Mayor Hardie Davis: Augusta mask order will prevail

As Augustans increasingly comply with face-mask rules and recommendations, Mayor Hardie Davis says he is confident his mask mandate will hold up in court.

As of Wednesday, Augusta-Richmond County total COVID-19 cases increased by 47 to 2,437. Davis told Augusta commissioners Tuesday that across the 12-county health district, emergency rooms were 75% full, critical care beds were 74% occupied and inpatient beds were 80% in use.

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Around 1 p.m. Wednesday, everyone - employees as well as customers - was wearing a mask in the Washington Road Kroger and Publix groceries, while a few Kroger shoppers had let theirs slip below their nose or mouth. The two chains recently announced masks are mandatory.

Davis joined the governments in Atlanta, Savannah, Athens and other Georgia cities July 10 by signing an order requiring masks be worn in all public places. Gov. Brian Kemp followed with an order specifically prohibiting local governments from requiring masks.

Kemp's subsequent lawsuit attempting to enjoin Atlanta Mayor Keith Lance Bottoms from requiring masks and shuttering businesses spells will likely spell the end of Kemp's anti-mask order, Davis said.

Georgia Municipal Association, the lobbying arm for Georgia cities, has filed a friend-of-the-court brief in support of Atlanta that Davis said will back cities' ability to enact mask and other pandemic requirements. A hearing in the case is scheduled for July 28.

"The brief argues that the governor does not have the authority to usurp home rule that is conferred upon cities by the General Assembly," said Davis, a former state senator and representative. "That will be the argument that is taken to the court."

While state law gives the governor authority to issue orders during public health emergencies, it also expressly gives cities authority to do so, he said.

Davis also cited Augusta meeting the "red zone" criteria in a recent White House Coronavirus Task Force report. The criteria include a percentage of positive tests greater than 10%. Georgia, at over 12.3% Wednesday, is among 18 states in the red zone.

Augusta and at least 29 other Georgia cities including Athens, Columbus, Savannah, Macon, Brunswick and Valdosta also meet the red zone criteria, according to the report.

Places in the red zone should require face coverings, limit gatherings to 10 or fewer, close bars and gyms, increase testing, reduce social interactions by 75%, perform community contact tracing, encourage outdoor dining and more, the report said.

Monday, Commissioner Brandon Garrett launched a "mask-up" initiative to encourage the public and businesses to use masks to slow the spread.