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

Rep. Patrick Neville said Gov. Polis' executive orders overstep his gubernatorial powers.

COLORADO, USA — Colorado House Minority Leader Patrick Neville (R-Douglas County) announced he is going to file a lawsuit against Gov. Jared Polis (D-Colorado) over the governor's executive orders in response to the COVID-19 pandemic including a statewide mask mandate.

>> Video above: Why mask guidance changed during COVID-19.

Neville said the suit would be filed either today or Thursday. Conservative political commentator Michelle Malkin will also be named as a plaintiff in the filing.

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

"I think the governor has gone well beyond the power that's been given to him," Neville said. "He's actually been legislating and writing laws; that is our job as a legislature."

When asked directly about which executive order he thought was an overstep of powers, Neville said the first to come to his mind was the mask mandate order.

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

Neville said there was no input from the legislature even though the House and Senate were in session shortly before Polis signed the order. 

In a statement provided to 9NEWS, Gov. Polis said, “We are free to be on the side of a deadly virus that has taken the lives of too many friends, parents, and loved ones, or on the side of Coloradans. I’m on the side of Coloradans.” 

John Bandimere, Jr. was also in attendance at Neville's announcement and said that a separate lawsuit will be filed next week against Gov. Polis in Jefferson County.

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