“The governor, the suit continues, does not have the authority to mandate mask-wearing without backing from the Legislature.”
December 21, 2020 | The Associated Press | Source
“BLUFFTON, Ind. — An Indiana restaurant that was shut down over the state’s mask mandate aimed at slowing the spread of the coronavirus is taking the issue to court, saying it was improperly closed for violating masking requirements and capacity limits.
Yergy’s State Road BBQ LLC in Bluffton, a town in Wells County about 40 minutes south of Fort Wayne, filed a suit Tuesday against the Wells County Health Department, Gov. Eric Holcomb and the state.
The lawsuit challenges Holcomb’s executive order requiring masks to be worn in restaurants around Indiana. It’s is one of the first lawsuits to be filed over Holcomb’s executive orders during the coronavirus pandemic.
Yergy’s contends the Wells County health order closing the restaurant was based on “improper Executive Orders” issued by the governor “outside the narrow scope of the Emergency Declaration Law.””