Louisiana Attorney General Declares Mask Mandate 'likely unconstitutional and unenforceable': Governor Responds
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49-year-old Jeff Landry, Attorney General of Louisiana, has declared that the 'mask mandate' is 'likely unconstitutional and unenforceable' and that 'Businesses acting under color of law as mask police and actual police acting as mask police could face liability if individual civil rights are violated.'
You can download Landry's 9-page letter here in PDF:
Opinion: 20-0068
Louisiana House of Representatives - Mandate that the Shreveport Mayor has put into place that requires everyone in the City to wear a mask face covering in every place of business.
Released: 7/15/2020
https://www.ag.state.la.us/Opinion/Download/22924
Prior to serving as AG, Landry spent 11 years in the army and was elected to U.S. Congress, serving from 2011-2013.
Here is Landry's website agjefflandry , and Facebook page: https://m.facebook.com/AGJeffLandry/
In his letter, Landry notes: "Both businesses acting under color of law as mask police and actual police acting as mask police could face liability if individual civil rights are violated due to the proclamation.”
"The mask mandate flatly violates due process, separation of powers, the delegation clause, state public accommodation anti-discrimination laws and it is unenforceable.." [It] "exposes individuals to unlawful searches and seizures, as well as burdens them with exposing potentially sensitive personal health information and having it exposed to others in a public setting.”
"Although the mask mandate and the 50-person limit may be good recommendations for personal safety, they may not be enforced with financial or criminal penalties..."
Democratic Governor John Bel Edwards, instead of addressing his Attorney General's concerns, responded to Landry on Facebook in a very immature vacuous note:
"Since I have allowed facts, data, and experts to guide my decisions as we respond to this global pandemic, I felt it was important to provide the Attorney General with the same in my response to his letter, which is not legally binding. It is regrettable that the Attorney General was unable to attend the meeting with the Vice President on Tuesday. Had he been present, I believe he would have received answers to the questions in his letter and some clarity on how precarious the situation is. I have conducted 68 detailed Unified Command Group meetings since the beginning of this emergency. Almost every other statewide official participates in these meetings personally, yet the Attorney General does not. This includes the most recent meeting on Thursday. I won't waste any more time confronting every single conclusion or misunderstanding the letter. For example, he seems mystified by what a face-covering is when this term is by the CDC and is, ironically, on a sign in front of the Attorney General's office. In fact, elementary school children across the world understand the meaning of the term "face covering" and the life-saving purpose of one. In conclusion, I am reminded of the famous line that "everyone is entitled to their own opinion, but not their own facts." In the meantime, I will continue to keep the Attorney General in my thoughts and prayers. #lagov
Link: https://www.facebook.com/LouisianaGov/posts/2311108872517690
Landry replied:
Office of the Louisiana Attorney General - As I am sitting here, quarantined, it is so easy to forget how corrosive our society has become because of those who politicize everything in today’s day and age. The Governor’s action was disappointing, especially when one considers that we publicly expressed our legal concerns a week or so before. Neither he nor any of his staff consulted with anyone, including myself, from the Attorney General’s Office before issuing his latest mandate. When elected officials and citizens from across the State asked me to issue an official legal opinion on the mandate, I took that responsibility seriously and took my time to ensure that I fully explained my legal concerns with the mandate's vagueness, and how its enforcement mechanism could lead to violation of citizens’ liberty. After the Opinion was released, I expected the Governor and his staff to reach out to my office so we could work together to address these concerns and find a way forward for our great State that respected medical advice while preserving the rights and freedoms of the citizens we serve. But as usual, politics crept in. A difference of legal opinion does not make us enemies - the true enemy is COVID-19. The people of Louisiana deserve leaders who are willing to work together to put people over politics. As such, I stand ready and willing to serve our citizens.
https://m.facebook.com/story.php?story_fbid=3441412455870517&substory_index=0&id=178347958843666
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