ATLANTA — Georgia Govenor Brian Kemp said that he is dropping his lawuit against the city of Atlanta over their requirement to wear masks in public amid the coronavirus pandemic.
Kemp issued a statement Thursday afternoon saying that he withdrew the case against Atlanta Mayor Keisha Lance Bottoms and the Atlanta City Council after negotiations between Kemp and Bottoms fell apart.
"Unfortunately, the Mayor has made it clear that she will not agree to a settlement that safeguards the rights of private property owners in Georgia," Kemp said in his statement.
"Given this stalemate in negotiations," the Republican governor continued, "we will address this very issue in the next Executive Order. We will continue to protect the lives and livelihoods of all Georgians.”
Bottoms, a Democrat, tweeted the news Thursday afternoon with a quote from poet Audre Lorde: “Sometimes we are blessed with being able to choose the time, and the arena, and the manner of our revolution, but more usually we must do battle where we are standing."
The lawsuit, which was filed July 16, asked a judge to overturn Bottoms’ orders, which are more restrictive than Kemp’s, as well as to block her from issuing any more such order.
In addition, Kemp sought to instruct the City Council not to ratify Bottoms’ actions or adopt any ordinances inconsistent with Kemp’s orders.
He also sought to prohibit Bottoms from making public statements asserting she has authority that exceeds Kemp’s, and to require city officials to enforce “all provisions” of Kemp’s existing orders.
In a court filing last month, lawyers for the city argued that the lawsuit is barred by sovereign immunity, which says state and local governments can’t be sued without their consent. The city has the right to take action to protect the public, and its mask mandate is not inconsistent with or preempted by the governor’s order, the city’s filing argued.
“In the absence of state leadership on this issue, local governments have stepped in to protect their citizens,” the city’s filing said.
The Georgia Municipal Association, which represents municipal governments throughout the state, as well as Democratic state lawmakers and several labor unions had filed briefs saying the governor has overstepped his authority by trying to limit additional measures taken by local governments to fight the spread of the coronavirus.
The Associated Press contributed to this report.