Good Steward Legal Represents Business In Fighting Montana Ban on Vaccine Mandates
On October 26, 2021, Good Steward Legal and co-counsel filed an amended complaint challenging, and an application to preliminarily enjoin, Montana House Bill 702 (“HB 702”). HB 702 broadly prohibits any form of discrimination based on a person’s vaccine status and generally bans vaccine mandates of any kind (e.g., COVID-19, smallpox, etc.). On October 19, 2021, Montana led the nation in COVID cases per 100k.
The amended complaint alleges several new constitutional claims against HB 702. Among other claims, the amended complaint asserts that HB 702 violates multiple aspects of the Montana Constitution’s inalienable rights provisions, contravenes State and private duties to maintain and improve a clean and healthful environment, denies certain businesses equal protection under the law, and is inconsistent with other constitutional requirements. The complaint seeks declaratory relief and the invalidation of HB 702 in its entirety. The pending application for a preliminary injunction seeks to immediately prevent the Montana Attorney General and other State officials from enforcing HB 702’s unconstitutional provisions.
This lawsuit is one of two pending actions challenging HB 702. Montana’s Attorney General recently filed a motion to dismiss the other action, which is pending before the U.S. District Court for the District of Montana.
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