Mask Lawsuit Hearing Canceled; Two Judges Recuse Themselves From Case

Caption

Gov. Brian Kemp at the beginning of a statewide tour urging Georgians - but not requiring them - to wear a mask.

Credit: Stephen Fowler / GPB News

A legal fight over the city of Atlanta's mask mandate continues in limbo after a Fulton County Superior Court judge canceled a hearing and recused herself from the case.

Judge Kelly Ellerbe had an 11 a.m. Tuesday hearing scheduled for the lawsuit filed by Kemp and Attorney General Chris Carr's office that seeks to block the city's mask rule and affirm that Atlanta Mayor Keisha Lance Bottoms "exceeded her authority" in several COVID-19 responses.

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Many other Georgia municipalities, including Kemp's hometown of Athens, also have mask mandates, but the suit against Atlanta partially stems from Bottoms' announcement that the city was returning to phase one of its voluntary reopening guidelines.

As coronavirus cases in Georgia continue to explode, both Kemp and Bottoms would still like Georgians to wear masks to stop the spread of the virus that has killed more than 3,100 people in the state.

Ellerbe voluntarily recused herself after notifying both parties that she spoke with an appellate judge about a prior opinion that might have some bearing on the lawsuit.

The case was then assigned to Judge Shawn LaGrua, who filed an order of recusal "to avoid any appearance of impropriety or bias on the part of this Court."

LaGrua worked as Inspector General for the secretary of state's office while Kemp was in charge, and LaGrua also said she "has been and remains" under consideration for gubernatorial appointments.

The case is now assigned to Judge Jane Barwick, and a rescheduled hearing date has not yet been set.