{"id":"DUT-MT-019","kind":"duty","level":"court","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of Montana (Gustafson, J.)","authority":"Mont. Const. art. II, secs. 4, 10, 17; Mont. Code Ann. 20-3-324 (school trustees\u0027 powers); Jacobson v. Massachusetts, 197 U.S. 11 (1905)","instrument":"Stand Up Montana v. Missoula County Public Schools, 2023 MT 240, No. DA 23-0046 (Mont. Dec. 12, 2023)","title":"Opinion affirming summary judgment for the Missoula County school districts on the substantive due process challenge to their 2021-22 mask requirements","dateIssued":"2023-12-12","effective":"2023-12-12 (the mask policies reviewed were adopted in the summer of 2021 for the 2021-2022 school year)","end":"n/a","startDate":"2023-12-12","endDate":"","quarters":[],"types":["MASK","SCH","EMP"],"addressees":["employers (school districts as public employers); persons generally (students, staff, visitors)"],"clause":"The District Court also appropriately granted the School Districts\u0027 summary judgment motion... based on the uncontroverted facts that the School Districts, prior to adoption of the policies, considered information and recommendations of reputable public and private health care providers and agencies, including the CDC, which all recommended universal masking.","enforcement":"n/a (judicial decision)","functions":[],"notes":"Montana\u0027s highest court held that public employers\u0027 2021-22 requirements that \u0027everyone who entered the schools--students, staff, teachers, visitors, and volunteers--... wear a mask at all times\u0027 were lawful measures rationally related to \u0027slowing the spread of COVID-19\u0027, reviewed under Jacobson\u0027s deference to measures with \u0027a real and substantial relation to protection of public health and safety\u0027, and grounded in the recommendations of the CDC, the American Academy of Pediatrics, the Montana Medical Association and the State and county health agencies; the CDC\u0027s recommendation became the mandatory rule of the workplace through the employer\u0027s adoption of it, and the court sustained that adoption. Character as recorded: adjudication (guidance_incorporated layer).","sourceUrl":"https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=455019","snapshot":"","fileExists":true,"fileBytes":172836,"grade":"primary","character":"adjudication","description":"","collection":"DUT-MT","url":"/library/DUT-MT-019","exhibitUrl":"/exhibit/DUT-MT-019","citation":"Supreme Court of Montana (Gustafson, J.), Stand Up Montana v. Missoula County Public Schools, 2023 MT 240, No. DA 23-0046 (Mont. Dec. 12, 2023) (Ex. DUT-MT-019)","stateName":"Montana","related":["MT-088"]}