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Mask mandate lawsuit | 'Friend of the Court' brief filed in support of Bottoms

Amicus Curae or "friend of the court" briefs, are what someone files when they aren't involved in a lawsuit but when the results of the lawsuit could impact them.

ATLANTA — One day before Atlanta Mayor Keisha Lance Bottoms and Gov. Brian Kemp are expected to meet in court to discuss how mediation is going, an amicus curiae brief has been filed in support of Bottoms.

Kemp announced on July 16 a lawsuit against the Bottoms and the city council over its mandate requiring masks in public spaces.

Attorney Randy Kessler who isn't directly involved in this lawsuit, says amicus curiae or "friend of the court" briefs, are what someone files when they aren't involved in a lawsuit, but when the results of the lawsuit could directly affect them. He said it's unusual for this type of brief to be filed at this point.

The brief was filed by counsel for several different labor unions.

RELATED: Court orders Kemp and Bottoms to mediation over mask mandate lawsuit

"In general, these briefs are filed at the appellate level when you're trying to affect law on a global scale. This is at the trial level so its very interesting," said Kessler.

And there's another unusual aspect.

"Usually there's a lot more law in a brief, and there is law in the brief, but it's interesting how they lay out the examples of their clients, their constituents, their workers," he said. "They're going be in trouble if people go around without masks on," said Kessler.

RELATED: Lawyers for Mayor Bottoms file brief responding to Gov. Kemp's mask lawsuit

The brief claims, "the governor’s ill-conceived and unlawful effort to enjoin the implementation of the Mayor of Atlanta’s mandatory face-covering order, if successful, would have devastating impacts on the health and economic well-being of amici’s members, their families, and their communities and does not further any legitimate government purpose, public health or otherwise."

"Hopefully, they'll work this out and the brief won't matter, but what it does do is it tells both sides and if it goes to court there are a lot of people interested,” said Kessler.

Kessler said that, if this lawsuit is not resolved in mediation, he expects those in support of Kemp to file their own amicus curiae briefs.

Mayor Bottoms and Governor Kemp are scheduled to meet in court at  on Tuesday at 10 a.m. 

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