Michigan Court of Claims dismisses challenge to statewide mask mandate

(The Center Square) – A Michigan Court of Claims judge on Monday rejected a challenge to the statewide mask mandate.

Judge Christopher Murray dismissed a complaint from Grand Haven-based Semlow Peak Performance Chiropractic, which sought relief from the state health department’s epidemic order requiring masks be worn indoors.

When the mask mandate was first implemented on Oct. 5, Semlow allegedly didn’t enforce it inside the medical office.

Ottawa County Health Department on Oct. 6 issued a cease-and-desist order to Kirk Semlow’s business, threatening a misdemeanor charge and sanctions to his business through the Michigan Licensing and Regulatory Affairs if he didn’t comply with the order.

The lawsuit argued the 1978 law, which granted authority to Michigan Health and Human Services Director Robert Gordon to “prohibit the gathering of people for any purpose” and “establish procedures … to insure continuation of essential public health services,” doesn’t grant authority to require masks at private businesses.

The court, however, determined the law authorized Gordon to “establish procedure” during a pandemic “to insure continuation of essential public health services and enforcement of health laws,” which the state argued was broad enough to encapsulate a mask mandate.

[T]he record squarely shows … that protection of hospital resources during the epidemic has been a top priority,” Murray wrote, deciding the law authorized a mask mandate since it allowed hospitals to minimize deaths if bed and ventilator demand were to outpace supply.

“The mask mandate is a procedure that can be used to help reduce the spread of the coronavirus, and thus, it is one that can be implemented under the statute to help ‘insure continuation of essential public health services,'” Murray wrote.

Murray dismissed the case with prejudice, meaning it’s his final decision, and the plaintiff can’t bring another case on the same legal grounds.

Two private schools also have filed lawsuits challenging the mask mandate claiming religious liberty exemptions.

Disclaimer: This content is distributed by The Center Square