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MOONEY v. STATE

A174300.

500 P.3d 79 (2021)

314 Or. App. 809

Chester MOONEY, Shannan Pozzi, and Kevin Rubio, Petitioners, v. STATE of Oregon, acting BY AND THROUGH the OREGON HEALTH AUTHORITY, and Kate Brown, in her capacity as Governor and Chief Executive of the Oregon Health Authority, Respondents.

Court of Appeals of Oregon.

September 29, 2021.

Attorney(s) appearing for the Case

Tyler D. Smith argued the cause for petitioners. Also on the briefs was Tyler Smith & Associates, P.C.

Michael A. Casper , Assistant Attorney General, argued the cause for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and Shorr, Judge, and Kamins, Judge.

On June 30, 2020, respondent, the Oregon Health Authority (OHA), issued a document, effective July 1, 2020, entitled "Statewide Mask, Face Shield, Face Covering Guidance." In it, the OHA spelled out what turned out to be the first round in the ever-evolving face-covering guidance intended to protect Oregonians against the spread of...

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