OTTAWA COUNTY, Mich. — The Ottawa County Department of Public Health (OCDPH) says it has issued a final cease-and-desist order to Libertas Christian School in Hudsonville, where the department says there is an ongoing outbreak of COVID-19 and state-mandated safety protocols are allegedly not being followed. An attorney for the school says it has no current cases. However, he said it did have two staff cases, that have quarantined and been cleared by their doctors.
According to a press release from OCDPH, the cease-and-desist order was issued Thursday, Oct. 22 to Libertas Christian School.
The health department said it made numerous attempts over the last several weeks to partner with the school and contain the spread of the virus. The attorney for the school, Ian Northon, said they have been been communicating.
Northon said Libertas sued the county and the state on Oct. 18, "following threats of closure and imprisonment by Health Department officials."
OCDPH said Friday it was legally obligated to take action due to the school's "willful failure to provide information about the people who may have been exposed to COVID-19."
The school is allegedly not requiring students and staff to adhere to the health and safety mandates issued by the Michigan Department of Health and Human Services, including quarantining.
"It is my responsibility-- in my capacity as a public health official -- to help people in our community remain as safe as possible during a pandemic using the best information we currently have available about our common opponent the novel coronavirus,” said OCDPH Deputy Health Administrator Marcia Mansaray in the press release Friday.
OCDPH Administrative Health Officer Lisa Stefanovsky said the health department is working with all schools and business to provide accurate COVID-19 information and slow the spread of the virus.
“In addition to our diligent disease investigation process, we had numerous fearful individuals reach out to us concerned about health and safety in an environment that was not working to protect them," Stefanovsky continued. "We hear those voices and take seriously our duty to protect our community."
The OCDPH said it is not able to provide any further details, at this time, due to pending litigations.
Ian Northon of Rhoades McKee, who is providing lead counsel for the school, said the department closed the school in "retaliation of Libertas filing its civil liberties lawsuit."
“The County has shut down the religious activities of more than 250 healthy people without basis in fact or law. The County is not following the CDC or the state’s own guidance in the face of detailed medical records—the very definition of arbitrary and capricious behavior," read a statement from Northon, “We look forwarding to vindicating Libertas in court and setting its parents and students free from further religious animus or harassment by County and state officials.”
Northon said he expected a hearing on the legal issue on Wednesday, and it was "shocking" to see the signs posted on the door of the school late Thursday night. He claims a federal judge said counsel for the County provided reasonable assurances that it would not enforce the cease-and-desist letter if Libertas filed the lawsuit. He has since filed an emergency motion Friday, following the final cease-and-desist notice, and closing of the school.
Northon claims the County told the him an anonymous source tipped them off that the school was singing in chapel without masks.
"You know, look, admittedly so, they are having chapel without masks on because under their religious tenants, under their sincerely-held religious beliefs, they want to sing and praise the Lord and not be fettered when they do it. Now, do I necessarily agree with those things? I have a different religious views. But that's not for me to decide. It's not for the county to decide, right? That the law draws a line at the way to practice your faith."
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