IN the UNITED STATES DISTRICT COURT for the DISTRICT of MARYLAND (Southern Division) JOHN and KIMBERLY BEAHN, Individually and A
Case 8:20-cv-02239-GJH Document 3-1 Filed 08/04/20 Page 1 of 47 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (Southern Division) JOHN AND KIMBERLY BEAHN, individually and as parents and next friends of P.B., M.B., AND B.B., MINORS, and on behalf of all others similarly situated, et al. Case No.: _______________ PLAINTIFFS, v. TRAVIS A. GAYLES, et al. DEFENDANTS. PLAINTIFFS’ MEMORANDUM IN SUPPORT OF TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTIVE RELIEF On Friday evening, after business hours, and without warning, the Montgomery County Health Officer abruptly announced that all private and religious schools in Montgomery County are “prohibited from physically re-opening for in-person instruction through October 1, 2020.” This blanket order, directed only at religious and private schools, purports to effectively prevent more than 23,000 Montgomery County students from returning to school in the coming weeks. The surprise order was stunning in its abruptness and timing. It was issued on the eve of school reopening, without notice to parents, students, or schools. Families had paid tuition and made firm enrollment decisions. Most schools had spent months researching, planning and installing expensive retrofitting of their schools, following CDC and State guidelines for reopening. Since the pandemic broke in March, neither State nor County government has found it necessary to issue any order directed at religious or private schools prior to this one. And the order was not in response to any COVID-19 outbreak. In fact, there has not been a single 1 Case 8:20-cv-02239-GJH Document 3-1 Filed 08/04/20 Page 2 of 47 reported COVID-19 cases in any Montgomery County religious or private school during the pandemic.
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