State Supreme Court Denies Restraining Order Against COVID-19 Mandates


The Louisiana Supreme Court denied requests for a temporary restraining order against New Orleans' vaccine and indoor masking mandates, allowing those mandates to remain in place through Mardi Gras.
Photo by Craig Stanfill; licensed under CC BY-SA 2.0

The Louisiana Supreme Court denied requests for a temporary restraining order against New Orleans’ vaccine and indoor masking mandates, allowing those mandates to remain in place through Mardi Gras.

More than 100 plaintiffs have joined a lawsuit against Mayor LaToya Cantrell, the New Orleans Health Department, and Dr. Jennifer Avegno, saying that the mandates violate their constitutional rights by requiring vaccinations and indoor masking. Both city and health officials agree that the restrictions have helped curb the spread of the coronavirus.

According to the lawsuit, plaintiffs have “endured nearly two years of unprecedented executive control during the COVID-19 pandemic. What started as a temporary means to protect the community from unknown risks has turned into perpetual, unlawful overreach.”

The petition for a temporary restraining order against the mandates was filed by New Orleans-based Rodrigue & Arcuri law group, which is assisting locally with the challenges – plaintiffs are represented by the Alexandria-based attorney Jimmy Faircloth. That petition was denied by the Louisiana Supreme Court on Friday and the first hearing of the suit was scheduled for March 3 – two days after Mardi Gras.

“While we are disappointed that the Louisiana Supreme Court did not recognize the immediate and irreparable harm being caused to the families and children of Louisiana in this unprecedented mandate overreach, we look forward to presenting evidence and argument in this case,” said plaintiff attorney Laura Rodrigue. “The people of Louisiana have had enough. We certainly hope that the court will stand up for our children, our families, and our businesses.”

The city’s current COVID-19 mandates will remain in place through the season. This includes:

  • Proof of full vaccination or a negative COVID test (within 72 hours) for indoor dining, fitness, entertainment & performance spaces, and large outdoor events (parades excepted). This includes Carnival balls, receptions, and after-parties.
  • Anyone participating in a Carnival or Marching Club parade must be fully vaccinated or provide proof of a negative COVID test taken 72 hours before the parade rolls.
  • Masks required in all indoor spaces outside the home, including restaurants and bars when not actively eating or drinking.

The Louisiana National Guard is operating several COVID testing sites across the city Mon-Sat from 8am-4pm:

  • Mahalia Jackson Theater – 1419 Basin St
  • UNO Lakefront Arena – 6801 Franklin Ave
  • Alario Center (West Bank) – 2000 Segnette Blvd

These sites will be closed on Lundi Gras and Fat Tuesday.

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