Six companies and organizations and one individual sued the Missoula City Health Council and Health Officer this week, Ellen Leahy, alleging that the Health Council violated their inalienable rights by adopting additional rules on December 17 to prevent spread of COVID-19.
The suit follows Governor Greg Gianforte on Friday to revoke most of COVID-19 directives by former Governor Steve Bullock, specifically those that limit opening hours and the number of people allowed in establishments such as bars and restaurants.
Gianforte’s order leaves companies to develop appropriate policies. However, local governments – counties, cities and reserves – can impose stricter practices. Some did, including Gallatin, Missoula and Lewis and Clark counties.
A statewide masking mandate remains in place, but Gianforte hinted that this would also be revoked, once the legislature approves corporate responsibility protections.
Lawyer Quentin Rhoades filed the suit on behalf of Stand Up Montana; Bronwen Llewellyn-Littlewolf; Crosspoint Community Church Inc .; Accu-Arms LLC; Bi-Lo Foods Inc .; Kingdon Enterprises LLC; and the Lolo Community Club.
On Thursday afternoon, the Missoula County Health Department said in a statement that it had not yet received the complaint.
“The health officer and the health council worked diligently in accordance with (the law) to enact fair and reasonable restrictions to protect Missoula County from the spread of COVID-19. Unfortunately, we lost 60 residents of Missoula County due to COVID-related deaths, which reflects the devastating impact of this virus on our community and the continuing need for public health measures designed to contain it, ”said the department statement.
“Nobody liked this aspect of the pandemic, including the health department, but it is the legal duty of the health officer and the health council to prevent the spread of communicable diseases, and it is a duty that we take seriously in the face of a deadly pandemic. “
As of Wednesday, Missoula County had 48 new cases, totaling 349 active cases. Montana has 4,841 active cases and 1,100 deaths since March 2020.
In action, the groups called Montana’s public health system “archaic”. They are opposed to having to use or impose the use of facial coverings, restrictions on business hours and collection sizes and “denial of human and family contact”.
The groups claim that their inalienable rights under the Montana Constitution have been violated, in addition to their rights to privacy, the free exercise of religion and freedom of expression.
They also accuse Leahy and the Health Council of encouraging people to report companies or individuals who do not comply with the order, saying that the Council is responsible for “turning neighbors against neighbors and dividing the community”.
Claiming that COVID-19 has a low mortality rate roughly equal to that of seasonal flu and that 99% of children under 70 survive, the groups claim that science does not support the restriction of individual freedom.
However, the groups say, the companies suffered irreparable damage. So, they want the judge to prevent the Department of Health from applying the county’s disease safeguards and for the county to pay all court costs.
Stand Up Montana is a new non-profit organization based in Bozeman, founded in November by Cortney Brook Bent, according to a document from the Secretary of State. The organization’s website says it was created “to support civil action against Governor Bullock and MT DPHHS to end all current COVID restrictions”.
The Stand Up Montana website also states: “What started as a small group on Facebook has quickly grown into a large group of more than 2,500 members across the state of Montana, but focused mainly on the Gallatin Valley. Join us in the fight against tyranny. Together, we are defending Montana as Gallatin Unmasked. “
However, the process indicates that Stand Up Montana has 400 members. The organization’s Facebook group, which started on October 19, is private, but claims to have 282 followers. Gallatin Unmasked has 417 followers.
The Crosspoint Community Church on Mullan Road has attracted attention since October 2018, when Pastor Bruce Speer posted campaign posters for candidates Matt Rosendale, Greg Gianforte, Brad Tschida and Adam Hertz on the church grounds. To maintain their status as a nonprofit organization, churches are required by the Internal Revenue Service to refrain from supporting political candidates or initiatives.
Speer cited a 2017 executive order from former President Trump limiting the actions the Treasury Department could take against religious organizations.
“We are a church that has taken a stand on what we believe to be a fundamental moral truth and that is pro-life,” Speer told KGVO radio in 2018. “We allow pro-life candidates to place garden signs on our property ads your campaign. “
In May 2020, Speer continued to challenge the IRS laws, hosting a forum for candidates for the U.S. House of Representatives. But in September, Speer reduced things slightly. The electoral boards this time had no candidate names, just saying “Vote only for pro-life candidates”.
Some members of the Crosspoint Community Church attended Missoula Black Lives Matter protests this summer, saying they were there to protect buildings and statues from vandalism.
“It is our understanding that Black Lives Matter is showing up here and they are notorious for creating a lot of anarchy and destruction,” Speer told Missoulian in July.
Kingdon Enterprises operates coffee kiosks in Missoula. The owner, Warren Kingdon, moved to Lolo in 2018 and started the company after retiring as a pharmacist in Costa Mesa, California.
The lawsuit states that Bronwen Llewellyn-Littlewolf resides in Missoula County. A web search shows a LinkedIn website that lists her home as Pocatello, Idaho, so she can also be a newcomer.
Contact reporter Laura Lundquist at [email protected].
