KALAMAZOO, Mich (Legal Newsline) – A Christian school is appealing a federal judge’s unwillingness to get involved in a dispute over Michigan’s face mask mandate.
Libertas Christian School was rebuffed Nov. 3 in its challenge of social distancing orders imposed after the state Supreme Court had struck down earlier mandates. The school filed its appeal shortly after to the U.S. Court of Appeals for the Sixth Circuit.
District Judge Paul Maloney has denied Libertas Christian School’s motion for injunctive relief and refused to settle the allegations its rights were being violated by what it 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.