OMAHA, Neb. (AP) — The state of Nebraska has gone to court to block Omaha’s new mask mandate even though the number of virus cases has risen dramatically this month.

The Nebraska Attorney General’s office said Thursday that it filed its lawsuit late Wednesday. The state argues that Douglas County Health Director Lindsay Huse doesn’t have the authority to issue a mask mandate unless the state approves it beforehand, and the state Department of Health and Human Services has rejected her previous requests.

Huse said Tuesday that she believes she is on solid legal ground under the powers granted to her by city code. She says the rule is needed because of the recent “astronomical spike in cases” that is filling up hospitals.