Lawsuit Seeking To Halt Vaccine Exemptions Re-Filed In Kanawha County

The American Civil Liberties Union of West Virginia and Mountain State Justice are asking the Kanawha County Circuit Court for a temporary restraining order on Gov. Patrick Morrisey’s school vaccine exemption order.

Morrisey issued an executive order to allow religious and philosophical exemptions to the state’s school vaccination requirements as one of his first actions in office. A bill to add exemptions to state code failed to pass the state legislature this year, but Morrisey has maintained his executive order is valid.

Eli Baumwell, ACLU WV executive director, said individuals can still qualify for exemptions under the West Virginia Equal Protection for Religion Act. He said their issue is with the governor unilaterally extending the act.

“It shouldn’t be a controversial statement to say that the governor doesn’t get to override the legislature,” Baumwell said.

The emergency request for a temporary restraining order emphasizes the return of students to classrooms across the state without the protection of established vaccine requirements.

The lawsuit is brought on behalf of two West Virginia parents whose children face heightened risks: Dr. Joshua Hess in Cabell County and Marisa Jackson in Kanawha County. A previous lawsuit from the same group was dismissed on technical grounds in July.

“Typically, you are required to give the state 30 days notice before you file suit against them,” Baumwell said. “There are some exceptions to that, and we thought we were operating within one of those exceptions, the court disagreed.”