Latest news with #SenateBill460
Yahoo
5 days ago
- Health
- Yahoo
Judge dismisses ACLU's lawsuit against West Virginia over Morrisey's vaccine executive order
Aubrey Sparks, legal director for ACLU-WV, argues in support of their lawsuit against the state Wednesday in front of Kanawha County Circuit Judge Kenneth Ballard. The judge dismissed the lawsuit on procedural grounds. (Lori Kersey | West Virginia Watch) A Kanawha County judge has dismissed a legal action filed against the state Department of Health over its compliance with Gov. Patrick Morrisey's executive order requiring it to issue religious exemptions to the state's school-required vaccinations. Circuit Judge Kenneth Ballard dismissed the suit — filed by plaintiffs represented by the American Civil Liberties Union of West Virginia and Mountain State Justice — on procedural grounds without addressing the merits of the case. He agreed with an attorney representing the state that the ACLU had failed to meet a requirement that it notify the state 30 days in advance of filing the lawsuit. 'I think I'm jurisdictionally barred,' Ballard said from the bench Wednesday. 'I think that the petitioners here failed to satisfy the requirements of West Virginia Code 55-17-3 which requires either a …30-day notice or a pleading of injunctive relief.' The judge said the ACLU's complaint and arguments sought a writ of mandamus with little discussion of a request for injunctive relief. 'I don't think you appropriately sought this injunctive relief, I think you only interjected it at the end in an effort to get around this rule,' Ballard said. The ACLU and Mountain State Justice filed the lawsuit May 23 against the state Department of Health on behalf of Marisa Jackson, of Kanawha County, and Dr. Joshua Hess, of Cabell County. Jackson and Hess are both parents of immunocompromised students. Hess is also a pediatric hematologist and oncologist practicing at Marshall Health's Cabell Huntington Hospital. The petition asked the court to compel the state's Department of Health and Bureau for Public Health to stop complying with the executive order requiring the state to allow religious exemptions for vaccine requirements. The state is one of only five in the country that has not allowed religious or philosophical exemptions to school required vaccines. Despite Morrisey's executive order, the state Legislature earlier this year voted down Senate Bill 460, which would have established those religious exemptions in state law. The state Board of Education voted recently to direct county boards of education not to allow religious exemptions. In a separate legal action, a Raleigh County parent whose child was issued a religious exemption by the Department of Health is suing the state and county school boards for not accepting the exemption. A hearing is scheduled for Thursday in the Raleigh County lawsuit. On behalf of the state, attorney Holly Wilson argued that the case can be dismissed for 'myriad reasons,' including that the plaintiffs did not offer pre-suit notice or meet a burden to show standing. 'But if this court decides that it wants to reach the merits or that it should reach the merits, petitioners lose,' she said. 'They can't show a clear legal right. They can't show a legal duty and certainly they can't show a legal duty that's non-discretionary.' The state and Morrisey argue that the state's vaccine laws taken together with a 2023 Equal Protection for Religion Act require the state to allow religious exemptions. Aubrey Sparks, legal director for the ACLU, argued that the ACLU was not required to give the state 30 days notice because of an exception in the law when parties are asking for injunctive relief. Ballard dismissed the case without prejudice, meaning that the ACLU could re-file the lawsuit. Sparks told reporters after the hearing Wednesday it's too soon to say whether the legal advocacy organization would do so. 'It's an open question about what our next steps are because I know that there's a lot of other lawsuits pending on this issue,' Sparks said. 'We want to understand what happens in those but we do feel fundamentally that what the state is doing here is unlawful. But then more concerningly, what the state has argued in this case is so profoundly unconstitutional that we all should be concerned. 'What they functionally came into this courtroom and said is that an act of the governor can just unilaterally swipe off the table any law that he thinks could burden someone's religious exercise, and that's just not supported and not permissible under our constitution.' In a post on the social media platform X Wednesday, Morrisey called the judge's ruling the 'first skirmish of a longer fight.' 'But the ultimate outcome — whether resolved via litigation or a change in statute — is not in doubt,' he said. 'West Virginia is a radical outlier when it comes to onerous vaccine mandates — one of only 5 states in the nation without a statutorily-based, religious exemption. We have an EO based upon our state's religious freedom law that is very strong and must be given meaning. Sadly the state school board is ignoring this important law — they are over reaching and need to be stopped!' SUPPORT: YOU MAKE OUR WORK POSSIBLE Solve the daily Crossword
Yahoo
13-06-2025
- Health
- Yahoo
Despite WV board of education move on vaccine executive order, ACLU lawsuit continues
A nurse gives an MMR vaccine at the Utah County Health Department on April 29, 2019, in Provo, Utah. (George Frey | Getty Images) A legal challenge of West Virginia Gov. Patrick Morrisey's executive order allowing religious exemptions to the state's school vaccine requirements will proceed, despite the state school board voting this week to defy the order. The American Civil Liberties Union of West Virginia and Mountain State Justice filed the writ of mandamus last month in Kanawha County Circuit Court on behalf of two parents of immunocompromised children. The lawsuit asks the court to compel the state's Department of Health and Bureau for Public Health to stop granting religious exemptions in compliance with Morrisey's executive order. 'The lawsuit is still ongoing,' Aubrey Sparks, legal director for ACLU-WV, said Friday. 'I think that there are a lot of questions about what [the board of education's decision] means practically, whether this fixes the issue, or whether it doesn't. At this point, it's just too early for us to know the consequences of the school board's actions, given that Patrick Morrisey is still committed to awarding these exemptions.' The state school board unanimously voted Wednesday that Superintendent Michele Blatt would issue guidance to county boards of education that schools should follow the state's existing vaccine mandates, which allow only medical exemptions, rather than the executive order. 'The intent of the state board is to do what's best for the 241,000 children, 23,000 educators and 15,000 service personnel in our 629 public schools,' the board wrote in a statement Thursday afternoon. 'This includes taking the important steps of protecting the school community from the real risk of exposure to litigation that could result from not following vaccination laws. 'The board is constitutionally bound to provide a thorough and efficient system of free schools, and our members remain committed to this charge,' they wrote. Sparks said the board's action introduces a lot of uncertainty both to families who want religious exemptions and families of immunocompromised children who might be at risk if exemptions are granted. West Virginia's school vaccine laws are some of the strongest in the country. It's one of five states that by law allow only medical exemptions for school-required vaccines. Gov. Patrick Morrisey issued an executive order in January requiring the state to allow religious exemptions. Despite the order, the Legislature this year rejected Senate Bill 460, which would have made the religious exemptions part of state law. Since Morrisey issued the executive order in January, the state Department of Health has granted at least 330 religious exemptions to the vaccine requirements. A spokeswoman for the school board said Friday that the exemptions that have already been granted will not be accepted for the upcoming new school year because, per the governor's instructions, the exemptions must be renewed yearly. Alisa Shepler, a school nurse in Wood County, said the state school board's move is a victory for school nurses and for West Virginia health care more generally. Immunizations protect more than only school children, they also protect immunocompromised people in the community, she said. Shepler, who is retiring Friday after more than 25 years on the job, said she's proud of the school board for going against the governor's order. 'I think that it's very telling that our state board of education, they kind of drew a line in the sand,' she said. 'And a lot of times, I think states don't have that backbone, but obviously our state board of education did.' In a statement Wednesday, a spokesman for the governor's office said that the state school board is 'trampling on the religious liberties of children, ignoring the state's religious freedom law, and trying to make the state an extreme outlier on vaccine policy when there isn't a valid public policy reason to do so.' The governor's executive order is based on the Equal Protection for Religion Act, a law signed by former Gov. Jim Justice in 2023 that prohibits government action that substantially burdens a person's exercise of religion unless it serves a compelling government interest and is the least restrictive means of achieving that interest. Sparks said the religious freedom law gives people a process by which to say their rights have been violated, but it does not give the governor the right to ignore, override a duty created by the legislature. 'What really is underlying this is an attempt at executive power over reach,' Sparks said. 'Patrick Morrisey wanted a law passed. He lobbied to get a law passed, and he wasn't successful at it. He didn't pull it across the finish line because the Legislature didn't agree with them. And it's not a governor's right or ability to ignore the laws that the Legislature passes just because they don't like them.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
13-06-2025
- Politics
- Yahoo
Lombardo notes education, housing advances in statement on Nevada Legislature
LAS VEGAS (KLAS) — Gov. Joe Lombardo emphasized progress on education and housing laws as he released a statement Friday on this year's legislative session. Lombardo, a Republican, also touched on decisions he made in vetoing a record 87 bills approved by the Democrat-controlled Nevada Legislature — just over 14% of everything that passed. He signed 518 bills into law. While contentious, this session had a smoother end than in 2023, when Lombardo called two special sessions immediately following adjournment. One session dealt with an unresolved budget that Republicans blocked, and the other passed the A's stadium deal. New Nevada traffic ticket laws to go into effect And despite this year's harsh criticism coming from progressive groups and advocates who cast many of his vetoes as betrayals, he thanked lawmakers for working in good faith toward 'a stronger, safer, and more affordable Nevada for all.' The Governor's Office said ceremonial bill signings are forthcoming for Senate Bill 460, the landmark bipartisan education reform package, and Assembly Bill 540, the Nevada Housing Access and Attainability Act. Lombardo's full statement appears below: I am proud of the meaningful progress we made this session – particularly in the areas of education and housing. Working together, we've taken important steps to expand educational opportunity, begin restoring accountability in our public schools, and make housing more attainable for working families across our said, I did not take lightly the decision to veto 87 bills. I do not enjoy using the veto pen, but as Governor, it is my responsibility to protect Nevadans from legislation that goes too far, expands government unnecessarily, or creates unintended consequences that hurt families, businesses, or our veto was carefully considered. My priority will always be to ensure that every law enacted serves the best interest of the people of Nevada – not special interests, and not bigger the legislators who worked in good faith throughout this session: thank you. I remain committed to working with you to build a stronger, safer, and more affordable Nevada for all. Nevada Gov. Joe Lombardo The Nevada Legislature convenes once every two years for a 120-day session. The 83rd session ended on June 2. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
28-05-2025
- Business
- Yahoo
It's the last week of the legislative session. Here are 4 things to watch.
Nevada Senate Majority Leader Nicole Cannizzaro watches as Governor Gov. Lombardo gave his state of the state address in January. (Photo: Richard Bednarski/Nevada Current) The Nevada State Constitution requires the Legislature pass the K-12 education budget bill before other budget bills. But that doesn't seem to stop lawmakers from bickering about education policy until the very end of each session. This year may prove no exception. Legislators must end the 120-day session — sine die, they call it — on Monday, June 2. In this final week, two major education bills backed by two major political players are still in play. Senate Majority Leader Nicole Cannizzaro, a Democrat from Las Vegas, is pushing Senate Bill 460. Republican Gov. Joe Lombardo is pushing Assembly Bill 584. Both bills span more than 100 pages and cover myriad components of the education system, including oversight of school districts, charter schools, and the quasi-voucher program known as Opportunity Scholarships. Both bills have received hearings — in Senate Education and Assembly Ways and Means, respectively — but no action has been taken. That status isn't surprising given the partisanship of education policy. Amendments can almost be assumed. Meanwhile, as of late Tuesday, the status of the state's K-12 education budget was also unknown. Senate Bill 500 was passed by legislators and has been delivered to the governor. Lombardo had previously threatened to veto the bill over concerns about charter school teacher pay. Assembly Speaker Steve Yeager's Assembly Bill 398, which attempts to address the concerns that prompted the veto threat, passed the full Assembly nearly unanimously last week. Democrat Natha Anderson cast the sole vote in opposition. One of the two bills proposing a massive expansion of the state's film tax credit program is administratively ready for a vote by the full Assembly, though whether the support is there is still unknown. Democratic Assemblymember Sandra Jauregui's Assembly Bill 238 was advanced out of the Assembly Ways and Means Committee over the weekend. Five of the 14 committee members opposed — Democrats Howard Watts, Natha Anderson and Selena Torres-Fossett, and Republicans Jill Dickman and Gregory Hafen. Several others disclosed that they would be voting to advance the bill but were reserving their right to oppose during the floor vote. Two days after that committee vote, The Nevada Independent reported that a study commissioned by the Nevada Governor's Office of Economic Development found that neither film tax credit expansion proposal is financially sustainable. AB 238 would provide $1.8 billion in tax breaks to the film industry over 15 years to support the build out and operation of a 31-acre film hub currently referred to as the Summerlin Production Studios Project. Sony Pictures, Warner Bros, and Howard Hughes Holdings are attached to the project. An economic analysis presented by a firm hired by the Sony Studios project developers acknowledged that the direct return on investment per tax credit is low — for every $1 in tax credits the state gives, the state would receive 20 cents in tax revenue. However, their analyses included much rosier projections about the indirect and induced impacts. Indirect financial impact includes things like the drycleaners and caterers used by productions, and induced impact includes things like the assumed household spending based on employee's labor income. Lombardo vetoed a record 75 bills during the 2023 session, including some bills that had received bipartisan support in the Legislature. How this year's session will compare remains to be seen. As of late Tuesday, the legislative website showed the governor as having vetoed only one bill: Assembly Bill 306. The bill would have expanded the number of ballot dropboxes in the state. In his veto message, Lombardo called the bill 'well intentioned' but said it fails 'to guarantee appropriate oversight of the proposed ballot boxes or the ballots cast.' He added that he believes election reforms should be considered 'as part of a larger effort to improve election security, integrity and allow Nevada to declare winners more quickly.' Nearly 200 bills are now listed as in the governor's office awaiting a signature or a veto. The governor has five days to sign or veto a bill, meaning some vetos may happen after the session ends. Assembly Speaker Steve Yeager over the weekend introduced Assembly Bill 597, which would allow nonpartisan voters to participate in either a Democratic or a Republican primary without having to register to that political party. To do so, the voter would have to request from their county clerk a mail ballot for one of the major political parties. Or they would have to vote in person. Nevada voters last year rejected a proposal to open the state's closed political primaries and create a ranked choice voting system instead. Question 3 was approved by voters in 2022 but defeated in 2024. It needed to pass on the ballot twice because it involved amending the state constitution. Both major political parties opposed that ballot measure. Several party leaders suggested their problem with that proposal was with the ranked choice component, not the open primary. A third of all registered voters in the state are nonpartisan — if they were a political party they would be the state's largest — and those wanting election reform have long argued those voters are being disenfranchised because they cannot participate in the partisan primaries. Yeager's emergency bill is a big policy discussion to have with only a week left, but the Legislature can move quickly when it wants.
Yahoo
23-05-2025
- Health
- Yahoo
ACLU, Mountain State Justice file lawsuit over Morrisey's vaccine mandate order
The American Civil Liberties Union of West Virginia and Mountain State Justice filed a writ of mandamus Friday in Kanawha County Circuit Court over an executive order by Gov. Patrick Morrisey that requires the state health officials to recognize religious and philosophical exemptions to the state's schools vaccine mandates. (Getty Images) Two legal advocacy organizations filed legal action Friday over an executive order by Gov. Patrick Morrisey that requires the state health officials to recognize religious and philosophical exemptions to the state's schools vaccine mandates — exemptions that are not a part of state law. The American Civil Liberties Union of West Virginia and Mountain State Justice filed the writ of mandamus Friday in Kanawha County Circuit Court on behalf of Marisa Jackson, of Kanawha County, and Dr. Joshua Hess, of Cabell County. Jackson and Hess are both parents of immunocompromised students. Hess is also a pediatric hematologist and oncologist practicing at Marshall Health's Cabell Huntington Hospital. The petition asks the court to compel the state's Department of Health and Bureau for Public Health to stop complying with the executive order. 'The question before this Court is simple: Can the West Virginia Governor, through Executive Order, override a clear and mandatory directive created by state statute and, in so doing, relieve state actors of nondiscretionary duties assigned to them through state code?' the petition says. 'To that, West Virginia Courts have a clear and decisive answer: No, he may not. For that reason, Petitioner files this action respectfully requesting this Court compel Respondents to engage in their nondiscretionary duties as it relates to granting and denying exemptions to the state's compulsory immunization statute.' The petition also names as respondents Justin Davis, interim commissioner of the Bureau for Public Health, and Dr. Arvin Singh, cabinet secretary of the West Virginia Department of Health. All states require that school students be vaccinated for certain infectious diseases like measles, chicken pox and polio. Until this year, West Virginia has been one of five states that allow only medical exemptions to those requirements. In January, Morrisey issued an executive order directing state health officials to allow religious exemptions to the state's school vaccine mandates. The executive order is based on the Equal Protection for Religion Act of 2023, which states that the government shall not 'substantially burden' someone's right to religious freedom unless doing so is essential to further a compelling governmental interest. The order also directed the state health officer to come up with legislation and rules to facilitate religious exemptions. Senate Bill 460, legislation that would have established religious exemptions in state law, did not become law during the 2025 regular session. The bill passed in the Senate, but was rejected by the House of Delegates. Despite the bill not passing, Morrisey has not rescinded the executive order. Schools in the state have had a fractured response to the order. Some private schools have said, despite the order, they will not recognize religious exemptions to the school vaccine laws. State Schools Superintendent Michele Blatt issued a memo May 2 to county superintendents recommending that students not be allowed to attend schools next year without the required vaccinations. Before the day was up, though, the memo was rescinded at Morrisey's request. 'Governors do not rule by decree,' ACLU-WV Legal Director Aubrey Sparks said in an ACLU news release. 'At the center of this lawsuit is who gets to make these decisions for our students. On this question, the state Constitution is clear that the authority lies with the Legislature, not the governor.' 'Parents should be able to know their child will be safe when they send them off to school,' Sarah Brown, executive director of Mountain State Justice, said in the release. 'We are seeing the devastating effects of loosening vaccine requirements across the country, and that's why the Legislature wisely declined to loosen the restrictions here in West Virginia. It's vital that their decision not be undermined by the executive branch.' The petition has been assigned to Kanawha Circuit Judge Kenneth Ballard. Emails to Morrisey's office and to the state Department of Health seeking comment were not immediately returned Friday afternoon. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
