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Ex. MET-STL-095 Order Confirmed from a secondary source

Judgment in Robinson et al. v. Missouri Department of Health and Senior Services (Cole County Cir. Ct. Nov. 22, 2021) (secondary-source record) [POST-PERIOD]

Missouri judge: local COVID orders issued by health officials violated the Missouri Constitution (Missouri Independent, Nov. 23, 2021)

Circuit Judge Daniel Green (judgment of Nov. 22, 2021), as reported by the Missouri Independent · Cole County Circuit Court, Missouri (statewide effect on local health orders) (Court)

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Declaratory judgment; the Attorney General declined to appeal and sought compliance; St. Louis County rescinded its mask rule Dec. 9, 2021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 note

Post-period.