In Resurrection School v. Hertel, (WD MI, Nov. 3, 2021), a Michigan federal district court refused to issue a preliminary injunction against a county health department COVID order requiring (with certain exceptions) all persons in indoor educational settings to wear face coverings. Parents of Catholic school students argued that the order violates their free exercise rights because masks in school inhibit their children's Catholic education. The court said in part:
[Plaintiffs] argue that ... they are likely to succeed on the merits ... because (1) the emergency order targets Catholic and private schools, (2) the emergency order does not pass strict scrutiny ... and (3) the emergency order is not generally applicable because it only applies to schools and not all public spaces. The Court does not find any of these arguments to be persuasive and instead finds that Plaintiffs are not likely to succeed on the merits.
