OMAHA- The ink had just dried on a judge’s order upholding the City of Omaha’s mask mandate Tuesday when an attorney opposed to the mandate set eyes on whether they could get the issue before another set of robes.

Dave Lopez, a private-practice attorney, and former assistant Nebraska attorney general representing three Republican members of Omaha’s City Council said he was exploring how, and how quickly, this case could get to Nebraska’s Supreme Court.

The short answer: It probably will not be quick or easy.

In the vast majority of cases, the Nebraska Supreme Court requires that any appeals be based on a final order. Douglas County District Judge Shelly Stratman merely declined to issue a temporary restraining order on Tuesday — and isn’t close to a full hearing on the case.

Stratman pointed to Nebraska Supreme Court decisions that say a judge’s ruling on “a temporary injunction is not an appealable order.”

Additionally, in her 30-page decision, Stratman emphasized that both sides will present evidence at a yet-to-be-scheduled permanent injunction hearing. At such a hearing, the state could present additional information that would change her mind regarding who has the power “to enact measures related to communicable diseases in the City of Omaha.”

The state had argued that such mandates require approval from the Nebraska Department of Health and Human Services.

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