KALAMAZOO, Mich. (WLNS) — A federal judge in the Western District of Michigan Southern Division denied a temporary restraining order against the mask mandate today.
The denial came on the grounds that the school waited too long to seek a temporary restraining order due to multiple mask mandates being issued by the state health department as early as May 2020.
The judge ruled that the Catholic School in Lansing, Resurrection School, would not suffer irreparable harm before the health department could submit a request for injunctive relief because the school waited too long to seek emergency relief.
The plaintiffs, a father to three Resurrection students and a mother of a student in the Diocese of Lansing, allege that the face-covering requirement violates their federal constitutional rights by interfering with their religious beliefs, according to the court document.
The plaintiffs said that the state health department director, Robert Gordon’s order violates their rights to freely exercise their religion, their right to family integrity, equal protection, freedom of speech and freedom of association.
They say that the face covering requirement violates Michigan law and the Michigan Constitution.
Other lawsuits brought against the Whitmer administration over mask and travel mandates
This is not the first instance Governor Whitmer and the state health department have been called out for their implementation of mandatory mask orders.
In April, 6 News reporter Ashley Graham reported a lawsuit filed by the American Freedom Law Center, alleged some of Whitmer’s recent orders are “Draconian” and that some of the restrictions placed on the center and other Michiganders don’t make sense.
“They own property, cottages further up north, and under this executive order it makes it a crime for them to travel to their own property,” Muise says. “But they could literally drive to the same county where that house is located to purchase, walk into a grocery store and buy a pack of gum or go purchase gas.”
The lawsuit referenced the order that discouraged non-critical travel.
Several other Michigan residents and an Oakland County Company around that same time filed a lawsuit against Gov. Gretchen Whitmer for implementing the “Stay Home Stay Safe” Executive Order on grounds that the order violates their First and Fifth Amendment rights.
The group of individuals alleges that the non-essential businesses ordered to shut down during the stay-at-home order is an infringement upon a right to be with friends and family as well as utilize privately owned property. The group says “these rights have been unjustifiably infringed by Governor Whitmer’s executive orders 2020-21 and 2020-42.”
The group used the First Amendment, the right to assemble and the Fifth Amendment, that “private property shall not be taken for a public use without just compensation” as their grounds for the lawsuit.
On October 2, the Michigan Supreme Court struck down months of orders by Gov. Gretchen Whitmer that were aimed at containing the spread of the coronavirus.
The court said Whitmer illegally drew authority from a 1945 law that doesn’t apply. The court determined that the law was an “unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.”
The decision is an extraordinary development in a monthlong tug-of-war between Whitmer, a Democrat, and the Republicans who control the Legislature.
They’ve complained that they’ve been shut out of major orders that have restricted education, the economy and health care.
You can view the full decision here.