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Judge extends temporary restraining order barring enforcement of Douglas Co. mask opt-out

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DENVER – A federal judge on Monday extended a temporary restraining order through Nov. 22 that prohibits the Douglas County Board of Health from enforcing its public health order that allows parents to opt their children out of the Douglas County School District’s mask requirements.

U.S. District Court of Colorado Senior Judge John L. Kane extended the temporary restraining order, which was issued Oct. 26, until 3 p.m. on Nov. 22 and set another status conference in the case for Friday at 10 a.m.

The initial temporary restraining order was set to expire at 3 p.m. Monday, but Kane had said during last month’s hearing in which he granted the order that he might extend it if the district and board of health were still in the process of deliberating about an agreement. The district is also seeking a preliminary injunction in the case.

In court Monday, Kelly Dunaway, the attorney for the board of health and health department, said the board of health has indicated it might withdraw the initial public health order in a meeting set for Wednesday at 3 p.m. Should the board rescind its public health order, that would be discussed in Friday’s status conference, Kane said.

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