Judge: All local health mandates null and void
NEW BLOOMFIELD — All mask and vaccine mandates and any local regulation that closes a school or business due to local health department regulations are, as of Monday, null and void after 19th Circuit Judge Dan Green ruled that several state laws granting health directors the authority to do so are unconstitutional.
The decision is the result of a lawsuit by three plaintiffs who argued that local health departments and their directors do not have the authority to impose health mandates that the state constitution gives them the authority to.
The overturned laws represent examples of administrative law, in which government agencies have purview over a wide variety of economic functions, such as telecommunications, financial regulations, and social issues such as instances of racial discrimination. This type of law has traditionally been used by health departments to enact regulations based on the administrators' best judgement on their affect on public health and to prevent the spread of disease consistent with state law.
Green ruled that since those administrators are not directly elected by the people, they have no authority to issue those orders without much more specific guidance from the legislature. The ruling encompasses mask and vaccine mandates as well as the closure of businesses for violations of health directives. The delegation of authority to health departments based on necessity is deemed unconstitutional by Green.
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