City Sued Over Mask Mandate

LINCOLN, NEBRASKA (September 10, 2020) – Today Berry Law and Mattson Ricketts Law Firm filed a lawsuit in the District Court of Lancaster County against the City of Lincoln over the Directed Health Measure requiring that masks be worn in buildings open to the Public. In addition to asking that the mandates be voided, the lawsuit seeks damages for economic harm caused to Lincoln’s business owners and employees.

The Plaintiffs listed are Ben Madsen and his business, Madsen Bowling and Billiard Center.  It also asks the Court to recognize the suit as a class action on behalf of all businesses in Lincoln and their employees.  It lists Mayor Leirion Gaylor Baird, Health Director Pat Lopez, and Police Chief Jeff Bliemeister as defendants.

A statement issued jointly by the two firms said “While it is impossible to avoid the politics surrounding these controversial mandates, this lawsuit is not meant to be political. The purpose of the lawsuit is to ensure that those entrusted with exercising the power of government do so in a way that is consistent with their legal authority.”

The statement went on to say “It is also important to understand that this lawsuit is not intended to convey a specific message as to whether or not wearing a mask is appropriate.” It said the suit was filed “at the request of numerous business owners and employees who simply want the opportunity to earn a living without the unlawful intervention of government. The inconsistent micro-managing of the situation by the City of Lincoln violates the law.”

The two firms concluded their statement saying “The role of business is not to serve as a posse for government enforcement of the law. The City cannot force, under the threat of criminal prosecution and closure, businesses to exercise police power that they do not inherently possess.”

Further Reading: LPD Enforcing Shut Down Of Madsen’s Bowling & Billiards, After Not Complying With Mask Mandate