Georgia governor sues to end cities’ defiance on mask rules

Georgia Gov. Brian Kemp prepares to sign House and Senate bills at Wellstar Kennestone Hospital where the hospital opened a new Emergency Room space, Thursday, July 16, 2020, in Marietta, Ga. Mayors in Atlanta and other Georgia cities deepened their defiance of Gov. Kemp on Thursday, saying they want their requirements for people to wear masks in public to remain in place, even after the Republican governor explicitly forbade cities and counties from mandating face coverings.(AP Photo/Mike Stewart) Georgia Gov. Brian Kemp prepares to sign House and Senate bills at Wellstar Kennestone Hospital where the hospital opened a new Emergency Room space, Thursday, July 16, 2020, in Marietta, Ga. Mayors in Atlanta and other Georgia cities deepened their defiance of Gov. Kemp on Thursday, saying they want their requirements for people to wear masks in public to remain in place, even after the Republican governor explicitly forbade cities and counties from mandating face coverings.(AP Photo/Mike Stewart)

By JEFF AMY and BEN NADLER Associated Press July 16, 2020 5 min read

ATLANTA (AP) – Georgia Gov. Brian Kemp is suing Atlanta’s mayor and city council to block the city from enforcing its mandate to wear a mask in public and other rules related to the COVID-19 pandemic.

Kemp and Georgia Attorney General Chris Carr, in a suit filed in state court late Thursday in Atlanta, argue that Atlanta Mayor Keisha Lance Bottoms has overstepped her authority and must obey Kemp’s executive orders under state law.

“Governor Kemp must be allowed, as the chief executive of this state, to manage the public health emergency without Mayor Bottoms issuing void and unenforceable orders which only serve to confuse the public,” the lawsuit states.

Kemp on Wednesday clarified his executive orders to expressly block Atlanta and at least 14 other local governments across the state from requiring people to wear face coverings.

Kemp’s order was met with defiance Thursday by Bottoms and some other mayors, who said they would continue enforcing the order. The lawsuit forces that showdown, resolving an ambiguous situation with Kemp denying local governments could order masks, but local governments arguing it was within their power.