Jeffco public health director spars with Christian school attorneys in court over mask mandate

Attorneys for 3 tiny Christian schools faced disconnected with Jefferson County Public Health’s enforcement manager Tuesday during a daylong proceeding successful which the region wellness section sought to unit the schools to travel its COVID-19 disguise mandate for students.

The wellness section sought a judge’s bid past week aft the bureau recovered that 3 schools were not decently enforcing disguise mandates successful their classrooms, according to tribunal filings. The schools objected, saying some that they were pursuing the county’s guidance — which they argued was issued late, lacked ineligible authorization and changed implicit clip — and that the county’s nationalist wellness bid was unconstitutional, among different arguments.

Jefferson County Public Health enforcement manager Dawn Comstock was the lone witnesser to instrumentality the basal Tuesday; the proceeding did not decorativeness and volition proceed Wednesday.

Comstock testified extensively astir rising rates of COVID-19 infections successful the region and peculiarly among school-aged children, who are not capable to beryllium vaccinated if they’re nether 12 and person seen important rates of corruption since schools returned this fall.

“For the archetypal time, some the 6 to 11 property radical and the 12 to 17 property radical person higher incidence rates than adults,” she said. “This is the archetypal clip that has been seen successful the authorities of Colorado during the full pandemic.”

School supporters packed the courtroom Tuesday; immoderate observers successful the greeting sat shoulder-to-shoulder connected the level and stood successful the backmost of the room. Comstock astatine 1 constituent interrupted her grounds to inquire that observers beryllium reminded to deterioration their masks correctly.

“Your honor, I recognize this is irregular but I americium acrophobic we person a precise packed courtroom with a fig of radical not wearing their masks correctly–” she said, earlier the audience’s derisive laughter drowned her out.

District Court Judge Randall Arp told everyone successful the courtroom to deterioration their masks implicit their noses and mouths and said those who did not would beryllium removed. Deputies did region 1 idiosyncratic from an overflow country who refused to deterioration a mask.

The schoolhouse attorneys who cross-examined Comstock connected Tuesday focused connected arguments the schools had laid retired successful tribunal filings. Faith Christian Academy argued that it does enforce a disguise mandate successful its school, but that astatine the clip wellness inspectors visited determination were “some lapses successful enforcement arsenic everyone was trying to recognize the scope of the nationalist wellness bid portion besides juggling each of the different responsibilities of starting the schoolhouse year.”

Beth Eden Baptist School said successful a filing that the schoolhouse had decided past week — hours earlier the suit was filed — that it would comply with the mandate and let unimpeded entree for inspectors.

“By the clip this lawsuit was filed, our lawsuit was wholly successful compliance,” lawyer Shaun Pearman said astir Beth Eden during Tuesday’s hearing. The wellness department’s attorney, Craig May, disagreed with that characterization.

Augustine Classical Academy besides said it was successful compliance with the region disguise mandate, pointing retired that the archetypal disguise bid was changed successful precocious August and that the schoolhouse adjusted its archetypal effect aft that change.

“We are funny astir wherefore JCPH targeted tiny spiritual schools successful what appears to beryllium an effort to intimidate, if not harass, our schools for being non-compliant with the nationalist wellness bid erstwhile each 3 schools person either intelligibly indicated their voluntary compliance and/or been investigated and recovered to beryllium successful compliance by JCPH inspectors,” Justin Riley, interim enforcement manager of Augustine Classical Academy, said successful a connection Tuesday.

The schools besides raised objections connected law grounds, arguing that the disguise mandates and the investigating requirements for unvaccinated students and unit interruption the Fourth and Fifth Amendments, successful portion due to the fact that the wellness section wanted the schools to let entree to wellness inspectors without anterior notice.

“Plaintiff asks this tribunal to springiness Plaintiff the unprecedented powerfulness to behaviour generalized and random warrantless searches to enforce a directive for which violations are punishable criminally,” a filing from Augustine Classical Academy reads. “The Fourth Amendment prohibits specified expansive power.”