Georgia Governor Kemp sues Atlanta council, mayor to block city’s COVID-19 mandates
Georgia Gov. Brian Kemp is suing Atlanta Mayor Keisha Lance Bottoms and the Atlanta City Council for implementing more restrictive coronavirus laws than Kemp’s executive order, claiming they have no legal right to do so under the state’s current public health emergency.
Candice Broce, a Kemp spokesperson, sent Georgia journalists a copy of the lawsuit Thursday evening, one day after Kemp extended the state’s coronavirus restrictions but explicitly banned local governments from implementing mask mandates.
“This lawsuit is on behalf of the Atlanta business owners and their hardworking employees who are struggling to survive during these difficult times,” Kemp said in a statement. “These men and women are doing their very best to put food on the table for their families while local elected officials shutter businesses and undermine economic growth.”
The lawsuit alleges that by requiring the use of face masks and limiting gatherings on city property to 10 people, Bottoms attempted to “exercise an undelegated power against the state.”
“Neither Mayor Bottoms nor the City Council of Atlanta have done anything to enforce Governor Kemp’s statewide Executive Orders,” the lawsuit reads. “Mayor Bottoms tied the hands of the Atlanta Police Department by instructing them not to enforce Governor Kemp’s Executive Orders including but not limited to, the restriction on gatherings of more than 50 people.”
The lawsuit alleges many restaurants in Atlanta closed their doors because Bottoms issued statements claiming Atlanta was pausing its reopening and returning to Phase One. But Kemp alleges she does not have this power.
“Mayor Bottoms’ orders and actions present a high potential for irreparable harm to the citizenry, including but not limited to, lost wages and livelihood, business closures, and the opportunity for economic growth,” the lawsuit alleges.
Kemp seeks to have a Fulton County judge rule that Bottoms’ orders are suspended and to prevent her and the city council from enacting future mandates inconsistent with his orders.
“Just like sending in the Georgia National Guard to protect those living in our capital city from crime and violence, I refuse to sit back and watch as disastrous policies threaten the lives and livelihoods of our citizens. We will fight to stop these reckless actions and put people over pandemic politics,” Kemp said.
Bottoms responded to the lawsuit by criticizing Kemp on Twitter.
“3104 Georgians have died and I and my family are amongst the 106k who have tested positive for COVID-19,” she wrote. “Meanwhile, I have been sued by @GovKemp for a mask mandate. A better use of tax payer money would be to expand testing and contact tracing. #ATLStrong.”
A copy of the lawsuit can be found here:
This story was originally published July 16, 2020 at 4:38 PM with the headline "Georgia Governor Kemp sues Atlanta council, mayor to block city’s COVID-19 mandates."