Montana Supreme Court Lets Stand Law That Bans Vaccine Mandates in Most Workplaces

The Montana Supreme Court has refused to issue a preliminary injunction on a law that currently bans vaccine mandates in most workplaces in the state.

The state high court’s Nov. 16 decision concurs with the 7th Judicial District Court, a lower court, which had in February denied a request by Netzer Law Firm to block the law, pending judgment of its constitutional merits.

Chief Justice Mike McGrath wrote in the unanimous opinion of the five-justice panel: “We conclude the [lower] court’s rationale was not unreasonable, arbitrary, or that it resulted in a substantial injustice and, therefore, the court did not manifestly abuse its discretion in denying preliminary injunctive relief prior to final resolution on the merits.”

The law, passed during the 2021 legislative session, made it unlawful for government entities or businesses to discriminate based on the person’s vaccination status in providing services, goods, privileges, education opportunities, health care access, or employment opportunities. It applies to all vaccinations.

Republican Gov. Greg Gianforte signed the measure after it passed the Republican-dominated state Legislature. It was commonly referred to as HB 702 (pdf) and was the first of its kind in the country. Most of the legislation went into effect in May 2021, while a remaining section went into effect in July 2021.

The law included an exemption for nursing homes and other long-term care facilities in case the federal government threatened to pull Medicare or Medicaid reimbursement.

Donald L. Netzer, an employee and majority shareholder of Netzer Law Office, had in October 2021 “sought to preserve the ability to enforce a vaccine mandate on current and prospective employees” by filing an application to block HB 702.

“Netzer alleged that the statute violated several of his fundamental rights as set forth in the Montana Constitution,” McGrath noted in the Nov. 16 opinion. In response to Netzer’s lawsuit, the Montana state government on Nov. 15, 2021, moved to dismiss the case.

The Montana Supreme Court in its latest decision remanded a small part of the 7th Judicial District Court’s order, asking it to reconsider whether HB 702 “contained only one subject, clearly expressed in its title,” as required by the Montana Constitution.