ST. LOUIS COUNTY, Mo. — A judge has granted a preliminary injunction that prevents St. Louis County health officials and the county executive from enforcing the mask mandate for the time being.
"These Defendants are temporarily enjoined from taking any and all action to enforce the July 26, 2021 Face Covering Order," the judge's ruling reads.
The ruling came down Thursday morning from Circuit Judge Nellie Ribaudo after she was told, again, that both parties couldn't meet down the middle on a compromise. She then made her ruling based on laws already on the books.
"This court's decision is purely one of the relevant laws," she wrote in her decision. "The court notes that the COVID-19 Pandemic has been a political issue since it first emerged in this Country and has continued to be a political flash point for many."
The judge said the ruling came down because the county previously said it didn't enforce a mask mandate and didn't intend to do so, this time either, "unless in extreme circumstances," the ruling states.
Attorney General Eric Schmitt's office told 5 On Your Side the judge "issued a preliminary injunction in our favor."
“The people prevailed yet again against County Executive Page and his health department for attempting to impose their will illegally on the people of St. Louis County,” said Schmitt said in a news release. “Today, the Court issued a preliminary injunction preventing the County from enforcing their mask mandate. I will not stop in my fight against government overreach.”
The preliminary injunction overrides the temporary restraining order and it means the mandate continues to be put on hold, but the decision isn't final. A permanent injunction is still needed to fully stop the mandate from being enforced.
Yet, this does mean these are two losses for the county's health department and the county executive.
Council councilman Tim Fitch (R) spoke to Five On Your Side after the ruling.
He admits, he was expecting this, "We knew this was being done illegally. We've said it all along with the county executive refuses to follow the law and the judge basically said you all are right. There’s no real victory here until we deal with the health issues going on in St. Louis County. I know I personally look forward to working with the county executive and the department of public health to bring about sensible solutions to the pandemic."
Adding on about the permanent injunction, Fitch adds, "Even though it's a preliminary injunction, they wouldn't have issued it if they didn't think it could become permanent. So I expect to see a permanent injunction at some point. Hopefully, what this will do is bring the county executive to the table with the council."
Ted Theodoropoulos is the gym co-owner of Burn Boot Camp for three locations in St. Louis County.
He explains some of his members want the mask mandate, others don't.
He is following the judge's ruling with not requiring masks because they have high intensity work outs.
"Initially, we communicated with our members that we were on hold until it was settled and now that it’s settled. We’re going to communicate our plans towards that," he said.
He adds at one point when the mask mandate was in place, a dip in memberships happened.
"I feel like a huge sigh of relief that we can move forward without the risk of going back to that and having waves of members suspend because they don’t want to wear mask, so we are pleased," he admits.
But not everyone is rejoicing about the ruling.
"Today the court ruled that enforcement of the mask order is suspended while the court considers the full case. Public health experts tell us masks save lives. I am confident the people of @STLCounty will continue wearing masks to protect themselves & their community from COVID-19," County Executive Sam Page tweeted in response to the judge's ruling Thursday.
The county is also required to include a copy of the court’s preliminary injunction order on all media, social media, websites, news, and all other signage where the July 26, 2021 Face Covering Order.
As of Thursday evening, the county already updated its website.
Background
In Missouri, there is a new state law that limits the power of local leaders when it comes to health restrictions.
House Bill 271 says "political subdivisions may only issue public health orders that directly or indirectly restrict access to businesses, churches, schools or other places of assembly for 30 calendar days in a 180-day period when the governor has declared a state of emergency."
The bill says those orders can be extended more than once with a majority vote by the local governing body.
The mask mandate in St. Louis County went into effect on July 26. This was presented by Page and the health department.
Schmitt filed a lawsuit that same day in an effort to stop the mandate.
It was repealed on July 27 after a vote from the St. Louis County Council.
Yet, Page claimed, the mandate was still in effect.
So, the battle went to the courts.
On Aug. 3, the St. Louis County circuit court granted a temporary restraining order, which halted the mask mandate placed by the St. Louis County Department of Public Health and Page.
On Aug. 17, both sides went back to court.
The plaintiff's attorney, representing Schmitt, requested to require the county to put more guidance on its website.
The argument was regarding the stlcorona.com page, saying the face-covering order is still there with no indication of a pause. The plaintiff's attorney asked the court to require the health department to take it down or place a notice on the website.
From there, Judge Nellie Ribaudo gave both attorneys 24 hours to discuss possible outcomes to create a resolution.
Wednesday morning, she asked if they talked about the matter at hand and made a possible compromise.
The simple answer: no, they did not.
She challenged them to work for another 24 hours, before the temporary restraining order expired Aug. 19.
Before the court hearing Thursday morning, Councilwoman Rita Days (D) sent a letter to Judge Ribaudo.
When both parties reconvened for the hearing Thursday, there was still no compromise.
"We failed to achieve one," said John Sauer, an attorney for Schmitt.
Judge Ribaudo responded, "I am disappointed and not surprised, I will issue my order shortly."
Coverage:
Read the judge's full ruling in the document below: