'Kemp v. Bottoms' Mask Fight to Play Out on Zoom
"Due to the current public health crisis, the Court will hear this matter via videoconference," Judge Kelly Lee Ellerbe said. "The hearing will be live streamed to provide public access."
July 20, 2020 at 03:48 PM
4 minute read
Georgia Gov. Brian Kemp and Atlanta Mayor Keisha Lance Bottoms will continue their mask fight from a safe distance at 11 a.m. Tuesday.
Fulton County Superior Court Judge Kelly Lee Ellerbe signed an order Monday morning for a Tuesday hearing on Kemp's motion for an emergency interlocutory injunction to stop Bottoms from mandating the wearing of masks—or doing anything else that overrides his authority.
Facing the irony of operating under a judicial emergency order requiring masks for entry into the courthouse during the coronavirus pandemic, the judge employed technology.
"Due to the current public health crisis, the Court will hear this matter via videoconference," Ellerbe said. "The hearing will be live streamed to provide public access."
Members of the public can watch the hearing on the court's website. The lawyers will use the Zoom teleconferencing service to make their arguments.
Kemp and his top lawyer, Attorney General Chris Carr, sued the mayor to stop her from enforcing a mask requirement in the city on Thursday—the day after she said President Donald Trump broke that law when he stepped barefaced off Air Force One at Hartsfield-Jackson Atlanta International Airport.
On Friday, the mayor accused the governor of putting politics over safety, saying Kemp was obviously reacting to her accusing Trump of violating city law. She was speaking on NBC's "Today" show from her home, where she is currently quarantined because she has tested positive for COVID-19.
The mayor also went on to CBS "This Morning," where she called Kemp "a Trump loyalist." The governor, she said, "seems to work very hard to please the president of the United States, and that is often at the expense of the people in our state."
The mask lawsuit isn't really about masks, according to the attorney general. "The State of Georgia continues to urge citizens to wear masks," Carr said in a statement posted on Twitter. "This lawsuit is about the rule of law."
Kemp said his issue with the mayor is bigger than masks. At a news conference at the Capitol Friday, he talked about his concern for small businesses affected by the mayor's attempt to return to the stricter lockdown of earlier days of the pandemic. He said another total shutdown could push struggling restaurants into bankruptcy.
It's not that Kemp is against wearing masks. He said he's all for it. He just doesn't want to mandate it. He said he wants individuals to take responsibility for defeating the virus and not depend on the government.
Kemp is asking the court to enjoin Bottoms from issuing orders that contradict him. He's also asking the court to enjoin the Atlanta City Council from approving those orders.
And he's asking the court to enjoin the mayor from issuing press releases or giving media interviews that suggest she has the authority to issue orders that are either more or less restrictive than his related to the public health emergency.
Expect the First Amendment to make an appearance at the emergency Zoom hearing Tuesday, based on what the mayor had to say over the weekend about the lawsuit.
"In addition to being sued over a mask mandate and voluntary advisory guidelines on COVID-19, @GovKemp has asked for an emergency injunction to 'restrain' me from issuing press statements and speaking to the press," Bottoms said in a tweet that included a photo of a page from the complaint listing Kemp's demands. "Far more have sacrificed too much more for me to be silent."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All12-Partner Team 'Surprises' Atlanta Firm’s Leaders With Exit to Launch New Reed Smith Office
4 minute readAfter Breakaway From FisherBroyles, Pierson Ferdinand Bills $75M in First Year
5 minute readOn the Move: Freeman Mathis & Gary Adds Florida Partners, Employment Pro Joins Jackson Lewis
6 minute readVeteran Litigators Move From Sidley Austin to Alston & Bird's New Chicago Office
3 minute readTrending Stories
- 1'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 2Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 3‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 4State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 5Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250