A federal judge ruled that a lawsuit against Alabama Governor Kay Ivey and state health officer Scott Harris about the state's mandatory masking order will move from Huntsville to Montgomery.
On Monday, Judge Liles Burke sided with the defense and their argument that the case should be tried where the actions of the defendants were taken and not where the injuries occurred. Since Gov. Ivey lives and works in Montgomery, the case will now move to the Middle District.
Former Alabama Supreme Court Justice Roy Moore is representing the plaintiffs who say they've suffered under the mask order. Six of those seven plaintiffs live in North Alabama.
The lawsuit claims the seven plaintiffs have suffered as a result of the mask order -- be it emotionally, physically or financially. The suit says that the governor’s order restricts rights of worship, travel, assembly and other freedoms guaranteed in the Constitution.
Moore said he is very disappointed with the decision to move the case because he feels they're most likely to get justice outside Montgomery. Still, he said, the fight goes on.
"We're hoping to achieve a simple thing -- that no emergency takes away your constitutional rights,” Moore said. “If it did, they can order you to be shot, they can order you to be confined, they can order you to do anything they want and get away with it. And that's exactly what the governor of this state is doing."
Moore added he feels every judge and lawyer should recognize that an emergency doesn't allow someone to take away your constitutional rights.
"When somebody starts telling you, ‘you've got to stay at home,’ that's a violation of everything the constitution stands for. … something is wrong in this state and somebody's gotta say something about it,” Moore said.