By the Missouri Attorney General’s Office
Following the Cole County Circuit Court’s decision in Robinson v. Missouri Dept. of Health and Senior Services, Missouri Attorney General Eric Schmitt Tuesday morning, December 7th, sent a letter to local public health agencies and school districts informing them of the decision and requiring them to stop enforcing any mask mandates, quarantine orders, or any other public health orders that are null and void under the judgment.
“The recent decision from the Cole County Circuit Court is consequential as it relates to public health orders. Today, I sent a letter to public health agencies and school districts across the state informing them of the decision and demanding they rescind and cease enforcement and publicizing of public health orders, mask mandates, quarantine orders, or other orders that were declared null and void by the recent decision,” said Attorney General Schmitt. “Public health authorities and school districts have gone unchecked, issuing illegal and unconstitutional orders in their quest to aggregate, maintain, and exert their new-found power. My Office will enforce the Court’s order across the state.”
Both letters argue that health orders, mask mandates, quarantine orders, or similar orders issued under previous statutes that were declared unconstitutional by the Robinson judgment are null and void and should not be enforced or publicized by the issuing agencies.
The letter to health authorities concludes with, “Under this judgment, all mask mandates, quarantine orders, and other public health orders that are based on any of the invalidated regulations or issued outside the protections of the Missouri Administrative Procedure Act are null and void. You should stop enforcing and publicizing any such orders immediately. Failure to follow the court’s judgment may result in enforcement action against you to remove orders the court has determined are unconstitutional and illegal. We encourage you to take immediate action to remove all unconstitutional and illegal orders.”
The letter to school boards ends with, “Under this judgment, all mask mandates, quarantine orders, and other public health orders that are based on any of the invalidated regulations or issued outside the protections of the Missouri Administrative Procedure Act are null and void. We have advised local public health authorities today to stop enforcing and publicizing any such orders immediately. You also should stop relying on, enforcing, or publicizing any such orders immediately. In addition, state law does not delegate authority to school officials to issue mask mandates, quarantine orders, or other public health orders. Your school district should stop enforcing and publicizing any such orders immediately.”
Editor – Subsequently, on Wednesday, the Missouri Attorney General’s Office issued another news release asking for help in identifying school districts which continue to violate the new order:
On December 8th, Missouri Attorney General Eric Schmitt is asking parents for help in identifying school districts that are continuing to violate a recent Cole County Circuit Court order. Parents are urged to reach out directly to the Attorney General’s Office if their school district is continuing to enforce mask mandates, quarantines, and other similar COVID-19 public health orders, in violation of the Cole County order.
The Missouri Attorney General’s Office yesterday sent a letter to school districts and local public health authorities, informing them of the recent Cole County decision that declares COVID-19 public health orders null and void, and urging them to rescind those orders. Since then, the Attorney General’s Office has heard from concerned parents that their school district is continuing to enforce mask mandates, quarantines, and other similar COVID-19 public health orders.
In order to empower parents and give them the ability to voice concerns with continued mask mandates and quarantine orders in their local school district, the Attorney General’s Office set up a centralized email, illegalmandates@ago.mo.gov. Parents are encouraged to email that address with their concerns, photos, videos, documents, and other supporting information, and a representative from the Attorney General’s Office will review those concerns and documentation and investigate further wherever possible.
“Yesterday, I informed local public health authorities and school districts about the recent judgment in Cole County Circuit Court that declares public health orders issued by local public health authorities and school districts null and void and instructing those health authorities and school districts to rescind those orders and cease enforcement and publicizing of those orders. Since then, we’ve heard from parents that school districts are continuing to enforce mask mandates and quarantine orders, in violation of the recent Cole County order,” said Attorney General Schmitt. “To enable parents to voice their concerns freely about continued mask mandates and quarantine orders, and ensure that those concerns are heard and investigated properly, we have set up an email inbox, illegalmandates@ago.mo.gov, for parents to communicate directly with the Attorney General’s Office. Parents are sick and tired of the stonewalling from their school districts, and so am I.”
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