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Governor Kate Brown's face mask order is being challenged in court.

The Freedom Foundation has requested an emergency stay with the Oregon State Court of Appeals to prevent Brown from imposing the order.

“Governors in left-leaning states all over the country are making up the rules as they go – and ignoring the procedural rules their own state laws set up,” Freedom Foundation’s Oregon director Jason Dudash said.

The Freedom Foundation filed the court action on behalf of three individuals who object to the mandate that they wear masks.

In addition to Brown and the state of Oregon, the challenge names Oregon Heath Authority Director Patrick Allen, who on June 30 issued the “Statewide Mask, Face Shield, Face Covering Guidance,” which outlines the face covering requirements.

Freedom Foundation’s challenge points out that the “guidance” is an administrative rule — and the creation of such a rule must follow the procedural standards set forth in ORS 183.

These standards include notice of the proposed rule, publication of the rule, 21 days advance notice to allow public input, and a fiscal impact statement, according to a release from the Freedom Foundation.

The challenge argues that not only does the mandate violate state statue, it also violates the wearer’s First Amendment rights.

Freedom Foundation filed a lawsuit earlier in July challenging Washington’s mandatory mask rule.

Governor Brown's office has yet to respond to requests for comment. The News Guard will continue to follow this case.

The Freedom Foundation advocates for free markets and limited, accountable government from its offices in Washington, Oregon, California, Ohio and Pennsylvania.

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