MONTGOMERY, AL–U.S. District Judge W. Keith Watkins has denied a motion for a temporary restraining order against Gov. Kay Ivey and State Health Officer Dr. Scott Harris to block enforcement of their emergency regulations to limit the spread of COVID-19, including the statewide mask order.
Seven people represented by former state Supreme Court Chief Justice Roy Moore sued Ivey and Harris on Sept. 24 claiming the orders violated their constitutional rights under the First, Fifth, and 14th Amendments.
They asked the court to block Ivey and Harris from enforcing orders “with regard to wearing of masks, unconstitutional regulation of houses of worship, discriminatory closing of businesses, social distancing, assembly, and stay at home orders.”
“Either way, Plaintiffs waited an impermissible amount of time to seek the ‘extraordinary and drastic remedy’ of a temporary retraining order,” Watkins wrote.