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Judge dismisses lawsuit against city of Springfield’s masking ordinance

Springfield-Greene County Health Department still encourages masking
Springfield-Greene County Health Department still encourages masking(KY3)
Published: Oct. 29, 2020 at 11:23 AM CDT
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SPRINGFIELD, Mo. (KY3) - A judge dismissed a lawsuit asking to throw out the city of Springfield’s masking ordinance.

Attorney Kristi Fulnecky tells KY3 News the judge ruled there is not enough evidence to constitute injury against the petitioner.

Fulnecky filed the lawsuit on behalf of her client, Rachel Shelton. The lawsuit stated the “state of emergency to protect human life” used to pass the ordinance was an overreach of government. The lawsuit at the time pointed to a low mortality rate in the county from the coronavirus. She filed the lawsuit on July 23.

Read the city of Springfield’s masking ordinance here.

Fulnecky released a statement to KY3 News Thursday morning regarding the judge’s decision.

“We stand firm in our belief that the ordinance injures not only the petitioner, but all citizens and the Constitution of the United States of America. The mandatory shutdowns and mask mandates have hurt businesses, employees, families, and citizens. This pandemic is not dangerous enough to justify the extraordinary uses of governmental authority and overreach. The healthy general public has minimal risk from serious illness due to this virus yet the Greene County Health Department has willingly destroyed lives and livelihoods though their overreach. I applaud my client for taking a stand against this injustice. While many have spoken out, she has taken action. I encourage all citizens to speak out and to continue to speak out and more importantly, take action. Elected officials work for the people and should be a voice of the people – not working to silence the majority."

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