Loyola University Law Professor Dane Ciolino
A Caddo District Court judge has issued a temporary restraining order blocking Shreveport’s implementation of a mandate requiring masks to be worn inside businesses.
New Orleans, Jefferson Parish, and East Baton Rouge Parish have also issued similar mandates. Loyola Law Professor Dane Ciolino believes they do have the authority to do so.
“The only constitutional limitation on regulations such as this one that are designed to promote the health safety and welfare of the citizenry is that such regulations have to have a rational basis,” says Ciolino, who adds the rational basis is easy to demonstrate considering mask mandates have scientific support.
If the mandate were to be implemented non-compliant businesses could potentially be shut down while the state remained in Phase Two.
Ciolino says governments are afforded a lot of leeways when it comes to this kind of policy.
“That level of review, rational basis review, is very deferential to municipalities and states regulating particularly in areas of public health,” says Ciolino.
Governor Edwards has often said that he is not, and has not considered a statewide mask mandate.
Ciolino says mask mandate opponents will have a hard time arguing against the mandates in potential court proceedings.
“We may disagree with some of those assessments just like we may disagree with other laws and ordinances passed by our government but the solution is not in the courts but at the ballot box,” says Ciolino.
Shreveport Mayor Adrian Perkins has until July 16th to respond, and the five businesses suing to stop the mandate have until July 17th to reply.
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