Thread by @asanderford

Covering the mask mandate lawsuit today in #Omaha for @NE_Examiner. A handful of protesters gathered outside.

There are likely to be no lawyers in the courtroom, other than the judge. We aren’t allowed to live-tweet. But I’ll take some notes and share later.

I’m hiding in the corner for a bit.

The view from the jury box with @MBandurKETV. Note counselor @brianmastrewowt at the desk.

The judge says she expects to take the case under advisement today, and not immediately rule.

#Nebraska sued the City of #Omaha and Omaha/Douglas County Health Director Lindsay Huse. They allege that she and the city lack the authority to require masks indoors in the city.

Mayor @Jean_Stothert, a former nurse who has said she opposes the latest mask mandate from the city and county health director, asserts that the health director has the right to enact one under the city's charter and code.

The state argues state law supersedes the city's charter. They say the health director lcaked the right to enact the mandate without approval of the State Department of Health and Human Services, which has opposed similar mandates, as has @GovRicketts.

Key argument being made in state's case is that Huse is acting on behalf of the county, not the city, and that city code has been changed to reflect that the county health director is health director for the city. State law requires state HHS approval of a county health mandate.

Another argument is that she does not have the ability to be both county and city health director at the same time without violating the duties of her job, and perhaps the law, which requires she devote her whole time to the county job.

An attorney representing GOP members of the Omaha City Council who oppose the mandate says the Omaha City Council has not approved another mask mandate and that the authority rests with them to do so, not her.

The state is trying to get an emergency injunction against the mandate, arguing irreparable damage or harm to Nebraskans who should not be governed by a mandate they say was improperly enacted. They are also trying to get a ruling limiting Huse's power to do so on her own.

The lawyer for the GOP council members citing the sunset provision in the City Council's last mask mandate ordinance it passed. They argue its line that says only the City Council can extend the mask mandate might remove any power Huse could've had.

Huse's lawyer argues the case is about the authority delegated to Dr. Huse by the City of Omaha and her use of the authority granted to her by City Council.

Huse's lawyer says Huse was not acting on authority granted to her by County Board of Health. Says her authority was delegated by city to the person in Dr. Huse's position. "Her title is semantics." Issue is where she gets the authority and whether it was legally delegated to her

Argument by lawyers for Huse is she had the authority granted to her position validly, and that it requires her to take actions based on her judgment. They say she did.

Lawyer for Huse says she pursued the earlier mask mandate for the entire county in her role for county and working for county board of health. That's the one state DHHS denied. Says this more narrow mandate, focused on city limits, was issued using city authority.

Huse's lawyer says system was set up with independent bands of authority that have independent layers of restrictions on that authority. Also says city ordinance still reference a city health director.

Huse's lawyer argues there is no direct conflict with state law. They say the existence of the Lincoln-Lancaster County Health Department's carve out show the state never intended exclusive authority for infectious disease action approval by DHHS.

Huse lawyer also argues city council mandate sunset clause only got rid of that round of mandate. Says council didn't rescind the authority given to Huse, and didn't grant itself the exclusive decision making power, though it could.

Huse's lawyer says "the real irreparable harm" is happening to people who might get sick in the absence of a mandate and people working in Nebraska's hospitals, who might get overwhelmed.

City lawyer says state law makes cities of metro class are exempt from rules that apply to Board of Health. He says their argument is inconsistent. State is saying carve out doesn’t apply to infectious diseases. But the state seems to concede that the council can require masks.

County lawyer argues against injunction. Saying the arguments are too varied, for and against, to make a clear and immediate determination. Says Huse was acting in city role, not under county board of health. Argues that Omaha has a separate brand of authority.

State's lawyer acknowledges that the city had the authority to delegate its authority to health director, and did so to the health director of the county. Their argument is that the city understood that power would go to the county, a county official, not a city official.

State argues city would've had to create a joint city/county health department, like Lincoln-Lancaster County did, to pursue the "novel legal argument" they are using to describe Huse as city health director, acting as a city official.

Lawyer for GOP City Council members says sunset clause on last mandate council passed was enough to eliminate Huse's mandate's authority without addressing constitutional issues of case. Says she cannot invoke public health and sidestep where power resides, with them.

Judge says she hopes to have written order done, if not by end of business today, by lunch tomorrow.

Hearing is done.

@threadreaderapp Please unroll.