In Missouri, Circuit Court Judge Daniel Green has ruled that local health officials are no longer allowed to issue mandates related to COVID because they violate the Missouri Constitution. All local health officials must now repeal their previous COVID-related health orders.
Green has ruled that, since the constitution gives separate powers to different branches of government, the current ability of local officials was unconstitutional because the elected officials should be the only ones with the power to issue mandates. In his ruling, Green stated “Missouri’s local health authorities have grown accustomed to issuing edicts and coercing compliance. It is far past time for this unconstitutional conduct to stop.”
This ruling came from a lawsuit filed back in 2020 between St. Louis residents/business owners and the state Department of Health and Senior Services, in which the residents and business owners challenged the authority of the Department to enforce COVID-related mandates. One issue in particular that angered local business owners was that directors of local health agencies were empowered to close down businesses in an attempt to slow the spread of COVID.
“This case is about whether Missouri’s Department of Health and Senior Services regulations can abolish representative government in the creation of public health laws, and whether it can authorize closure of a school or assembly based on the unfettered opinion of an unelected official,” Green added in his ruling, “This Court finds it cannot.”
This verdict was met with great excitement by those who filed the lawsuit, including State Senate candidate Ben Brown who tweeted out his excitement saying “It’s finally over folks. Freedom wins!”
BREAKING: Today a judge ruled in our favor, effectively ending mask and other mandates in MO once and for all! Early this year, I filed suit against MO DHSS along with @AndStlc and challenged the authority of health depts to create law. It's finally over folks. Freedom wins! 🇺🇲 pic.twitter.com/VU0b5ztjj9
— Ben Brown (@BenBrownTweets) November 23, 2021