OTTAWA COUNTY, MI -- A federal appeals court rejected an Ottawa County Christian school’s request to intervene after being closed by the health department for not adhering to coronavirus safety measures.
Ottawa County Department of Public Health shutdown Libertas Christian School in Hudsonville on Oct. 23 because school leaders didn’t require students and staff to wear masks and the lack of contact tracing.
The school, located at 5181 64th Ave., contended that “shut down orders” are unconstitutional.
Earlier this month, a federal judge in the Western District of Michigan denied the school an injunction.
The school then asked the Sixth Circuit Court in Cincinnati, Ohio for an emergency injunction. The result was the same with both appeals against masking, social distancing and contact tracing denied again on Nov. 20.
Related: Christian school closed over COVID-19 violations could reopen if it agrees to mask mandate
Libertas was represented by Grand Rapids attorney Ian Northon who argued the government violated rights to religious freedom under the First Amendment.
In a 20-page document filed with the Sixth Circuit Court of Appeals in Cincinnati, Norton said civil liberties of parents and students were being infringed upon, “including the near-absolute right to educate and discipline their own children in their chosen methods.”
The school, which serves prekindergarten through 12th grade students, was served three cease and desist letters by the health department in October.
The school was closed Oct. 23 after two teachers tested positive for COVID-19 but the school refused to provide student information for contact tracing. It reopened after a quarantine period that ended Friday, Nov. 5.
In the decision, circuit court judges Richard Suhrheinrich, Ronal Gilman and Joan Larsen wrote that they agreed with the Western District of Michigan stating injunctions are “an extraordinary remedy” that should only be used to only when “circumstances clearly demand it.”
The judges said Libertas had “failed to establish that the district court abused its discretion in denying a preliminary injunction.’' They also pointed out that since filing the appeal, Libertas had closed voluntarily.
“This fact belies any claims to “irreparable harm . . . during the pendency of the appeal. We therefore DENY the motion for an injunction pending appeal.”
Libertas officials closed the school shortly after reopening this month until Thanksgiving because of an increase in COVID-19 cases in the area.
Related: Christian school in fight over masks closes on its own as coronavirus cases surge
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