September 24, 2020 | By Paul Gattis | source
“Seven Alabama residents or business owners, represented by former state Chief Justice Roy Moore, filed a lawsuit Thursday against Gov. Kay Ivey and public health officer Dr. Scott Harris over mitigation measures implemented to combat the spread of the novel coronavirus.
Specifically, the lawsuit seeks to overturn the statewide mask order put in place by Ivey and Harris as well as now-expired restrictions over capacity limitations in churches.
The lawsuit was filed in federal court in the Northern District of Alabama and asks for an injunction prohibiting Ivey and Harris from enforcing the orders as well as awarding the plaintiffs nominal and compensatory damages.
According to ADPH, more than 148,000 people in Alabama have contracted COVID-19 and 2,506 deaths have been attributed to the virus.
In a press release announcing the lawsuit, Moore accused Ivey and Harris of a “tyrannical abuse of power.”
“The Governor and State Health Officer of this State have clearly and repeatedly exceeded their authority under both the Constitution of the United States and the Alabama Constitution over the last six months,” Moore said in the press release.”
“Unconstitutional restriction of church assembly and worship, discriminatory closing of businesses, stay at home orders, social distancing, wearing of masks, and restriction on travel are simply against our rights secured by the Constitution of the United States.”
“The lawsuit has seven counts: Violation of due process under the Fourteenth Amendment, violation of the First Amendment Establishment Clause, violation of the First Amendment Free Exercise Clause, violation of the First Amendment Freedom of Assembly, violation of the Fifth Amendment Due Process/Liberty, violation of the Fifth Amendment Due Process/Property, Ultra Vires (Latin for “beyond the powers”).”
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