ACLU re-files lawsuit against vaccine exemption order in West Virginia

CHARLESTON, W.Va. (WBOY) — The American Civil Liberties Union of West Virginia has re-filed a lawsuit to remove Gov. Patrick Morrisey’s vaccine exemption order, calling it “dangerous and unconstitutional.”

The ACLU of West Virginia filed a similar lawsuit back in May to stop enforcement of the order, which allows exemptions for public school vaccine requirements, but the suit was dismissed because not enough notice was provided to the agency.

“While our previous case was dismissed on procedural grounds, the core of this issue is clear: What the state is doing violates the law and the West Virginia Constitution,” ACLU-WV Legal Director Aubrey Sparks said in a press release Monday. “We’re asking the court to act immediately before more children are put at risk.”

The lawsuit argues that because the West Virginia Legislature rejected a bill allowing vaccine exemptions in public schools, Morrisey’s order goes beyond his authority as governor.

The ACLU has also requested a temporary restraining order against Morrisey’s executive order to prevent students from returning to class without the vaccinations that the state currently requires: Chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio,
rubella, tetanus and whooping cough.

“This isn’t just about policy—it’s about protecting real children who will be sitting in classrooms next week,” Mountain State Justice Executive Director Sarah Brown said in the press release.

The lawsuit was filed by the ACLU-WV and Mountain State Justice on behalf of parents of immunocompromised students in Cabell County and Kanawha County.