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Colorado Supreme Court refuses to hear lawsuit over mask mandate

Colorado House Minority Leader Patrick Neville (R-Douglas County) officially launched a legal challenge of the orders this week.

DENVER — The Colorado Supreme Court on Friday denied a petition filed late Thursday night to declare numerous public health orders, including the current statewide mask mandate, unconstitutional, according to court documents.

The decision came in response to a suit filed late on Aug. 26 by Colorado House Minority Leader Patrick Neville (R-Douglas County) and Michelle Malkin, a conservative political commentator.

RELATED: House Minority Leader says he plans to file lawsuit against Gov. Polis over mask mandate

In a Facebook video announcing the lawsuit, Neville claims emergency executive orders being signed by Polis, overstep his gubernatorial powers.

The suit named Gov. Jared Polis (D-Colorado), Jill Hunsaker Ryan, the Colorado Department of Health and Environment (CDPHE) executive director, Susan Wheelan the executive director of the El Paso County Public Health (ELCPH) and Bob McDonald, the executive director of the Denver Department of Health and Environment (DDPHE). 

The lawsuit asked the state supreme court to declare the Colorado Disaster Emergency Act, various CDPHE Public Health Orders, various EPCPH Public Health Orders and DDPHE Public Health Orders unconstitutional.

RELATED: Gov. Polis extends statewide mask mandate through Sept. 13

Of those orders, the "face covering" orders were specifically mentioned as well as various others that were put in place since March in response to the novel coronavirus.

They also included some of the first orders that shut down non-essential businesses and an executive order requiring businesses to reduce their in-person workforce by 50%. The suit also challenged the statewide stay-at-home order.

Neville argued that the governor overstepped his power and said there was no input from the legislature even though the House and Senate were in session shortly before Polis signed the order.  

Polis provided the following statement to 9NEWS after the court's decision on Friday.

“Mask wearing is a proven way to slow the spread of this deadly virus, will help keep businesses open, save lives, and keep our economy growing. I’m glad the Supreme Court stands with the people of Colorado in our fight against the deadly virus, in which mask-wearing is one of our most effective weapons.”  

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