The COVID Project
The record
- Jurisdiction
- Cole County Circuit Court, Missouri (statewide effect on local health orders) · St. Louis · Missouri
- Level
- Court
- Authority
- Mo. Const. art. II, § 1 (separation of powers); 19 CSR 20-20.040 and 20-20.050 (DHSS regulations)
- Issued
- 2021-11-22 Nov. 22, 2021
- Effective
- Judgment final Dec. 22, 2021 absent appeal (post-period) (read as 2021-12-22)
- End
- Post-period
- In force
- Dec. 22, 2021 (no end date recorded; counted as in force for 120 days)
- Limitation types
- Other
- Addressees
- Missouri DHSS
- local health authorities issuing orders under 19 CSR 20-20.040 and 20-20.050
- Functions reached
- post-period preemption history
- Collection
- St. Louis MET-STL
Operative words
[As reported:] Cole County Circuit Court Judge Daniel Green on Tuesday ruled that health orders designed to stop the spread of COVID-19 that were issued by local health departments violated the Missouri Constitution.... In an 18-page order, Green wrote that DHSS unconstitutionally granted too much power to individual local health officials and directors.... Green said all existing health orders issued unilaterally by local health authorities are 'null and void.'... Mask requirements currently remain in place in St. Louis and St. Louis County.
Enforcement
Declaratory judgment; the Attorney General declined to appeal and sought compliance; St. Louis County rescinded its mask rule Dec. 9, 2021
Notes
Post-period. the judgment operated prospectively from Nov. 22, 2021.
Retrieval notePost-period.