New Orleans Mayor LaToya Cantrell and the city’s health department have been sued over their COVID-19 rules.
The lawsuit, filed in Orleans Parish Civil District Court by attorneys Laura Cannizzaro Rodrigue from the law firm Rodriguez & Arcuri and Jimmy Faircloth with Faircloth, Melton, Sobel, & Bash on behalf of more than 100 residents and workers in the Louisiana city, argues the vaccine and mask mandate in place violate “their constitutional rights” and has prevented them from being able to enjoy certain activities in the city, according to Fox 8.
The plaintiffs are seeking a judgment in which the city’s vaccinate-or-test mandate is declared unlawful, as well as a temporary restraining order and preliminary and permanent injunctions.
“The people of New Orleans and our children have endured nearly two years of unprecedented control from our so-called city leaders,” Rodrigue said in a statement about the lawsuit to Fox News. “What started as a temporary means to protect the community from unknown risks of a virus has turned into a circus of mandates that no longer make sense to any rational person.”
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“Enough is enough. People all over our great State who live, work, and worship in New Orleans are united in this effort to take back control of their lives and families,” Rodrigue said.
Cantrell and her administration announced on Nov. 16 they would be implementing a policy that required residents and visitors of the city to show their vaccination status or provide proof of a negative COVID-19 test in order to enter restaurants, gyms, or entertainment centers. The mandate would stay in effect until at least March 1.
With the mandates, which went into effect on Tuesday, masks are required to be worn by individuals older than the age of 2, and individuals 5 and older are required to show proof of vaccination status in order to gain entry to places such as restaurants, gyms, concert halls, bowling alleys, and casinos or provide proof of a negative test result.
The plaintiffs argue in the lawsuit that the “vaccinate-or-test mandate violates La. Const. art, I § 5 by infringing on the fundamental right to privacy with overly broad restrictions,” which don’t take into account such things as religious accommodations, personal choice, or even natural immunity.
Included in the complaint are arguments and data that show that the omicron variant of COVID-19 has both stood up to the immunity that the vaccines provide and is described as being “less severe,” though it is more easily transmissible.
“We normally don’t comment on pending or active litigation, but in this case, it’s worth noting — the guidelines we put in place saved lives,” Beau Tidwell, a representative for Director of the Health Department Jennifer Avegno, said in a statement provided to the Washington Examiner. “The vaccine mandate and the masking requirements will remain in effect thru Mardi Gras. The only way we can this — is if we do it safely.”
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“Simply put, the risk posed by Omicron to most people — especially children — is de minimis, far below the risks posed by many other diseases and activities of daily life,” the plaintiffs argue in the complaint. “For example, the risk to a New Orleans resident or visitor of injury in an automobile or of being the victim of violent crime is greater than the risk of severe illness from the Omicron variant.”
Louisiana has reported 1,174,941 coronavirus-related cases and 15,755 related deaths, according to the Louisiana Department of Health website.
The Washington Examiner reached out to Faircloth, Melton, Sobel, & Bash and Cantrell for a statement but did not receive a response back.
