U.S. Congressman Opposes 'Draconian' Facemask Order in Shreveport Lousiana
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U.S. Congressman Mike Johnson, from Louisiana's 4th district in Shreveport, has weighed in on a local issue, a facemask order issued by Mayor Adrian Perkins.
Here are two posts Johnson wrote on Facebook:
Congressman Mike Johnson - While municipal operations are outside the scope of my federal jurisdiction, I will answer here the question that I’ve been asked countless times over the past 24 hours concerning Mayor Adrian Perkins’ "MASK MANDATE" for Shreveport:
Although it is a good idea to encourage everyone to wear a mask, I do NOT believe the mayor has the legal authority to FORCE private citizens to do so. Nothing in the Shreveport City Charter or the state statute cited in the Perkins Executive Order authorizes the mayor to unilaterally enforce a mask mandate, or to close down a business or church, or cut off its water service, if they do not fully comply. A lawsuit will be filed tomorrow to challenge the mayor’s overreach, and the plaintiffs should easily prevail. The maintenance of public health is critically important--but so is the defense of the CONSTITUTION.
https://m.facebook.com/RepMikeJohnson/photos/a.1625577937738053/2309903882638785/?type=3
LIBERTY AND SECURITY ARE NOT MUTUALLY EXCLUSIVE PURSUITS.
Let me be clear about a couple of things this morning: 1) The controversy (and pending lawsuit) over the Mayor’s Executive Order in Shreveport is not about whether wearing a mask to prevent the spread of COVID-19 is a wise and appropriate step, and it is certainly not about any personal dispute between public officials.
2) The lawsuit (in which I am not personally involved) is being filed today on behalf of respected local businesses to present a simple legal question for the court’s review. The question is NOT whether we should encourage everyone to wear a mask. The question is whether a city’s executive can use draconian measures (e.g., cutting off a water supply) to penalize businesses and churches—that are already down on their backs and struggling to survive—if they do not “fully comply.”
3) I think the answer to that simple legal question is NO, because such measures clearly violate the constitutional guarantees of due process and equal protection, and no provision of state or local law allows such unilateral action. (In fact, existing state law directly contradicts the language of the Executive Order.)
4) I personally agree with my physician friends that wearing a mask is a wise and helpful thing for everyone to do if they are able. The CDC also currently recommends this (but does not require it). COVID-19 is a real threat to some vulnerable people in every community and to many of our loved ones, and so it is incumbent upon all of us to act responsibly and be willing to make personal sacrifices out of our care and concern for others.
5) The medical consensus today is that wearing a mask, social distancing, and frequent hand washing are practices that will help us keep the economy moving, reopen our schools and return as quickly as possible to some sense of normalcy. Everyone should try to play their part to make that happen.
6) I believe if we all work together as neighbors and fellow Americans, we can stem the tide of this thing and beat it. I believe we can appeal to the conscience of all to do the right thing, and we should encourage that in every way we can. But I also believe in maintaining proper limits on civil government at all times. I have spent my adult life defending the Constitution and the rule of law, and I do not believe we can or should sacrifice either in our zeal to confront any temporary challenge.
7) I made a post about the Mayor’s Executive Order last night because SO MANY of my constituents (business owners, pastors, and citizens from across the community) were calling me to express their alarm about it. My job is to respond to the people I serve, and so I did. 8) We just celebrated our 244th birthday as a nation on July 4th, and we have to recognize that we are still a very young country. Our fragile experiment in self-governance is being tested today in ways that it never has been before. Liberty and security are not mutually exclusive pursuits, and we have to work together if we are to preserve and safeguard both. We can do this properly. And we will.
https://m.facebook.com/story.php?story_fbid=2310365272592646&id=1625146381114542
KTBS reported: Judge temporarily stops mayor's face mask mandate; 4 businesses seek injunction
SHREVEPORT, La. - A Caddo District Court judge has temporarily stopped enforcement of Mayor Adrian Perkins' face mask mandate.Judge Craig Marcotte granted a temporary restraining order in response to an injunction filed Friday morning by four Shreveport business owners who allege Perkins does not have authority to issue an order requiring face masks.
... The Shreveport lawsuit's plaintiffs are Strawn's Eat Shop Too, Air U Shreveport, The Brain Train and Bearing Service & Supply.
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