Monday, December 6, 2021
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Sep. 20, 2021

1. Plaintiffs’ Complaint

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Oct. 11, 2021

2. Ottawa County’s Response

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Oct. 25, 2021

3. Plaintiffs’ Updated Complaint

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Nov. 4, 2021

4. Request for Summary Disposition

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Quick Summary

The plaintiffs are asking the Court to invalidate the mask mandate and declare:

  1. The orders are “regulations” under the public health code;
  2. As regulations, they don’t take effect until ratified by the County Commission;
  3. Unratified orders are an invalid exercise of governmental authority.

The central legal question in this case—whether the mask mandate orders are subject to County Commission oversight—is now clearly framed for judicial review.

The hearing for arguments is scheduled for Monday, December 6, 2021 at 3:00 PM. 

Arguments will be heard in person at the Ottawa County Circuit Court in Grand Haven. No witnesses will be called. The attorneys for the plaintiffs and defendants will take turns arguing the case and answering the Court’s questions.

After the hearing is complete, the next step will be for the Court to make its ruling, which could be days or weeks after the arguments. The court may issue a written opinion during 2021, although there are no guarantees on the timeline.

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Excerpts from Ottawa County’s Response

These images show parts of Ottawa County’s response to the lawsuit.

Request for Relief

The Plaintiffs respectfully request that this Honorable Court:

a. Under MCL 333.2441, the County Commission has a mandatory statutory duty to exercise oversight over the Health Department’s regulations;

b. Any orders promulgated by the Health Department under MCL 333.2451, MCL33.2453, MCL 333.2433, and MCL 333.2428(2) are “regulations” within the plain meaning of MCL 333.2441; and

c. Under the plain language of MCL 333.2441, the Health Department’s Reconciled Mask Mandate is a “regulation” subject to the County Commission’s approval or disapproval.

d. The Health Department’s Reconciled Mask Mandate is procedurally invalid and legally inoperative because it was never approved by the County Commission.

Plaintiffs also ask this Court to issue a writ of mandamus that orders the County Commission to fulfill its statutory duty and approve or disapprove of any Health Department school mask mandate.