Dave Domina Gives Legal Commentary on Upcoming Hearing Over Omaha Mask Mandate Lawsuit

Dave Domina Gives Legal Commentary on Upcoming Hearing Over Omaha Mask Mandate Lawsuit

Domina Law Group Founder Dave Domina has been quoted by KPTM News providing legal commentary on an upcoming pre-trial hearing for a pending mask mandate lawsuit against the City of Omaha.

As reported by KPTM, a pre-trial hearing has been set for May 12th. But with new data from the Douglas County Health Department showing that the mandate might be lifted before the hearing takes place, many are wondering why the lawsuit is moving forward.

In an interview with KPTM, Domina says that "there's levels of government responsibility issue that's presented by the case, and I would think that's what the Attorney General is really interested in.”

The suit, which will proceed against Douglas County and Health Director Dr. Lindsay Huse, aims to determine whether Huse had authority to impose a mandate and whether Health Directors in the future will need to obtain permission from the city before taking public health action.

The question, Domina told KPTM, boils down to this:

“In the event a public crisis, does the city have the authority to act without prior approval of the state?”

The suit also implicates the Home Rule Law or the Dillon Rule, which essentially gives Omaha authority to govern with limited interference from the state. However, the Dillon Rule requires that decisions be in line with state law and constitution. According to Domina:

“The City of Omaha controls very large parts of the law that would otherwise, in other places in Nebraska, be controlled by state law. I think the tension here, is that the city probably feels it can act, both more speedily and more responsibly to the metropolitan needs.”

Read the full article featuring quotes from Dave Domina here.