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Appeals court dismisses challenge to dormant COVID rules

Student wearing mask
Student wearing mask

The question of whether school districts’ COVID-19 mask policies were legal won’t be settled right now. The Michigan Court of Appeals ruled that the issue no longer matters because the mask policies are no longer in effect

A group of parents sued three school districts in Berrien County over COVID mask policies. The mask policies were put into effect in 2021 and remained in effect even after the county health department rescinded its mask mandates.

In February of 2022, the Michigan Department of Health and Human Services changed its guidance on indoor masking as COVID conditions improved. The schools went along with that guidance and lifted their mask requirements.

The appeals court upheld a lower court decision -- ruling that the parents’ challenge is a moot question. The court ruled it’s a settled legal principal that without an active controversy, there is no case.

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