JEFFERSON CITY – Following the Cole County Circuit Court’s decision in Robinson v. Missouri Dept. of Health and Senior Services, Missouri Attorney General Eric Schmitt this morning sent a letter to local public health agencies and school districts informing them of the decision and requiring them to stop enforcing any mask mandates, quarantine orders, or any other public health orders that are null and void under the judgment.
“The recent decision from the Cole County Circuit Court is consequential as it relates to public health orders. Today, I sent a letter to public health agencies and school districts across the state informing them of the decision and demanding they rescind and cease enforcement and publicizing of public health orders, mask mandates, quarantine orders, or other orders that were declared null and void by the recent decision,” said Attorney General Schmitt. “Public health authorities and school districts have gone unchecked, issuing illegal and unconstitutional orders in their quest to aggregate, maintain, and exert their new-found power. My Office will enforce the Court’s order across the state.”
Both letters argue that health orders, mask mandates, quarantine orders, or similar orders issued under previous statutes that were declared unconstitutional by the Robinson judgment are null and void and should not be enforced or publicized by the issuing agencies.
The letter to health authorities concludes with, “Under this judgment, all mask mandates, quarantine orders, and other public health orders that are based on any of the invalidated regulations or issued outside the protections of the Missouri Administrative Procedure Act are null and void. You should stop enforcing and publicizing any such orders immediately. Failure to follow the court’s judgment may result in enforcement action against you to remove orders the court has determined are unconstitutional and illegal. We encourage you to take immediate action to remove all unconstitutional and illegal orders.”
The letter to school boards ends with, “Under this judgment, all mask mandates, quarantine orders, and other public health orders that are based on any of the invalidated regulations or issued outside the protections of the Missouri Administrative Procedure Act are null and void. We have advised local public health authorities today to stop enforcing and publicizing any such orders immediately. You also should stop relying on, enforcing, or publicizing any such orders immediately. In addition, state law does not delegate authority to school officials to issue mask mandates, quarantine orders, or other public health orders. Your school district should stop enforcing and publicizing any such orders immediately.”
The letter to health authorities can be found here: https://ago.mo.gov/docs/default-source/press-releases/2021-12-7-ltr-lpha688c295df61b42c4b30ebdbb4771af1f.pdf?sfvrsn=b1f7183f_2
The letter to public school districts can be found here: https://ago.mo.gov/docs/default-source/press-releases/2021-12-7-ltr-mpsde16b9660f337410bb0dd4768c520b2bd.pdf?sfvrsn=9ceb172e_2