By Steven Allen Adams, The Journal
CHARLESTON, W.Va. — Attorneys for Gov. Jim Justice gave multiple reasons for a federal judge to grant their motion to dismiss a case challenging the governor’s indoor face mask mandate and COVID-19 regulations for businesses.
Ben Bailey of Bailey and Glasser filed a reply Monday in the U.S. District Court for the Southern District of West Virginia on behalf of Justice in support of their motion to dismiss a complaint filed Sept. 15 by Andrew and Ashley Stewart, owners of Bridge Cafe and Bistro in Putnam County.
The Stewarts are challenging Justice’s executive orders requiring the wearing of face masks or coverings in indoor public places. The order was first issued July 7 and expanded on Nov. 13 to include areas indoor when social distancing was not possible. The Stewarts also want the March 23 executive order requiring residents to remain at home except for essential services, as well as the business re-opening guidelines released in May ruled as unconstitutional.
In his reply, Bailey wrote that Justice’s executive orders are allowed under state code and the governor’s state of emergency declared on March 16 to deal with public health emergencies, such as pandemics. Bailey also wrote federal courts have no jurisdiction over state law as long as those laws don’t violate the U.S. Constitution…