Attorney General's Office Says It Did Not Direct Mask Decision
Attorney General says Douglas County Health Department needs approval of state Department of Health and Human Services
By News Channel Nebraska
LINCOLN – The Nebraska Attorney General’s Office released a statement Friday saying it did not provide direction in discussions with Omaha city attorneys on whether a mask ordinance should be enacted or not.
The statement says the attorney general’s role is to evaluate the law, not to create it.
Statement: “Under Nebraska law, the Douglas County Health Department may only take measures ‘to arrest the progress of’ infectious disease ‘with the approval of the Department of Health and Human Services.’
The statement says Nebraska law contains an exception for the Lincoln-Lancaster County Health Department, which earlier made a mask directive.
The attorney general’s office says these legal issues were discussed with the Omaha city attorney, but state attorneys did not direct whether or not to enact a mask ordinance.
Douglas County Health Director Adi Pour announced Friday she would not issue a mask mandate. She said she would focus on public health matters rather than get caught up in legal issues.
An Associated Press story says Pour made the decision after Gov. Pete Ricketts and the attorney general's office contacted local authorities to insist that a local mandate would violate state law.
The Douglas County Board of Health on Monday voted unanimously to support a mask mandate.
Follow this link for News Channel Nebraska's report on comments from Director Pour and Omaha Mayor Jean Stothert.
https://metro.newschannelnebraska.com/story/42438345/dr-rupp-erupts-over-no-mask-mandate-decision
July 31, 2020
The role of the Attorney General is to evaluate the law, not create or direct public health policy. Under Nebraska law, the Douglas County Health Department may only take measures “to arrest the progress of” infectious disease “with the approval of the Department of Health and Human Services.” Neb. Rev. Stat. § 71-1631(10). Nebraska law contains an exception for the Lincoln-Lancaster County Health Department. Lancaster County mask directive was issued pursuant to that provision. Neb. Rev. Stat. § 71-1630(4). The Attorney General’s Office discussed this legal issue with the Omaha City Attorney but did not direct whether or not to enact a mask ordinance.