AG Steve Marshall Says the City of Montgomery’s ’10 Persons or Less in Businesses’ is Unenforceable
Attorney General Steve Marshall issued the following statement today based on multiple inquiries received by his office regarding the legality of an order imposed on local businesses by the Mayor of the City of Montgomery:
“The City of Montgomery has notified local business owners that ‘any businesses lawfully open to the public must limit the number of customers to 10 or less (persons),’ and that ‘failure to comply with this order is a criminal offense subject to fine and/or arrest.’ This order is based upon the City’s misinterpretation of the Order of the State Health Officer issued on March 27.
“The State Health Officer has communicated to the City of Montgomery that its interpretation is incorrect. Accordingly, the City’s order is unenforceable.
“If the City of Montgomery, or any other municipality, wishes to impose more restrictive mandates on the operation of businesses during this time of emergency, it must do so by way of municipal power derived from Alabama law and exercise such power through lawful means and procedures.”