KALAMAZOO, Mich. (Legal Newsline) – Though it has been allowed to reopen, a Christian school in Michigan has been rebuffed in its challenge of social distancing orders imposed after the state Supreme Court had struck down earlier mandates.
On Nov. 3, federal judge Paul Maloney denied Libertas Christian School’s motion for injunctive relief and refused to settle the allegations its rights were being violated by what they called “rogue government actors.”
Maloney abstained from ruling on any alleged violations arising out of unsettled state law, preferring to leave those matters to state courts.
“Libertas raises an as-applied challenge to an emergency order issued under a public health statute that has not yet been interpreted by any state court,” Maloney wrote.
“The order could be interpreted in a manner that would eliminate the need for this court to reach any constitutional determination. The state courts could also interpret the statute in a manner that would eliminate the need for any constitutional determination.”
Libertas Christian School filed suit Oct. 18 in Kalamazoo federal court against Gov. Gretchen Whitmer, state Attorney General Dana Nessel and other officials.
The school says it has implemented several safety procedures to keep teachers and students safe and that no student has tested positive for COVID-19 this year.
Earlier this year, the state Supreme Court struck down Whitmer’s executive shutdown orders because they expired.
Whitmer at first claimed a grace period during which her orders would stay in effect before admitting that isn’t the case, but the Michigan Department of Health and Human Services issued a face mask order on Oct. 5.
The Ottawa County Department of Public Health closed the school for violating post-Supreme Court ruling orders but has told the court it will allow it to reopen on Nov. 6. The school will be allowed certain face mask concessions while following the rest of the rest of the new orders.
That eliminated the need for the injunctive relief sought by Libertas. Its constitutional claims arise from an unsettled state law or act, Maloney wrote.