FREE OREGON v. OREGON HEALTH AUTHORITY

A176977.

541 P.3d 897 (2023)

329 Or. App. 460

FREE OREGON, INC. and Mandate Free Oregon, Inc., Oregon non-profit corporations; Doctors for Freedom, an unincorporated association; Health Freedom Defense Fund; and Tamara Dimmick; Rasa Sidagyte; Michelle Davis; Lisa Nave; Charlotte Persinger; Chrystal Gervais; Aaron Harris; Roy McGrath; Glenn Campbell; Jessica Cox; Brittany Wilson; Joshua Williams; and Molly Valdez, individuals, Petitioners, v. OREGON HEALTH AUTHORITY, Respondent.

Court of Appeals of Oregon.

December 13, 2023.


Attorney(s) appearing for the Case

Tyler D. Smith , Canby, argued the cause for petitioners. Also on the briefs were Yasha Renner and Tyler Smith & Associates, P.C.

Phillip Thoennes , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Aoyagi, Presiding Judge, and Lagesen, Chief Judge, and Jacquot, Judge.


This is a rule challenge under ORS 183.400. Petitioners seek judicial review of former OAR 333-019-1010 (Jan. 31, 2022) and former OAR 333-019-1030 (Jan. 28, 2022),1 rules adopted by the Oregon Health Authority (OHA) that imposed COVID-19 vaccination...

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