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Federal Suit Filed By Park City Parents Over Covid Testing Has Been Dropped


A federal lawsuit, filed by two Park City parents over a Covid guideline in schools, has been dismissed, with all the parties agreeing to the resolution.

The dispute has been rendered moot by recent health orders issued from the state of Utah.

As we previously reported, local residents Holly and Mark McClure filed a suit in U.S. District Court protesting a requirement that their two children had to undergo a Covid-19 test in order to receive in-person schooling.

The lawsuit was filed in March against the head of the Utah Department of Health, the State Superintendent of Education; the Park City School District’s Superintendent and School Board; and Summit County officials.

Following that, as court documents note, the health order being disputed was superseded by a Senate bill signed by Governor Spencer Cox in late March, as well as other health orders.   Those orders clearly provided a student who refused a Covid-19 test could attend in-person learning.

All the parties requested a dismissal from the court.   On April 22nd, U.S. District Court Judge Howard Nielson dismissed the case with prejudice, meaning it cannot be brought back.

Contacted by KPCW for comment, attorney Gregory Gunn, representing the McClures, said they had no statement at this time.

Park City School Superintendent Jill Gildea said they are grateful to have a resolution in the case.

Finally, Summit County Attorney Margaret Olson wrote to us that the dismissal was “appropriately swift.”    She said there were never any facts pled against the county defendants—those being Health Director Rich Bullough, the Health Board, and Board Chairman Chris Cherniak.    She said there were also no claims for relief against those defendants that could be granted by the court.

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