Cameron urges Beshear to follow the law regarding school mask mandate

FRANKFORT, Ky. (WAVE) - Kentucky Attorney General Daniel Cameron calls Governor Andy Beshear’s mask mandate an “unlawful exercise of power.” On Wednesday, Cameron filed a response to the governor’s mask mandate with the Kentucky Supreme Court, urging the court to require the governor to follow the law.

This comes as so many students across the state start their first day of school wearing a mask. It’s not the first time Cameron and Beshear have brought issues on COVID guidance to the courts.

Beshear said Tuesday, he was issuing this mandate to try to prevent virus outbreaks that would close schools and child care facilities.

“I’m going to have the courage to do what I know is right to protect our children,” Beshear said on Tuesday.

Cameron’s filing before the Kentucky Supreme Court argues that the Governor’s latest order disregards the laws passed by the General Assembly during the 2021 session and violates a Boone Circuit Court injunction.

Gov, Andy Beshear (D-Ky.)(Source: Office of the Governor/KET)

Cameron said the legitimacy of government depends on the Governor respecting the judicial power of the courts and the law-making power of the legislature.

“We’re not disputing that the Governor in consultation with the General Assembly, doesn’t need to make decisions about the public health and safety of Kentuckians, that’s not what this is about,” Cameron said. “This is simply the fact that he ignored the rules and the laws that were passed by our general assembly. All I know is what the law says. And the law says he cannot make this decision without the approval and the consultation of the General Assembly. My role as attorney general is to make sure that we follow the laws.”

The wrangling over masks comes as the Delta variant sparks waves of new cases in Kentucky. This mask mandate has the support from many parents and students who have no problem with children wearing masks and the Kentucky Education Association.

Beshear won one round in the state Supreme Court over whether he had constitutional authority to impose virus-related mandates. The high court is reviewing new GOP-backed laws meant to rein in those executive powers.

Kentucky House speaker David Osbourne said Beshear took over the authority of schools boards to decide masking policy.

In a statement, Beshear’s Director of Communications Crystal Staley said the governor has taken action in the midst of the COVID pandemic to protect Kentuckians — something she said Cameron has not done.

“The attorney general’s brief to the Kentucky Supreme Court is disingenuous in that it fails to mention the Franklin Circuit Court’s statewide ruling and injunction, which found the recently passed laws limiting the Governor’s authority are unconstitutional and that the Governor has the powers necessary to fight COVID-19,” Staley said. “In one month, our state has gone from 200 cases a day to nearly 3,000. Hospitalizations are doubling every two weeks. Some Kentucky hospitals are so full they are turning away patients, and we are back to double-digit daily deaths.

The Governor has done what the attorney general and General Assembly won’t do – and that’s take action and do the right thing. His actions are supported by the education, public health and business communities. Let’s stop playing politics, get people vaccinated and beat this virus.”