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Legal action filed today in Kanawha Circuit Court (1-20-21)

Today, AFT-WV filed a complaint in the Circuit Court of Kanawha County to protect the health and safety of students, teachers and the community in West Virginia.

Specifically, AFT-WV seeks a temporary restraining order and/or injunctive relief to enjoin in-person teaching in Kanawha County until all education employees have the opportunity to have the second vaccine which is scheduled to be provided in the first and second week of February.  

AFT-WV also seeks to protect and affirm the important role of local boards of education in protecting the health and safety of the community and their students and education employees.  Local control of such decisions is vital to the effective operation of 55 school systems in this very diverse state. 

Members should note that this case will consist of the following legal claims: 

(1)   a temporary restraining order and/or injunctive relief in Kanawha County; and 

(2) a declaratory judgment and mandamus that would, in all likelihood,  protect the constitutional rights of teachers and service personnel statewide.

View the legal filings: 

Verified Complaint

Petitioner's Motion for a Temporary Restraining Order

Memorandum of Law in Support of Petitioner's Motion 

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