Doug Peterson

Nebraska Attorney General

Attorney General Files Lawsuit Seeking to Stop Enforcement of the Omaha Mask Mandate.

Lincoln-- Late yesterday, the Attorney General filed a lawsuit seeking to stop enforcement of the Omaha mask mandate. The mandate was unilaterally issued by Dr. Lindsay Huse, Health Director of the Douglas County Board of Health, without approval from the Nebraska Department of Health and Human Services. In issuing this edict, Dr. Huse exceeded the authority given to her under local and state law. 
The complaint filed in Douglas County District Court states: “The mask mandate is unlawful because, as alleged herein, the mandate exceeds Dr. Huse’s authority under the Omaha Municipal Code, the mandate conflicts with applicable state law, the portions of the Omaha Municipal Code that Dr. Huse invokes to justify her mandate are preempted by state law, and the mandate violates Article XI, Section 5 of the Nebraska Constitution.”
The State is asking the court to find that Dr. Huse lacked authority to issue the mask mandate and to prevent local officials from enforcing the mandate. The Attorney General is seeking an immediate hearing.