Common Pleas Court Judge Joel Kuhlman has dismissed the claims of plaintiffs challenging the mask mandate at Bowling Green State University.
The order was issued Feb. 28.
Kuhlman ruled that the plaintiffs, who are represented by the Akron-based law firm Mendenhall Law Group had no standing. Plaintiff Andrea Hoerig is a faculty member who refused to seek an exemption. But Kuhlman found she could not point to any actions the university has taken or will take because of that.
In the case of student plaintiffs Carolyn Dailey, Gabrielle Downard, and Amy Vorst all had received exemptions and could not show that they faced any different treatment because they were not vaccinated. Dailey also works for the university.
Kuhlman also rejected the plaintiffs’ claim that requiring wearing a mask amounts to forcing them to get a medical treatment.
“The mere fact that an item is used to prevent the spread of an illness does not create such a right. A Court can reject an argument as illogical and absurd when other Courts have uniformly done the same,” he wrote.
The claims were rejected without prejudice because they were not decided on merits. The plaintiffs were given 30 days to amend their complaint. After 30 days, they will be dismissed without prejudice.
