Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 03-28-2023
Case Style:
Case Number: 2023 OK 26
Judge: Don Andrews
Court: District Court, Oklahoma County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: F. Andrew Fugitt and Justin C. Cliburn
Description: Oklahoma City, Oklahoma family law lawyers represented Plaintiffs who sued Defendants seeking a declaratory judgment and injunctive relief on behalf of their children who were quarantined after being exposed to someone infected with COVID-19.
Outcome: The trial court denied relief on all three counts pleaded in the Petition, but granted a Temporary Injunction based on Parents' Equal Protection Clause argument and enjoined District from implementing or enforcing the Policy.
¶22 District adopted a quarantine policy in response to a dramatic spike in positive COVID-19 cases. The Policy effectively prohibited students from attending school in-person based upon their COVID-19 vaccination status, in violation of 70 O.S.Supp.2021, § 1210.189(A)(1). Thus, the trial court improperly interpreted § 1210.189(A)(1) and erred by determining Parents would likely be successful on the merits of their Equal Protection Clause claim.
¶23 With the passage of 70 O.S.Supp.2021, § 1210.189(A)(1), the Legislature divested school districts from establishing policies that condition a student's school attendance on their COVID-19 vaccination status. We find District's policy violates § 1210.189(A)(1). The trial court's order is vacated and declaratory judgment is granted in favor of Parents.
MATTER PREVIOUSLY RETAINED FOR DISPOSITION;
ORDER OF THE DISTRICT COURT VACATED;
DECLARATORY JUDGMENT GRANTED.
Plaintiff's Experts:
Defendant's Experts:
Comments: