PARKERSBURG — A judge granted a temporary restraining order and injunction allowing a Wood County high school student to attend classes as it is determined whether she can remain in school while a medical exemption to a vaccination requirement is pursued.

According to Wood County Circuit Court records, the petition was filed Dec. 7 by John R. Davis and Felsie Pierce on behalf of their child, who as a minor is not being identified. It says they were informed on Nov. 30 their child could not attend school or be involved in school activities because a required meningitis vaccination had not been received.

In the petition filed by attorney Matt R. McCase, the plaintiffs argue their child should be provisionally enrolled while a denial of their request for a medical exemption is appealed.

The student “will suffer irreparable harm if not allowed to continue her education ‘in person,'” it says. The youth “should not be discriminated against or treated differently than other children throughout the state during this process.”

A response from Richard Boothby, the attorney representing Wood County Schools, says the district is unaware of the filing of an appeal of the decision, issued by State Health Officer/Bureau of Public Health Commissioner Dr. Ayne Amjad. It also challenges the invocation of state rules regarding provisional enrollment for students who have not completed a particular vaccine series, saying the intent here is to seek a medical exemption, not eventually get the required vaccine.

“There is no (provisional) enrollment option available to students seeking a medical exemption,” the response says.

It also says the district has “presented multiple educational options available to the plaintiffs regarding the student’s continued education and ability to stay on track for graduation.”

Wood County Circuit Judge Robert Waters issued an order, also dated Dec. 7, granting the motion for a temporary restraining order and injunction allowing the student “to continue attending school and after school activities, while counsel is heard on the matter.”

A hearing was scheduled for Dec. 13, but a ruling had not been issued by Waters as of Thursday afternoon.

In the response, Boothby describes the plaintiffs’ filing as “baseless performative litigation.”

“Performative litigation like this, devoid of any legal basis or supporting facts, which is filed for political or other inappropriate reasons, violates Rule 11 of the West Virginia Rules of Civil Procedure,” it says.

Davis and Pierce sued Wood County Schools in October 2021, asking the court to declare the district’s COVID-19 mask mandate illegal and unconstitutional. The case was dismissed by Wood County Circuit Judge J.D. Beane this fall, who noted the mandate was no longer in effect.

Evan Bevins can be reached at ebevins@newsandsentinel.com.