First Judicial District Judge Randall C. Arp issued an injunction Thursday ordering a private religious school to allow Jefferson County Health Department inspectors access to school buildings at “any reasonable time”  so they can make sure the county mask mandate was being followed.

The injunction against Faith Bible Chapel International DBA Faith Christian Academy goes into effect immediately and is effective until May 31.

The department brought the case in Jefferson County District Court  this week against three schools — Faith, Beth Eden Baptist School and Augustine Classical Academy — after health inspectors found unmasked students and staff at all three schools during inspections. 

Golden View Classical Academy, a public charter school, was included in the lawsuit when it asked to intervene because any ruling might also affect the school as well. 

The JCHD brought the suits because in some cases entry by inspectors was delayed by school staff, who asked them to remain outside until school superintendents or other staff could arrange to escort them through the buildings. In at least one case a county inspector testified that he walked away when he was asked to wait for the arrival of Superintendent Andrew Hasz for Faith Christian Academy. 

The school attorneys argued that some delay was reasonable and consistent with school security protocols and that no inspector was denied entry.  

Attorneys for the JCHD argued that any delay in entering the building might allow school staff to be tipped off that an inspector was coming, which would give time for staff to make sure children and staff put on their masks before the inspector could catch them without them. 

The school’s attorneys objected to the characterization of the school administration as dishonest, saying there was no evidence of that happening. 

The school’s attorneys also argued that Jefferson County Public Health executive director Dr. Dawn Comstock’s August 28 public health order requiring masks in schools  exceeded her authority because when Gov. Jared Polis rescinded his emergency declaration July 8, her authority to issue such orders on her own expired along with it.

They said Comstock should have gone to the county Board of Health and asked for it to issue a new rule authorizing her to order mask-wearing by children after due deliberation and public hearings. 

The school’s attorneys said that before inspectors could enter private property without being invited, they had to obtain a search warrant based on probable cause from a judge under the 4th Amendment. They argued that these inspections were different from other regulatory health department inspections that do not require search warrants because criminal penalties attached to violations. 

Arp ruled that Comstock’s authority was not diminished because Polis rescinded his emergency order, and that Comstock retained the power to issue county public health orders during emergencies without having to go to the Board of Health first.  

He also ruled that a state of medical emergency exists in Jefferson County due to the spread of the delta variant of the virus, which justifies Comstock’s exercise of authority. 

Arp, in issuing the preliminary injunction requiring the school to allow unannounced inspections, rejected both the 4th Amendment search and seizure arguments as well as the school’s arguments that its religious rights under the 1st Amendment precluded county enforcement of mask mandates. 

“The court will note that the health order was not faith-based or designated at religious practice. It was designated to apply to schools, which then also include religious or church schools,” said Arp. 

Two of the schools, Beth Eden Baptist School and Augustine Classical Academy, reached an agreement with the JCHD on Wednesday and were dropped from the case.