DATE FILED: September 15, 2021 2:24 PM

DISTRICT COURT, JEFFERSON COUNTY, COLORADO

FILING ID: F17EBFE1A8843
CASE NUMBER: 2021CV31010
100 Jefferson County Parkway
Golden, CO 80401

Plaintiff:
COURT USE ONLY
JEFFERSON COUNTY PUBLIC HEALTH

v. Case No. 21CV_________

Defendant: Division:

BETH-EDEN CENTENARY BAPTIST CHURCH

D/B/A BETH EDEN BAPTIST SCHOOL;
HIGHLANDS CLASSICAL ACADEMY D/B/A
AUGUSTINE CLASSICAL ACADEMY; AND
FAITH BIBLE CHAPEL INTERNATIONAL D/B/A
FAITH CHRISTIAN ACADEMY

Attorneys for Plaintiff,

Jefferson County Public Health:
Name: Craig R. May (#32267)
Virginia M. Creighton (#27243)
Gabrielle L. Schneiderman (#55150)
Wheeler Trigg O’Donnell LLP
Address: 370 Seventeenth Street, Suite 4500
Denver, CO 80202-5647
Telephone No.: 303.244.1800
Facsimile No: 303.244.1879
Email: may@wtotrial.com
creighton@wtotrial.com
schneiderman@wtotrial.com

VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF

Plaintiff Jefferson County Public Health (“JCPH”) submits the following Complaint for
Injunctive Relief against the Defendants Beth-Eden Centenary Baptist Church d/b/a Beth Eden
Baptist School (“Beth Eden”); Highlands Classical Academy d/b/a Augustine Classical Academy
(“Augustine”); and Faith Bible Chapel International d/b/a Faith Christian Academy (“Faith
Christian”). In support of same, JCPH states as follows:
 1. This is an action seeking compliance with a JCPH order that requires all
individuals age 3 or older to wear a face covering when indoors in any school or childcare setting
in Jefferson County. 1 Mitigation measures such as wearing face coverings inside are best
practices recommended by the U.S. Centers for Disease Control, the Colorado Department of
Public Health and Environment, and the American Academy of Pediatrics. The practices not
only help protect students, staff, and families, but they also increase the likelihood that children
can continue to learn in person instead of remotely. Defendants are private schools in Jefferson
County that have indicated that they will not follow the mandatory mask requirement and have
also prevented JCPH inspectors from conducting unannounced visits to investigate compliance
with the order.

PARTIES, JURISDICTION, AND VENUE

2. JCPH is a political subdivision of the State of Colorado established as a county

public health agency pursuant to COLO. REV. STAT. § 25-1-506. JCPH has broad statutory
authority to investigate and control the causes of epidemic or communicable diseases and
conditions affecting public health, as well as to establish, maintain, and enforce isolation and
quarantine, and to exercise physical control over persons and property within its jurisdiction as
necessary for the protection of public health. COLO. REV. STAT. § 25-1-506 (3)(b)(V) and (VI).

3. Beth Eden is currently located in Jefferson County, Colorado, with its principal
office street address located at 12189 W. 64th Avenue, Arvada, Colorado 80004.

4. Augustine is currently located in Jefferson County, Colorado, with its principal

office street address located at 480 Kipling Street, Lakewood, CO 80226.

5. Faith Christian is currently located in Jefferson County, Colorado, with its

principal office street address located at 6210 Ward Road, Arvada, CO 80004

6. Accordingly, this Court has jurisdiction over each Defendant pursuant to COLO.
REV. STAT. § 25-1-506(3)(b)(VI).

7. The Court has jurisdiction over this action pursuant to COLO. REV. STAT. § 25-1-
514, which requires the county attorney to bring any civil action requested by a county public
health director to restrain or enjoin any action that is in violation of the public health laws and
the standards, orders, and rules of the state board of health or a county board of health.

1
Pursuant to COLO. REV. STAT. § 25-1-514, the County Attorney for Jefferson County is
authorized bring any civil action requested by a county public health director “to abate a
condition that exists in violation of, or to restrain or enjoin any action that is in violation of, or to
prosecute for the violation of or for the enforcement of, the public health laws and the standards,
orders, and rules of the state board or a county or district board of health.” The County Attorney
for Jefferson County has retained Wheeler Trigg O’Donnell LLP to bring this action on behalf of
Jefferson County Public Health.

2
 8. Venue is properly in Jefferson County because each Defendant is currently
located in Jefferson County. See C.R.C.P. 98(c)(1).

GENERAL ALLEGATIONS

The COVID-19 Pandemic

9. JCPH hereby incorporates all allegations contained above in paragraphs 1 through

8 as if fully set forth herein.

10. The SARS-CoV-2 virus (“COVID-19”) is a respiratory illness transmitted

primarily through inhalation or contact with small virus-containing particles exhaled by another
person. Persons infected with COVID-19 may become symptomatic anywhere from two to
fourteen days after exposure, which symptoms include fever, cough, shortness of breath, and
difficulty breathing. Individuals with serious chronic health conditions and older adults are most
vulnerable to becoming seriously ill with this disease, but the disease poses a serious threat to
persons of all ages and unvaccinated individuals of all ages are at high risk of infection.

11. COVID-19 was first detected in Wuhan, China in late 2019, and since spread to
countries all over the globe, including the United States, and has mutated into various different
variants.

12. Persons infected with COVID-19 may also be asymptomatic yet still able to
transmit the virus.

13. Between March 12, 2020 and September 12, 2021, there have been 55,639 known
cases of COVID-19 in Jefferson County, Colorado. During that time, 3,117 people have been
hospitalized and 902 have died of COVID-19 in Jefferson County. In 2020, COVID-19 was the
third leading primary cause of death in Jefferson County.

14. The Colorado Department of Public Health and Environment (“CDPHE”) first
detected the Delta variant of COVID-19 the week of April 18, 2021. As of July 25, 2021, the
Delta variant constituted 99.0% of all COVID-19 tests sampled for the variant in Colorado.2

15. The Centers for Disease Control and Prevention (“CDC”) reports that the Delta
variant is twice as contagious as previous variants and the greatest risk of transmission is among
unvaccinated individuals who are much more likely to contract and transmit the virus. 3 Some
data suggests that the Delta variant may cause more severe illness than previous strains of the

2
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Colorado COVID-19 Data,
available at, https://covid19.colorado.gov/data (last visited August 15, 2021).
3
CENTERS FOR DISEASE CONTROL AND PREVENTION, Delta Variant: What We Know About the
Science (August 6, 2021), available at https://www.cdc.gov/coronavirus/2019-
ncov/variants/delta-variant.html

3
virus in unvaccinated persons. Moreover, fully vaccinated people with Delta variant
breakthrough infections can spread the virus to others.

16. In August 2021 in Jefferson County, the rate of COVID-19 in unvaccinated

individuals over the age of 12 was 17 times higher compared to vaccinated individuals.

17. A COVID-19 vaccine has not yet been approved for children under the age of 12.

18. As observed with higher rates of transmission, the Delta variant appears to have a
greater impact on children ages 19 and under as compared to past strains of the virus, such as the
ancestral type and prior variants. The COVID-19 case counts among residents of Jefferson
County 0-19 years between August 18, 2020 and September 12, 2020 was 112, while the case
count for the same demographic from August 17, 2021 to September 12, 2021 was 734.

Age Range COVID-19 7-Day COVID-19 7-Day Percentage Increase

Case Rate September Case Rate September 2021 v. 2020
12, 2020 12, 2021
0-4 years 6.7 94.39 1300.0%
5-11 years 6.8 223.0 3200.0%
12-19 years 54.6 180.1 230.0%

4
 19. According to the CDC, COVID-19 continues to pose a serious risk, especially to
individuals who are not fully vaccinated, and certain viral mitigation measures remain necessary
to protect against COVID-19 cases, hospitalizations, and deaths.4

20. As of July 28, 2021, the 7-day new COVID-19 case rate in Jefferson County was
18.9/100,000 persons, but as of September 13, 2021, that rate had risen to 172.93/100,000
persons.5 Based on the September 13th 7-day case rate, the CDC continues to identify Jefferson
County as an area with high transmission.6

21. As of September 13, 2021, there were 634,888 known presumptive positive cases
of COVID-19 statewide in Colorado, and 55,639 known presumptive positive cases in Jefferson
County, as well as 7,585 deaths due to COVID-19 statewide and 902 deaths in Jefferson
County. 7

Prevailing Guidance Supporting JCPHO 21-002

22. On July 19, 2021, the American Academy of Pediatrics called for universal
masking among all individuals aged two and older within school settings in order to prioritize in-
person learning.8

4
CENTERS FOR DISEASE CONTROL AND PREVENTION, Interim Public Health Recommendations
for Fully Vaccinated People (July 28, 2021) available at, https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/fully-vaccinated-guidance.html
5
Includes confirmed and probable cases of COVID-19 in Jefferson County reported to public
health. Confirmed cases are people who have tested positive via PCR or other molecular testing.
Probable cases are people who had close contact with a confirmed case and have symptoms
consistent with COVID-19, have a death certificate listing COVID-19 as a cause of death and
have no laboratory test of have a positive antigen test. Population estimates used to calculate
rates are from the 2019 American Community Survey. Data accessed September 13, 2021.
6
CENTERS FOR DISEASE CONTROL AND PREVENTION, COVID Data Tracker, available at
https://covid.cdc.gov/covid-data-tracker/#county-view (last visited September 13, 2021).
7
Includes confirmed and probable cases of COVID-19 in Jefferson County reported to public
health. Confirmed cases are people who have tested positive via PCR or other molecular testing.
Probable cases are people who had close contact with a confirmed case and have symptoms
consistent with COVID-19, have a death certificate listing COVID-19 as a cause of death and
have no laboratory test of have a positive antigen test. Data accessed September 13, 2021.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Colorado COVID-19 Data,
available at https://covid19.colorado.gov/data (last visited September 13, 2021).
8
AMERICAN ACADEMY OF PEDIATRICS, American Academy of Pediatrics Updates
Recommendations for Opening Schools in Fall 2021 (July 19, 2021), available at,
https://services.aap.org/en/news-room/news-releases/aap/2021/american-academy-of-pediatrics-

5
 23. On July 28, 2021, the CDC updated its guidance and recommended that all
individuals, including those who are fully vaccinated, wear a face covering in all public indoor
settings in geographic areas where there is substantial or high transmission. 9

24. On August 5, 2021, the CDC updated its Guidance for COVID-19 Prevention in
K-12 Schools, noting specifically as its first three key takeaways: (1) students benefit from in-
person learning, and safely returning to in-person instruction in the fall of 2021 is a priority; (2)
vaccination is the leading public health prevention strategy to end the COVID-19 pandemic and
promoting vaccination can help schools safely return to in-person learning as well as
extracurricular activities and sports; and (3) due to the circulating and highly-contagious Delta
variant, the CDC recommends universal indoor masking for all students aged two and older,
staff, teachers, and visitors to K-12 schools regardless of vaccination status.10

25. On August 20, 2021, Children’s Hospital Colorado released a statement in which
it voiced its support for universal masking in Colorado schools and childcare settings. 11

26. On September 10, 2021, CDPHE updated its “Practical Guide for
Operationalizing CDC’s School Guidance. In its announcement, CDPHE noted that “Mitigation
measures to slow Covid-19 transmission help minimize disruption caused by disease
transmission and help students continue in-person learning” and recommended that “local public
health agencies and school districts implement mask requirements for all individuals entering K-
12 schools in Colorado including students, staff, teachers, and visitors to K-12 schools,
regardless of vaccination status or level of community transmission.”12

27. Roughly 28.6% of all confirmed Jefferson County outbreaks reported in the fall of
2020 were either in childcare or pre-K through grade 12 school settings, and there were
approximately 7,215 diagnosed infections during the Fall 2020 and Spring 2021 semesters in the
childcare/pre-K through grade 12 age group (ages 0 to 19).

updates-recommendations-for-opening-schools-in-fall-2021/
9
CENTERS FOR DISEASE CONTROL AND PREVENTION, Interim Public Health Recommendations
for Fully Vaccinated People (July 28, 2021) available at, https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/fully-vaccinated-guidance.html
10
CENTERS FOR DISEASE CONTROL AND PREVENTION, Guidance for COVID-19 Prevention in K-
12 Schools (August 5, 2021), available at, https://www.cdc.gov/coronavirus/2019-
ncov/community/schools-childcare/k-12-guidance.html
11
CHILDREN’S HOSPITAL COLORADO, Children’s Hospital Colorado Encourages Masking in
School Settings (August 20, 2021), available at,
https://www.childrenscolorado.org/about/news/2021/august-2021/masking-in-school-
encouraged/
12
CDPHE Updates and Clarifies School Guidance Regarding Masking, Ventilation, and
Quarantine (Sept. 10, 2021), available at https://covid19.colorado.gov/press-release/cdphe-
updates-and-clarifies-school-guidance-regarding-masking-ventilation-and

6
 28. The percentage of interviewed COVID-19 cases who reported being in a pre-K
through grade 12 school or a childcare setting increased during the 2020-2021 school year to a
maximum of 25.5%. Exposures within school settings included classrooms, extracurricular
activities, and spillover from students who engaged in private extracurricular activities and
attended school during their infectious period.

29. Prevention strategies including, in particular, universal masking have proven

effective at slowing the transmission of COVID-19 in school and childcare settings. 13 Multiple
studies indicate that wearing a face covering reduces new infections and that face coverings are
safe and do not raise CO2 levels or reduce O2 levels to levels of clinical importance. 14
Furthermore, face coverings may prevent disruptive quarantines in higher risk settings, including
schools.15 Additionally, masking has been demonstrated to reduce school-associated COVID-19

13
CENTERS FOR DISEASE CONTROL AND PREVENTION, Science Brief: Transmission of SARS-CoV-
2 in K-12 Schools and Early Care and Education Programs – Updated (July 9, 2021), available
at, https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/transmission_k_12_schools.html
14
CENTERS FOR DISEASE CONTROL AND PREVENTION, Science Brief: Community Use of Cloth
Masks to Control the Spread of SARS-CoV-2 (May 7, 2021), available at,
https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/masking-science-sars-
cov2.html
15
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Practical Guide for
Operationalizing CDC’s School Guidance (August 10, 2021), available at
https://covid19.colorado.gov/practical-guide-for-operationalizing-cdc-school-guidance

7
transmission from secondary transmission rates of 11-27% in schools without masking to 1-4%
in schools with universal masking policies. 16

30. While vaccines are very effective at reducing severe disease, hospitalization, and
death from COVID-19 and are the primary strategy to end the pandemic, approximately 74,090
children in Jefferson County are ineligible for vaccination because they are under the age of
12. As of September 12, 2021, there are approximately 19,076 children ages 12-19 who are
eligible for the vaccine but who remain unvaccinated. The population of children ages 12-19 in
Jefferson County is estimated to be 54,966.17 As of September 14, 2021, there are four confirmed
outbreaks of COVID-19 in K-12 educational settings.

JCPH’s Authority to Issue and Enforce Public Health Orders

31. JCPH has authority “to investigate and control the causes of epidemic or
communicable diseases and conditions affecting public health[.]” COLO. REV. STAT. § 25-1-
506(3)(b)(V).

32. JCPH is further authorized to “close schools and public places and to prohibit
gatherings of people when necessary to protect public health[.]” COLO. REV. STAT. § 25-1-
506(3)(b)(VII).

33. JCPH has additional authority to “investigate and abate nuisances when necessary
in order to eliminate sources of epidemic or communicable diseases and conditions affecting
public health[.]” COLO. REV. STAT. § 25-1-506(3)(b)(VIII).

34. The Executive Director of JCPH has the authority to administer and enforce the
public health laws of the state and statutorily authorized public health orders and rules. COLO.
REV. STAT. § 25-1-509(2)(a).

35. On August 16, 2021, JCPH issued Jefferson County Public Health Order 21-002
Requiring Face Coverings for all Individuals Ages 2+ and Regular Testing for Unvaccinated
Individuals in Pre-K Through Grade 12 School and Childcare Settings 18 (“JCPHO 21-002”),
attached as Exhibit 1, which requires all individuals aged 2 and older to wear face coverings
while indoors at pre-kindergarten through grade 12 school and childcare settings within Jefferson
County.

16
CHILDREN’S HOSPITAL COLORADO, School Health: Masking in Schools (July 30, 2021).
17
Includes COVID-19 vaccines administered to Jefferson County residents and reported to the
Colorado Immunization Information System. Data accessed on September 14, 2021.
18
As amended on August 28, 2021. JCPH 21-002 initially applied to persons aged 2 and older
but was amended to apply to those 3 and older. This amendment went into effect September 1,
2021.

8
 36. JCPHO 21-002 also requires unvaccinated faculty and staff in schools and
childcare settings and unvaccinated students and adults participating in school based
extracurricular activities to undergo regular testing for COVID-19. See Ex 1.

37. CDPHE is providing all K-12 Colorado schools with a free COVID-19 testing
program for the 2021-22 school year. The weekly rapid antigen testing will be available to all
students and staff, regardless of vaccination status or presence of symptoms. The program will
provide all necessary resources, including staff, for schools to implement the weekly screening
testing. 19

38. On August 28, 2021, JCPHO 21-002 was amended to require face coverings for
all individuals aged three and older as opposed to aged two and older. See Ex 2.

39. As part of its duty to investigate and control the spread of communicable diseases
like COVID-19, JCPH has the regulatory authority to conduct inspections of schools to
determine compliance with public health orders such as JCPHO 21-002. Specifically, the
following statutes and regulations support JCPH’s right to conduct school inspections:

a. C.R.S. § 25-1-506(3)(b)(V) grants JCPH the authority “[t]o investigate and

control the causes of epidemic or communicable diseases and conditions affecting
public health.”

b. 6 Colo. Code Regs. § 1009-1:5(H) grants JCPH the authority to “[enter] a public
or private entity, such as a business or school, for the purpose of conducting
investigations of those processes, conditions, structures, machines, apparatus,
devices, equipment, records, and materials within the place of employment which
are relevant, pertinent, and necessary to the investigation; such investigations
shall be conducted during regular working hours or at other reasonable times
and with such notice as is reasonable under the circumstances.” (emphasis added).

c. 6 Colo. Code Regs. § 1010-6:6.1.A.1. grants JCPH the authority “to enter and
inspect any school at any reasonable time to determine compliance with this
regulation or to investigate unhealthy conditions or complaints.” (emphasis
added).

Complaints that Beth Eden was not enforcing JCPHO 21-002

and Beth Eden’s Refusal to Allow Unscheduled Inspection

40. After JCPH received a complaint from a Beth Eden parent of the school’s non-
compliance with JCPHO 21-002, JCPH called and spoke with Beth Eden’s principal, Colin

19
See CDPHE, Free COVID-19 School Screeming Testing Program for Colorado Schools,
available at https://covid19.colorado.gov/free-testing-schools.

9
Landry, on August 24, 2021 to educate the school on JCPHO 21-002’s requirements and to seek
voluntary compliance.

41. During the August 24, 2021 phone call, Mr. Landry indicated that the school is
allowing parents to seek an exemption to mask-wearing without providing a basis for one and
that some parents had opted for such exemptions.

42. On August 26, 2021, Mr. Landry sent a letter to Beth Eden parents and guardians,
informing them that the school is “out of step with the government mandate,” explaining “why
[the school is] willing to not comply with the government mandate.” See Ex. 3, attached. The
letter also stated that members of Beth Eden could claim an exemption without providing a basis
for one and attached a waiver and release that purported to release Beth Eden from any legal
responsibility for infection. Id.

43. On August 30, 2021, JCPH received a second complaint from a Beth Eden parent
regarding Mr. Landry’s August 26, 2021 letter. Ex. 4, attached.

44. On August 31, 2021, JCPH inspectors conducted a compliance inspection of Beth
Eden and issued a First Notice of Violation (“NOV”) of JCPHO 21-002, citing three classes of
30-40 students without masks, three teachers without masks, and three administrators without
masks. See NOV, Ex. 5, attached.

45. On September 2, 2021, JCPH sent a letter to counsel for Beth Eden responding to
Beth Eden’s request to reschedule a follow-up inspection because counsel could not be present,
explaining JCPH’s authority and intention to conduct inspections without prior notice. Ex. 6,
attached.

46. On September 2, 2021, JCPH attempted to conduct a second inspection of Beth

Eden, but a school administrator stated that the school was closed and that, even if the school
was open, they would be denied entry because Beth Eden’s counsel was not present.

47. On September 7, 2021, JCPH advised Beth Eden that JCPH would send
inspectors during normal school hours but will not schedule inspections for a specific time. Ex.
7, attached.

48. Also on September 7, 2021, JCPH attempted to conduct an inspection for a third
time, but the school was again closed.

49. On September 9, 2021, at approximately 10:30 a.m., JCPH attempted to conduct

an inspection for a fourth time. JCPH called Beth Eden to advise the school that JCPH was on
the property to conduct a compliance inspection and asking for someone to meet them outside.

50. A Beth Eden administrator, Nikki Vawter, met JCPH outside at approximately
10:33 a.m. and stated that it would be awhile before counsel for Beth Eden could be present to

10
allow them to complete the compliance inspection. After JCPH inspectors were denied
immediate entry, they left.

Complaints that Augustine was not enforcing JCPHO 21-002

and Augustine’s Refusal to Allow Unscheduled Inspection

51. On or about August 18, 2021, JCPH was notified of concerns that the Augustine
Classical Academy (”Augustine”) was not following the JCPH Order 21-002.

52. In the days following the August 18 complaint, JCPH sent emails to Augustine
with educational information on the requirements of JCPH Order 21-002 and requesting
confirmation of compliance with the order.

53. On August 31, 2021 JCPH received a copy of an email sent out by the Augustine
Board of Directors. The email indicated that the Augustine Board was aware of JCPH Order 21-
002. Ex. 8. It stated, “Only parents, on behalf of a child, can decide whether an exception or
testing requirement applies to a child. Similarly, only [Augustine] employees and volunteers can
decide for themselves whether an exemption or testing requirement applies to them.”

54. On September 1, 2021, JCPH attempted to conduct a compliance inspection of

Augustine but was denied entry, with the explanation that the school requires scheduled
appointments.

55. On September 3, 2021, JCPH sent a letter to Augustine outlining JCPH’s

inspection authority. Ex. 9, attached.

56. On September 7, 2021, JCPH along with an inspector from the Colorado Office of
Early Childhood (“COEC”) attempted to conduct another compliance inspection of Augustine.
JCPH inspectors were told by an administrator, Justin, to wait outside. The COEC inspector did
not wait and entered the preschool.

57. The COEC inspector reported to JCPH inspectors that inside the preschool she
observed 10 children without masks and only two children wearing masks.

58. Approximately ten minutes after asking to conduct the inspection, a school
administrator allowed JCPH inspectors to enter the building. JCPH inspectors conducted their
investigation by looking through each classroom window in the entire school. There were
roughly 12 to 15 children in each classroom. Inspectors observed approximately 70 children
wearing masks and 15 children without masks. Most of the children not wearing masks were in
grades other than preschool; at the time of the JCPH inspection of the preschool, substantially
more than two preschoolers were wearing masks, and only about three did not have masks.

11
 Complaints that Faith Christian was not enforcing JCPHO 21-002
and Faith Christian’s Refusal to Allow Unscheduled Inspection

59. As of August 16, 2021, Faith Christian knew that JCPHO 21-00220 required its
students aged 2 and older to wear face coverings while indoors at pre-kindergarten through grade
12 school and childcare settings.

60. Despite the mandatory requirements, Faith Christian officials have refused to
comply with JCPHO 21-002.

61. Also on August 17, 2021, the superintendent for Faith Christian, Andrew Hasz,
sent an email communication to parents of students at Faith Christian stating his intent to not
abide by JCPH 21-002. See Ex 10, attached.

62. On August 21, 2021, the superintendent for Faith Christian, Andrew Hasz, sent an
additional communication to families stating that they will not be following the required
provisions of JCPHO 21-002 as they relate to face coverings. See Ex. 11, attached.

63. Due to the reported non-compliance with JCPHO 21-002, on August 24, 2021, a
JCPH representative communicated with Faith Christian to educate the school on JCPHO 21-
002’s requirements in an effort to seek voluntary compliance.

64. On August 26, 2021, JCPH conducted an on-site investigation and issued Faith
Christian a First Notice of Violation (“NOV”) of JCPHO 21-002, citing Faith Christian’s
violations of the face covering requirements and again requested voluntary compliance. See, Ex
12, attached.

65. On August 27, 2021, the superintendent for Faith Christian, Andrew Hasz, sent an
additional communication to families, again stating FCA’s intent to continue to violate JCPH 21-
002. See Ex 13, attached.

66. On August 30, 2021, JCPH conducted a second on-site investigation at Faith
Christian, during which JCPH was permitted only limited access to the school. At that time,
investigators observed one class of approximately seven students, half of which were not
wearing masks. The inspection team was not permitted to inspect the rest of the school.

67. On September 8, 2021, JCPH conducted a third on-site investigation, at which

time Faith Christian refused to allow JCPH to investigate the school to assess the school’s
compliance with JCPHO 21-002’s face covering requirements.

20
As amended on August 28, 2021 to include students aged 3 and older effective September 1,
2021.

12
 FIRST CLAIM FOR RELIEF: INJUNCTIVE RELIEF
PURSUANT TO COLO. REV. STAT. § 25-1-514 AND C.R.C.P. 65(a)

68. JCPH hereby incorporates all allegations contained in paragraphs 1 through 67 as

if fully set forth herein.

69. Upon the request of the JCPH Director, the County Attorney for Jefferson County
may bring a civil action to abate a condition that exists in violation of, or to restrain or enjoin any
action that that is in violation of, or to prosecute for the violation of or for the enforcement of,
the public health laws and the standards, orders, and rules. COLO. REV. STAT. § 25-1-514.

70. COLO. REV. STAT. § 25-1-514 and C.R.C.P. 65(a) authorize this Court to issue
temporary or final injunctions on such equitable terms as the Court deems reasonable to enforce
the terms of JCPHO 21-002.

71. JCPHO 21-002 provides, among other things, that “Except as specifically
exempted by Paragraphs 4 and 5 below, all individuals aged three (3) and older must wear a Face
Covering while indoors at any School or Childcare setting, including, for purposes of
extracurricular activities, regardless of the individual’s vaccination status.” (JCHPO 21-002 at
10.)

72. Defendants have violated, and/or indicated by their words and actions that they
will not be complying with, the face covering requirements in JCPHO 21-002.

73. JCPH is authorized by law to conduct inspections of Defendants, for purposes

including, inter alia, to help combat COVID-19, to investigate unhealthy conditions or
complaints, and to check compliance with JCPHO 21-002.

74. Defendants have refused or thwarted JCPH inspectors in their efforts to inspect
the schools for compliance with the JCPHO 21-002, especially the face covering requirements of
the Order.

75. JCPH seeks an order enjoining Defendants from violating the Face Covering
provisions of JCPHO 21-002, enjoining Defendants from preventing JCPH inspectors from
performing inspections during regular business hours, and ordering Defendants to abate the
condition under which they allow individuals to decide for themselves whether to wear a Face
Covering at school or otherwise do not enforce the Face Covering provisions of JCPHO 21-002.

76. JCPH meets the requirements for a Temporary Restraining Order and a
Preliminary Injunction. It has a reasonable probability of success on the merits, there is a real
danger of immediate and irreparable injury that the injunction may prevent, 21 there is no plain,

21
This factor is not required to be met for a suit such as this one on behalf of the public to
enforce a public health order. See, e.g., Larimer Co. Pub. Health v. Maniacs Gym, LLC, No.

13
speedy, and adequate remedy at law, the public interest and balance of equities favor an
injunction, and an injunction will preserve the status quo of compliance with the law.

77. Irreparable injury, loss, or damage will result to the students and staff at the
Defendant schools if the Defendants are not required to comply with JCPHO 21-002. COVID-
19 is highly contagious. JCPH received complaints that each of the Defendant schools was not
complying with JCPHO 21-002. Each Defendant’s decision to disregard the face covering
requirements of JCPHO 21-002 threatens the public health of those in Jefferson County.

78. Additionally, JCPH must be allowed to conduct unannounced inspections during

the normal school day to determine if each Defendant is in compliance with JCPHO 21-002.
Previously scheduled visits will merely allow Defendants to temporarily change their behavior to
avoid detection of ongoing violations.

79. The public interest will be served by entering the relief requested because
compliance with JCPHO 21-002 is necessary to prevent further spread of COVID-19 at each of
these schools in Jefferson County, Colorado. Not only will the spread of COVID-19 disserve the
public interest, but if the spread in schools is not controlled, JCPH may have no choice but to
close the schools to in-person learning.

80. As discussed above, JCPH has requested, but been denied by each Defendant, the
ability to conduct unscheduled inspections during normal school hours to verify whether each
Defendant is following PHO 21-002.

81. Additionally, JCPH’s only civil remedy to enforce compliance with JCPHO 21-
002 is to seek injunctive relief from the Court.

82. The balance of equities favors an injunction because JCPH’s protection of the
public health from the risks associated with COVID-19 outweigh any potential impact caused by
unscheduled inspections by JCPH to confirm compliance with JCPHO 21-002, which, inter alia,
requires face coverings in school settings in order to prevent further spread of this potentially
deadly virus.

83. An injunction would preserve the status quo by allowing JCPH to exercise its
statutory authority and carry out its goal of controlling and reducing further spread of COVID-19
in schools within Jefferson County.

PRAYER FOR RELIEF

WHEREFORE, JCPH requests the Court grant the following relief:

2020 CV 30235, 2020 WL 1943829 at *5 (Colo. Dist. Ct., Apr. 1, 2020) (quoting Lloyd A. Fry
Roofing Co. v. State Dept. of Health Air Pollution Variance Bd., 553 P.2d 800, 808 (Colo.
1976)). Nevertheless, the irreparable injury of unnecessary disease spread is obvious.

14
 1. Judgment in favor of JCPH and against each individual Defendant Beth-Eden Centenary
Baptist Church d/b/a Beth Eden Baptist School, Highlands Classical Academy d/b/a
Augustine Classical Academy, and Faith Bible Chapel International d/b/a Faith Christian
Academy on the claim for injunctive relief asserted herein.

2. A preliminary and permanent injunction (1) enjoining each Defendant from violating the
terms of JCPHO 21-002, (2) enjoining each Defendant from prohibiting, interfering with,
or refusing to allow public health inspectors to inspect unannounced during regular
business hours, and (3) ordering Defendants to abate the conditions under which they
allow individuals to decide for themselves whether to wear a Face Covering at school or
otherwise do not enforce the Face Covering provisions of JCPHO 21-002.

3. An award of costs and fees; and

4. Such other and further orders and relief as the Court deems just.

Dated: September 15, 2021. Respectfully submitted,

s/ Craig R. May
Craig R. May
Virginia M. Creighton
Gabrielle L. Schneiderman
Wheeler Trigg O’Donnell LLP

Attorneys for Plaintiff,

Jefferson County Public Health

15