ST. LOUIS (KMOX) - The lawsuit Missouri Attorney General Eric Schmitt filed against St. Louis County and the City of St. Louis over masks mandates put in place Monday has a hearing Friday afternoon.
County Councilman Tim Fitch says he's read the brief and is hoping a circuit judge will issue a temporary restraining order (TRO) against the mandate. But also believes it made be hard to restrain a mandate he says no longer exists.
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"If the judge does issue the TRO, great. If the judge doesn't issue the TRO that doesn't mean this mask mandate stands because we terminated it," Fitch says.
Fitch says the simple answer about whether there's a mask mandate in St. Louis County is "no." But that doesn't apply to the health mandate in the City of St. Louis.
Legal analyst Attorney Chet Pleban believes the order in St. Louis County is still in effect because "access" to businesses is not being denied. He says that's the loophole in the new law signed by the Missouri governor, so the mandate doesn't require preliminary approval.
As a non-emergency, the order will last for 21 days, if it's an emergency, it can't extend past 30 days, Pleaban explains.
He says the court will have to decide what access to a business means, whether that includes the need to wear a face mask or not.
Friday's court hearing is set for 2:30 p.m.
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