STATE OF MICHIGAN

COUNTY OF OTTAWA
OTTAWA COUNTY HEALTH DEPARTMENT

ORDER FINDING IMMINENT DANGER

TO THE PUBLIC HEALTH
AND

REQUIRING CONDITIONAL MASK-WEARING, SCHOOL DISCLOSURE AND

LANDLORD COMPLIANCE WITH MCL §333.2455

November 30, 2020

This Order is made pursuant to Section 2251 et seq. of the Michigan Public Health Code,
including MCL §333.2253, MCL §333.2433, MCL §333.2453 and MCL §333.2455.

The State of Michigan and Ottawa County are both under states of emergency due to the COVID-19
Pandemic. COVID-19 poses an imminent danger to public health. The Public Health Officer of the Ottawa
County Department of Public Health (OCDPH) has made the following determinations and issues this
order pursuant to the Michigan Public Health Code, including MCL §333.2235 and §333.2251.

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and is easily spread from
person to person. There is currently no approved vaccine for this disease. COVID-19 spreads through
close human contact, even from individuals who may be asymptomatic.

The Department may inspect, investigate, or authorize an inspection or investigation to be made of any
matter, thing, premises, place, person, record, vehicle, incident, or event, and may apply for an
inspection or investigation warrant. (MCL §333.2241; R. 325.174).

The local health officer may institute appropriate isolation or other barrier precautions for a case or a
suspected case of disease, infection, or other condition as necessary to protect the public’s health. (R.
325.175(1)). Individuals testing positive for COVID-19 infections must isolate at the onset of symptoms
for a period of at least 10 days and must show improvement in their symptoms and be fever-free for at
least 24 hours.

Close contacts are defined as individuals who are within 6 feet of an infected person for a cumulative
total of 15 minutes or more over a 24-hour period starting from 2 days before illness onset (or, for
asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated
(this is used as an operational definition and other factors may be considered by public health in an
investigation). Close contacts are required to quarantine for period of 14 days from their last exposure
to a COVID-19 positive individual.

According to Michigan’s Communicable Disease rules, primary schools, secondary schools, preschools,
camps, or child daycares shall report to the local health department within 24 hours of suspecting any of
the serious communicable diseases, including COVID-19, among those in attendance of any disease,

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infection, or condition. Notification to the local health department should include symptoms, number of
ill students and staff, affected facilities, and closings due to illness. [R. 325.173(9)(a)-(b)].

Michigan’s Communicable Disease rules also require schools to cooperate with exclusion from school for
those who have been infected, or exposed and may become infected, risking further spread of disease in
the school and in the larger community.

The Michigan Public Health Code and administrative rules give the local and state health departments
the authority and responsibility to investigate cases of disease and suspect transmission. An investigator
who presents official identification of a local health department or the Michigan Department of Health
and Human Services (MDHHS) shall be provided with medical and epidemiologic information pertaining
to any of the following persons on request:  Individuals who have any condition required to be
reported or other condition of public health significance  Individuals, whether ill or well, who are part
of a group in which an unusual occurrence, outbreak, or epidemic has occurred  Individuals who are
not known to have a condition, but whose medical or epidemiological information is needed for
investigation into the cause of a condition of public health importance  Individuals potentially exposed
to a designated condition. R. 325.174(2)(a)-(f).

Determinations:

1. Because of communications between OCDPH and Libertas in September and repeated reports of
noncompliance, on Tuesday, October 6, 2020, OCDPH issued its first Cease and Desist order to
Libertas requiring it to adhere to the State of Michigan’s mask mandates for children attending in-
person learning, the most recent of which was at the time, the October 5, 2020 Emergency Health
Order of MDHHS Director Robert Gordon under MCL §333.2253.

2. Libertas did not comply with OCDPH’s October 6 th Cease and Desist Order and in violation continued
to operate in-person learning without masking.

3. On Monday, October 19, 2020, after learning of a COVID-19 case involving a Libertas teacher,
OCDPH issued an order to Libertas requiring:

 The disclosure of the names and contact information for students, teachers, staff and volunteers
that meet the definition provided above of a “close contact” for “Teacher #1”, a known COVID-
19 case at Libertas, including the class list for her classroom and a listing of any in-person school
assemblies or school events held on October 8, 2020 that the case attended. The case named
above is in isolation until released in writing by the health department (“release of isolation
notice”). The case may not attend school or any school functions until that time.
 The entire second grade is in quarantine until Friday, October 23, 2020 and may not attend
school or any school functions, indoor or outdoor, until that time.
 The four children of the case who are believed to attend Libertas school are in quarantine until
the last date of exposure to a positive case, or no sooner than Tuesday, November 3, 2020, and
may not attend school or any school functions, indoor or outdoor, until that time.
 Please verify in writing compliance or noncompliance with all four steps above by 5:00 pm on
Tuesday, October 20, 2020 through a communication sent by the School or its legal counsel to
Ottawa County Corporation Counsel.

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4. Libertas did not provide any of the information required in the October 19, 2020 Order nor did it
quarantine its students or staff, and is, therefore in violation of this Order.

5. On October 21, 2020, OCDPH learned from an anonymous source that a second teacher, “Teacher
#2,” who is apparently a teacher in the middle or high school at Libertas—had tested positive for
COVID-19. OCDPH’s records reveal that Teacher #2 tested positive on October 14, 2020—the same
date as Teacher #1—but refused to provide contacts or the name of his employer but did assert that
he had advised his employer of the infection.

6. In violation of the provisions of R. 325.173(9)(a)-(b), Libertas has failed to report to OCPHD the
infections of either Teacher #1 or Teacher #2 to OCDPH;

7. In violation of R. 325.174(2)(a)-(f), Libertas has failed to identify students in the appropriate classes
or grades for contact tracing.

8. In violation of R 325.174(2)(a)-(f), Libertas has failed to identify close contacts among staff for
contact tracing.

9. Two known cases at Libertas school occurring within the specified timeframe meets the CDC
definition of an outbreak. Since Libertas has refused to comply with preventative measures such as
prohibiting gathering, social distancing and consistently requiring face coverings to be worn, in
combination with a known outbreak, OCDPH has valid epidemiological concern that more school
associated cases exist increasing the risk of additional disease spread at the school and in the
community.

10. On October 21, 2020, OCDPH issued its third Cease and Desist Order under MCL §333.2453 requiring
Libertas to immediately report student and staff names for contact tracing and targeted quarantines
or, at Libertas’ option, suspend in-person learning effective Thursday, October 22, 2020 at 12:01
p.m.

11. Libertas chose not to comply with R. 325.174(2)(a)-(f) and, instead, to suspend in-person learning.

12. In light of Libertas’ noncompliance with the Cease and Desist Orders, on October 22, 2020 a Closure
Notice was posted on Libertas’ school building consistent with the October 21, 2020 Cease and
Desist Order.

13. The United States District Court for the Western District of Michigan has held an extended
evidentiary hearing on Libertas’ motion for a preliminary injunction on October 29-November 1,
2020, at which time OCDPH clarified on the record that Libertas may return to in-person learning
effective Friday, November 6, 2020 under certain conditions.

14. The United States District Court for the Western District of Michigan denied Libertas’ motion for an
injunction against OCDPH’s orders and Libertas has failed to convince the 6 th Circuit Court of Appeals
that an immediate injunction is necessary.

15. In the meantime, Ottawa County’s positivity rate for COVID-19 has jumped to 14.8% and it is getting
about 240 new cases daily, meaning the County is in a surge.

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16. Libertas resumed in-person teaching but admitted that about 50% of its students are not wearing
masks and sent a letter to its families that it will allow parents and not the State Department of
Health and Human Services to determine the issue.

17. Beaverdam Christian Reformed Church (“Beaverdam”) owns the Libertas school building and is
leasing it to Libertas. Beaverdam owes a responsibility under MCL §333.2455 to ensure that its
building is not used in a way that violates the law and facilitates the spread of disease;

18. OCDPH issued its Fourth Cease and Desist Order on November 12, 2020 to clarify the conditions
under which Libertas may continue in-person learning;

19. After another teacher came down with COVID-19 after teaching on November 9-November 11,
2020, Libertas voluntarily closed;

20. On November 18, 2020, the Director of the State Department of Health and Human Services
(“Director”) issued an updated COVID-19 Epidemic Emergency Order under MCL §333.2253,
prohibiting schools operating in-person for classes in grades 9 through 12, prohibiting gathering in
any grade for sports and extra-curricular activities requiring cloth face mask coverings for all
students and staff otherwise gathered in classes K through 8;

21. Because of Libertas’ pattern of noncompliance, including its wholesale refusal to enforce previous
mask mandates, the purpose of this November 30, 2020 Cease and Desist order is to define the
terms by which Libertas may open for classes K through 8;

These determinations demonstrate an imminent public health threat to the citizens of Ottawa County
therefore, I hereby order that the following actions be taken immediately:

A. Beaverdam must communicate in writing with Libertas that Libertas must follow its
reporting and face masking obligations under the Public Health Code as a condition of remaining in the
facility so that Beaverdam fulfills its responsibility under MCL §333.2455;

B. Within twenty-four hours of knowledge of a confirmed or a suspected case among its

staff or students, Libertas must comply with R. 325.174(2)(a)-(f) by reporting to OCDPH the names of
students or staff who are suspected of being positive as well as all students or staff with which that
person may have come into close contact;

C. Libertas must enforce face mask requirements and social distancing to the greatest
extent possible among staff and students within its school facility during in-person learning with the sole
exception of Chapel services, where such face masks are only strongly encouraged;

D. Under the circumstances, enforcement shall require the following:

(1.) Libertas must immediately modify its school opening plan to note that it will
enforce the face mask order of MDHHS Director Gordon while it is challenging it in
court;

(2.) Libertas must immediately notify all parents that it is now enforcing the face mask
order and all students must honor the face mask order of Director Gordon, with the

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 exception of Chapel and during lunch or snack or if they have a written medical mask
waiver from a physician;

(3.) Libertas must post notices on its doors that face masks are required for entry, and
for the next three weeks, it must station a staff member at the entrance during school
entrance hour to advise parents that face masks are required and hand out face masks
to students who do not have one with them; and

(4.) Libertas must advise students who take the face mask off that the face masks are
required over the nose and mouth;

F. Libertas must demonstrate its efforts to achieve compliance with D and all of its
subparts by 5:00 p.m. on Friday, December 4, 2020 and if it does not, Libertas shall close to in-person
learning, effective immediately;

G. If Libertas does not make the required showing, OCDPH and the Sheriff’s Department
will implement this Order by posting a “Closure Notice” on the school facilities;

H. Any parent who directs its child to enter the facility for in-person learning in violation of
the order will be subject to a $250 fine per day, and Libertas will be subject to a $1,000 fine for every
day it opens in violation of this Order;

I If Libertas does demonstrate its efforts to comply with D, it may remain open and must
allow OCDPH employees entrance to spot check on Libertas’ ongoing compliance with D and its
subparts;

J. This Order replaces all previous Cease and Desist Orders directed to Libertas and is
effective until December 21, 2020;

K. This Order shall not be interpreted to prohibit virtual learning, and anyone may access
the Libertas facility to pick up materials or equipment necessary for virtual learning;

L. If the Director issues an updated Epidemic Order that permits classes 9 through 12 to
gather effective before the date of this Order’s expiration, Libertas may hold such gatherings subject to
Paragraph D; and

M. Because of its and its parents’ past and present resistance to the mask mandate,
Libertas must require a certification signed by a licensed medical doctor that a named student or staff
member cannot medically tolerate a mask before that student or staff may be admitted to the Libertas
facility.

Failure to adhere to this Order may lead to misdemeanor charges, fines or judicial enforcement.

_________________________________
Lisa Stefanovsky Date: 11/30/2020
Administrative Health Officer

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Ottawa County Department of Public Health