Attorney Chris Wiest has filed an open meetings lawsuit against the Campbell County Board of Education on behalf of Ken Moellman, Sr., and Noah Heim.

Plaintiffs Moellman and Heim allege that the board of education violated the Open Meetings Act in a series of meetings conducted in August and September by requiring attendees to wear masks as a condition of attendance.

Plaintiffs state that they were excluded from board meetings because they refused to comply with the board's mask requirement.

They focus on a provision of the Open Meetings Act, KRS 61.840, which provides: "No condition other than those required for the maintenance of order shall apply to the attendance of any member of the public at any meeting of a public agency."

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42577

It is their position that conditioning attendance at a public meeting on the wearing of a mask violates the Act since it is not necessary for the maintenance of order.

In defense of the challenged meetings, the board cites a March 2020 executive order issued by Governor Beshear suspending "statutes or regulations that conflict with efforts to ensure social distancing and other prophylactic practices designed to reduce the public health threat posed by the COVID-19." The board also relies on an emergency regulation promulgated by the Kentucky Department of Education requiring face coverings in all school facilities.

The board notes that "an additional viewing option is provided with respect to Regular meetings of the Board, which are live-streamed via YouTube."

Plaintiffs seek a determination that any meetings "during which Defendants [the board] required face coverings" violated the Open Meetings Act and are void; an injunction "against requiring a face covering to attend any future public meeting;" and statutory penalties in the amount of $100 per meeting as well as attorney's fees.

The Cincinnati Enquirer reports that the board has ceased in-person meetings and returned to virtual meetings.

The Open Meetings Act states, "If the public agency makes efforts to remedy the alleged violation pursuant to the complaint, efforts to remedy the alleged violation shall not be admissible as evidence of wrongdoing in an administrative or judicial proceeding."

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23054

The case is pending in the Campbell Circuit Court.