Judge hears arguments in case challenging Omaha mask mandate

OMAHA, Neb. (AP) — A Nebraska judge could decide by noon Tuesday whether to overturn a new Omaha mask mandate that’s opposed by state officials.

Douglas County District Court Judge Shelly Stratman heard arguments Monday in a legal challenge to the local health order, which requires people ages 5 and older to wear face coverings in most public venues, unless they can maintain at least 6 feet of social distance from others. The mandate applies to schools, but doesn’t include church services or eating at a restaurant while seated.

Nebraska state officials filed a lawsuit earlier this month to block the new mandate, arguing that Douglas County Health Director Lindsay Huse doesn’t have the legal authority to issue one unless the state approves it beforehand. State officials under the administration of Gov. Pete Ricketts had rejected her previous requests, in keeping with the Republican governor’s opposition to mask requirements.

Huse has said she believes she’s on solid legal ground. Omaha Mayor Jean Stothert, a Republican, has said she opposes Huse’s action but believes she has the authority to impose it.

Nebraska Solicitor General Jim Campbell, an attorney for the state, argued at the hearing Monday that Huse had previously requested state permission for a mandate last August and was denied, but is now claiming the power to impose one without approval.

Huse’s attorney, Edward Fox, countered that Huse was acting under authority granted to her by Omaha’s city council, and only did so after consulting with county and city attorneys.

Meanwhile, Nebraska hospital officials continued to warn Monday that they are under strain because of the coronavirus pandemic. Jeremy Nordquist, president of the Nebraska Hospital Association, said hospitals have been working to try to increase their capacity and reduce the “bottleneck” of patients.

Nordquist said the state is using some of its federal pandemic money to make space for 100 additional beds for nursing homes, giving hospitals a place to discharge some patients to relieve the pressure.