Judge denies request for TRO on Branson’s face covering ordinance
SPRINGFIELD, Mo. (KY3) - A Taney County judge has denied a request for a temporary restraining order on Branson’s face covering ordinance.
Attorney Kristi Fulnecky recently announced lawsuits against the cities of Branson and Springfield regarding their face mask mandates. Both were announced within the past month.
Friday marked the first hearing regarding the lawsuit against the city of Branson. A Taney County circuit judge denied the temporary restraining order and determined no preliminary injunctive relief on plaintiff’s petition is available.
According to court records, both sides presented arguments and cited cases. Dr. Shawn Usery M.D, Chief Medical Officer for CoxHealth, testified for the defense.
CoxHealth said in a statement to KY3:
We are pleased that the masking ordinance will remain in effect for the city of Branson. We believe it will make a difference in the health and ongoing well-being of our community, and help contain the spread of the disease, ultimately potentially saving lives.
The lawsuit listed the right to privacy as it’s main argument. It also lists the impact on tourism, stating the Lake of the Ozarks, without a mask mandate, has seen a spike in visitors. Fulnecky said she’s had people from every part of the state that has a masking ordinance reach out for her services.
Fulnecky said in a statement Friday:
I’m excited we were able to have a hearing as quickly as we did in Branson. While the judge did not issue the restraining order, we are happy the case will proceed to trial. We are also pleased that the judge did not find in favor of the Defendant’s gag order request and that this matter can continued to be communicated with the public.
Following Friday’s hearing, the rest of the litigation over the request remains pending. Branson’s city attorney made a motion seeking to limit pre-trial publicity, but it was ultimately overruled.
Branson’s face covering ordinance took effect on Friday, July 31. It remains in effect until Tuesday, Sept. 8, when the board aldermen will decide on whether extend it or let it expire.
Last month, Fulnecky told KY3 in an interview about a similar lawsuit against the city of Springfield, she would be resilient in taking on these types of cases.
”If they deny the TRO, we can appeal it, and then it would go to the Missouri Supreme Court. We’ll just kind of see how it goes after that,” Fulnecky said.
Fulnecky’s Springfield lawsuit isn’t moving as quickly. So far, four judges have recused themselves from the case against the city of Springfield and its council members based on the identities of those involved. The city has asked for the case to be dismissed.
A third lawsuit targets Springfield Public Schools for not holding in-person classes five days a week. The district has asked that case to be moved to federal court.
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