Missouri attorney general sues St. Louis over masks, but decision could take months

Missouri Attorney General Eric Schmitt’s lawsuit challenging new mask orders in the St. Louis region also rails against requiring school children to mask up and could frustrate districts that plan to require them if he ever prevails in court.

He very well may never make it that far.

Schmitt’s lawsuit, filed late Monday, goes directly after St. Louis County Executive Sam Page and St. Louis Mayor Tishaura Jones, both Democrats, over their decision last week to again require masks in indoor public places. Their orders come as COVID-19 cases, driven by the rapidly advancing delta variant, rise across the state. The mandates went into effect on Monday, though the St. Louis County Council voted Tuesday night to repeal the rules in the county.

The suit also attacks mandates for students, calling them “arbitrary and capricious.” The filing from Schmitt, a Republican running for the U.S. Senate, landed a day before the Centers for Disease Control and Prevention on Tuesday recommended all school children should wear a mask regardless of whether they’re vaccinated. An earlier advisory recommended masks only for unvaccinated students.

“The reality is people are tired of being lied to by these bureaucrats in the ruling class,” Schmitt said in a Fox News appearance on Tuesday.

But lawyers quickly noticed Schmitt didn’t seek a temporary restraining order, a request that could quickly get the attorney general’s office in court to argue that a judge should block the mask mandates immediately. Without a temporary order, it could be months before a judge rules on the legality of the mandates.

In the meantime, the mandates can stay in place and Schmitt can continue to draw attention to his lawsuit. Locked in a fight for conservative voters, the attorney general has made multiple Fox News and conservative radio appearances in the past few days to promote his legal challenge.

The lawsuit adds to a growing list of legal challenges from Schmitt that latch on to hot topics among Republicans. He sued to stop a previous health order in St. Louis County, spent a year trying to serve the Chinese Communist Party in a lawsuit over COVID-19 and is backing Kansas City police in a budget battle with the city. He was also involved in the failed effort to contest the 2020 presidential election.

“This is nothing more than bombast in hopes of getting a headline,” Page spokesperson Doug Moore said of the new lawsuit. City of St. Louis spokesperson Nick Dunne said the city looks forward “to this frivolous lawsuit failing like so many of his others.”

By the time a judge rules, the surge in cases that is the impetus for the new rules may have passed. And if the mandates are rescinded, it could render the issue moot without Schmitt having to argue his case in court.

St. Louis County may also quickly end its mandate. The St. Louis County Council voted 5-2 Tuesday night to repeal the county’s mandate. But the St. Louis Post-Dispatch reported Page’s administration has said the mandate isn’t subject to council action, leaving its status in doubt.

“The way it appears right now, it seems to be more of a messaging issue than an actual attempt to get a court to intervene,” said Chuck Hatfield, a Jefferson City-based attorney who has previously challenged Schmitt’s office in court.

Without a temporary restraining order, the defendants will have 30 days to respond -- a deadline that can be extended, he said.

“If the attorney general wanted immediate relief, they have not asked for it yet,” Hatfield said.

Schmitt spokesman Chris Nuelle said in a statement the attorney general’s office filed a “thorough, detailed lawsuit to seek relief for the people of St. Louis, and will do so expeditiously.”

“We are confident and proud of our suit,” Nuelle said.

An eventual ruling could hold significant consequences for cities and counties across Missouri. If a judge finds St. Louis City and County illegally imposed a mandate, mask opponents could file similar lawsuits elsewhere and point to the decision.

In addition, if a judge is receptive to Schmitt’s arguments against mask mandates for school children, it may invite challenges against districts requiring them. Kansas City Public Schools, where more than 15,500 students are enrolled, is expected to require children to wear masks.

KCPS declined to comment on Schmitt’s lawsuit specifically, but said in a statement it continues to require masks for students, staff and visitors wear masks unless they provide proof of vaccination. Sara Williams, a COVID-19 coordinator for the district, recently told the school board she is recommending all students and staff wear masks regardless of whether they are vaccinated.

“We are taking into account the recommendations of local, state and national public health officials,” district spokesperson Elle Moxley said in an email. “The Centers for Disease Control and Prevention says students benefit from in-person learning. Kansas City Public Schools looks forward to a safe, healthy return to school in August.”