Georgia Governor Brian Kemp Holds Coronavirus Press Conference

ATLANTA, GEORGIA - APRIL 27: Georgia Governor Brian Kemp speaks to the media during a press conference at the Georgia State Capitol on April 27, 2020 in Atlanta, Georgia. The press conference was held to brief the media about the current situation of the coronavirus (COVID-19) outbreak in Georgia as the state reopens restaurants for dine-in customers. (Photo by Kevin C. Cox/Getty Images)

ATLANTA, Ga. (CBS46) -- After being ordered to mediation last week, Governor Brian Kemp has withdrawn an emergency lawsuit hearing against Atlanta Mayor Keisha Lance Bottoms and City Council over conflicting mask mandates.

News of the governor suing Bottoms was announced in early July; but before the first scheduled hearing on July 21, two judges recused themselves from the case.

A second date, July 28, was scheduled with Fulton County Judge Jane Barwick. However, before the hearing could take place both the governor and mayor were ordered to mediation, a move that may have proved worthwhile for taxpayers.

"Shortly after we filed suit against Mayor Bottoms and the Atlanta City Council, the Mayor retreated from misleading claims that the city was reverting to Phase One by shuttering specific businesses and penalizing law-abiding business owners. From the beginning, this overstep by the Mayor was our foremost concern and the primary impetus behind the litigation given the threat of economic harm and immediate backlash from Atlanta’s business community," said Kemp in a released statement Monday night.

He added that Mayor Bottom explaining that rolling back Atlanta's reopening to Phase 1 is voluntary.

"To continue productive, good faith negotiations with city officials and prepare for a future hearing on the merits of our legal position, we will withdraw our motion for the emergency hearing tomorrow. Our ultimate priority remains the same: protecting the lives and livelihoods of our citizens and Georgia businesses," continued Kemp. "We will continue to fight for hardworking Georgians and prioritize public health data and science in our decision-making."

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