreasonable and unconstitutional.

Mayor Quinton Lucas, the Kansas City Health Department, and Director of the Kansas City, Missouri Regulated Industries Division Jim Ready are named in the suit.

The lawsuit argues that on July 25, 2021, Lucas said that the city didn’t need a mask mandate, but reversed that decision two days later. On July 28, the lawsuit states that the mayor tweeted and announced Kansas City would impose a mask mandate. The lawsuit claims that there were no major changes in data for Kansas City over those two days, and therefore no reason to implement the mask mandate.

Schmitt asked the court to invalidate the mask mandate on seven different counts:

  1. The mask mandate should be subject to a recently-passed bill that limits the power of health authorities to impose health orders
  2. The lawsuit argues that requiring schoolchildren to wear masks is unlawful.
  3. It also argues that requiring schoolchildren to wear masks is harmful because it could interfere with communication and development
  4. Schmitt argues the mask mandate is arbitrary and capricious because it requires people who are vaccinated to wear masks unless it is known all people present are fully vaccinated
  5. The suit claims the mask mandate is unlawful because Schmitt says masks are not an appropriate disease control measure and is not adequate to prevent the spread of COVID-19
  6. The Attorney General argues that the mandate should be declared unconstitutional because the order is vague
  7. He also argues that Mayor Lucas does not have the authority to authorizes public health orders since only the local health authority are allowed to issue them

“Today, I filed suit against Kansas City to stop the imposition of a mask mandate on the people of the Kansas City region. This continued unconstitutional and unreasonable government overreach must stop, especially in the face of a widely available vaccine. Requiring schoolchildren to mask all day while in school is not based in science and is completely ridiculous,” Schmitt said.

Many health experts argue that there is data proving that mask wearing prevents the spread of a number of illnesses, including COVID-19.

The Missouri Attorney General’s Office also sued St. Louis City and County over their mask mandates. Earlier today, a St. Louis County judge entered the temporary restraining order.

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