HILLSBOROUGH COUNTY, Fla. – A Hillsborough County attorney had filed a lawsuit against the county over a face mask ordinance officials put in place last week.

Pat Leduc said the ordinance, which requires residents wear protective face coverings in public spaces and inside local business if social distancing guidelines cannot be enforced, unfairly penalizes business owners.

“It violates equal protection,” Leduc said. “In paragraph 7 of this order it specifically states that only business operators can be charged.”

“You or l could walk into a store not wear a mask and the manager, who’s wearing a mask, gets arrested for what you and l do.”

Leduc filed the lawsuit asking for an injunction on behalf of several clients, including the owner of Little Habana Cafe in Riverview.

The owner temporarily closed its doors and is unlikely to offer dine-in service once it reopens.  He referenced the ordinance in a Facebook post, writing, “We didn’t make this order. We are facing strict fines and penalties if we don’t enforce.”

A spokesman for Hillsborough County had no comment on the lawsuit, noting it typically does not respond to pending litigation. County Commission Chair Les Miller has been quoted as saying the county did nothing wrong by putting the mask ordinance in place.

Leduc has reached out to the county attorney asking for corrections to be made to the language found in the order. If the changes are made, Leduc says he’ll withdraw the lawsuit.