Colorado GOP leader suing governor over statewide mask order

Colorado House GOP Minority Leader Patrick Neville and conservative activist Michelle Malkin are suing Gov. Jared Polis over the statewide mask order.

Polis required masks to be worn in public beginning in mid-July after initially resisting calls for a statewide order, and he has since credited it with a slowdown in coronavirus cases. But Neville and some other Republicans have opposed that mandate and similar rules imposed by the governor, calling them unconstitutional.

“Governor Polis’ Executive Orders have been devastating to the people of Colorado,” Neville said in a statement. “People have been ordered to stay at home; their right to travel has been trampled; their right to worship has been taken away; businesses have been shut down; and countless jobs have been lost. The Governor has overstepped his Constitutional powers. We have checks and balances and Governor Polis needs to follow them.”

The complaint — which is expected to be filed Wednesday or Thursday — challenges the constitutionality of the Colorado Disaster Emergency Act, according to a news release from Neville’s Office, saying Polis’ order crosses the separation of powers between the legislative and executive branches.

This story has been updated to clarify that the lawsuit has not yet been filed.

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