Morgantown bar appeals similar ruling to 4th Circuit
By Steven Allen Adams
The Parkersburg News and Sentinel
CHARLESTON, W.Va. — In his fifth court victory challenging his executive order authority during a pandemic state of emergency, a federal judge ruled Monday that Gov. Jim Justice’s mask mandate was reasonable. All while Morgantown bar owners appeal a similar ruling.
U.S. District Judge Robert Chambers released his written opinion order Tuesday evening in a case brought before the U.S. District Court for the Southern District of West Virginia by Andrew and Ashley Stewart, owners of Bridge Cafe and Bistro in Putnam County, denying their motion for a preliminary injunction against Justice’s indoor face mask requirement for public buildings.
Chambers heard oral arguments Monday between the Stewarts and Ben Bailey, the attorney representing the Governor’s Office.
The Stewarts, who filed their case in September, allege their constitutional rights were violated by the July 7 mask order issued by Justice, which requires people to wear face masks or face coverings in all indoor public buildings. The order was amended Nov. 13 to require masks indoors even when people can socially distance from others, though the order has exceptions…