A group of small businesses and churches is pushing forward in their legal battle to get emergency powers stripped away from Governor Charlie Baker. This group claims the governor is overstepping his authority in issuing executive orders related to COVID-19.

The lawsuit, which was filed on behalf of church pastors and small businesses, basically argues that Baker should no longer be able to issue health orders and that COVID-19 infection control is a power that belongs to local boards of health.

This case has gone before the state’s highest court and in December, they upheld the governor’s right to mandate things like capacity size and mask orders under the civil defense act. Now, this group of plaintiffs, including a Westfield church, is looking to appeal that ruling. They said the state’s public health act allows for local power in times of a health emergency.

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