A Montgomery County Circuit judge on Tuesday dismissed a lawsuit that sought to challenge the legality of Alabama’s statewide mask mandate.
The suit was brought by three Jackson County residents who thought the mask order, first ordered by Governor Kay Ivey in mid-July, was outside the bounds of what the government could put in place.
Seth Ashmore, the attorney handling the lawsuit, said on Tuesday his clients plan to appeal the ruling.
Judge Greg Griffin handled the case at the circuit court level and made the decision to dismiss the suit shortly after a hearing conducted on Tuesday afternoon.
Both Ivey and State Health Officer Dr. Scott Harris, in their official capacities, were named as defendants in the suit.
The persons suing Ivey and Harris argued the mask mandate was “illegally adopted” and a “deprivation of liberty.”
Lawyers from the Alabama Attorney General’s office argued in their motion to dismiss the suit that the Alabama Emergency Management Act of 1955 gave the Governor “ample authority” to require the wearing of masks by individuals when they are in public.
Both the lawsuit and motion to dismiss have been made available to the public by Mike Cason, a reporter for Alabama Media Group.