Editorial: Reconsider appointment to Oregon Court of Appeals

Stock photo

PORTLAND — The Oregon Court of Appeals on Wednesday dismissed a lawsuit challenging Gov. Kate Brown’s initial mask mandate, saying the requirements have been revised so many times the issue is moot.

The conservative Freedom Foundation asked the Oregon Court of Appeals in July 2020 to temporarily invalidate masking rules as the court delved further into the legalities of the order.

The group alleged that Brown and the Oregon Health Authority didn’t follow legal procedures in mandating masks in all public indoor spaces and outdoors when 6 feet of physical distancing can’t be maintained.

The Oregon Health Authority maintained that mandate stemmed from an executive order by Brown and wasn’t subject to review as an administrative rule by the Oregon Court of Appeals.

While the appeals court didn’t necessarily buy that argument, it didn’t matter. The 2020 mask order has since been superseded.

“In other words, in more ways than one, we no longer inhabit the same world as we did at the time the OHA issued the guidance that petitioners have challenged,” the appeals court wrote. “That means this rule-review proceeding is moot under our case law.”

Brown reinstated an indoor and outdoor face covering requirement this summer, with adults and most children required to wear masks in public settings. Children under the age of 5 are exempt from the mandate.

Sign up for our Daily Headlines newsletter

Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

(2) comments


The new Oregon OSHA rule only recommends that customers and guests wear masks, but mandates that employees wear masks. So store-shops no longer refuse service to mask-less people. If would have been nice to have that explained here since the legal jargon is not easy to read. Thanks


Hear is a resource guide for shop-owners and the mask "mandate" recommendation.


Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.