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Federal lawsuit still pending on Montgomery Co. nonpublic schools reopening

The federal case against Montgomery County Health Officer Dr. Travis Gayles’ now-rescinded order for private schools to remain closed is still pending.

Timothy Maloney, the attorney for private schools and families who sued the county, explained in a statement Monday on his law firm’s website that since Gayles rescinded his order to close nonpublic schools, “now is the time for cooperation, not litigation.”

Though Friday’s court hearing has been canceled, the case remains pending because Maloney said the families want to see how Gayles “treats religious and private schools going forward.”

Last week, Gayles rescinded his order closing nonpublic schools until at least Oct. 1, but maintained that he strongly advised against reopening the schools based on data on the spread of COVID-19. His earlier order had sparked a back and forth between the county and the state.

Gayles’ decision to back down came after the Maryland state health secretary issued a policy that barred the “blanket” closure of schools, public or private.


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