On December 17th, 2020, the Missoula County Board of Health adopted new rules replicating directives created by former Governor Steve Bullock in his capacity as state excutive. The governor's directives including mask mandates and restrictions on businesses and individuals were challenged in court and dropped once Governor Greg Gianforte rescinded the state-wide rules.

The lawsuit against former Governor Steve Bullock and the Department of Public Health and Human Services was filed on December 8th, 2020, eleven days prior to the Missoula County Board of Health adopting the new rules.

The lawsuit was filed by Attorney Quentin M. Rhoades of Rhoades Siefert & Erickson LLPC on behalf of StandUpMt.org, and several other organizations and individuals.

The new rules

Missoula City-County Board of Health COVID-19 Rules

Adopted Dec 17 2020.

b. Businesses, Government Offices and Other Indoor Spaces Open to the Public
A business government office or person/corporate entity responsible for an indoor space to the public shall:

i. Require employees, contractors, volunteers, customers, and visitors to wear a face covering within the building, and when entering and exiting, and within a shared vehicle, except as allowed in Section 6.

Missoula City-County Board of Health Rule. Comprehensive COVID-19 Mitigation Requirements. Adopted Dec 17 2020. Page 2.

MT Constitution, Separation of Powers Clause, Article III, §1
MT Constitution, Right of Individual Privacy, Article II, § 10

ii. Require employees working in places of residence to wear a face covering when other people are present.
iii. Provide face coverings to employees and volunteers
iv. Provide accommodations for employees, contractors, customers, and visitors if required by State and federal disabilities laws, including the Americans with Disabilities Act (ADA which protects people with disabilities from discrimination in employment and requires employers to engage in the interactive process for accommodations.
v. Post clearly visible signs at entry points that state "Mask or face covering use required for ages five and older."

c. Outdoor Events and Gatherings.

i. Except when not required by section (d), organizers of outdoor events and gatherings of more than 25 people shall require all persons working, volunteering, and attending the event or gathering to wear face coverings.

Missoula City-County Board of Health Rule. Comprehensive COVID-19 Mitigation Requirements. Adopted Dec 17 2020. Page 3.

The Missoula City-County Board of Health is responsible for setting policy in Missoula County related to public health. Members are appointed by the Missoula City Council and the Missoula County Board of Commissioners. The Missoula County Board of Health is the body that has implemented the updated rules including mask mandates. Below are Board of Health members that are responsible for the updated rules and mask mandates.

Ellen Leahy

Missoula City-County Health Director

Recently reported resigning effective Summer 2021.

(406) 258-3376

Ross Miller

Missoula City-County Health Board Chair

Appointed by the Missoula City Council

(406) 442-3050

Debbie Johnston

Missoula City-County Health Board Vice Chair

Appointed by the Missoula City Council

(406) 442-3050

Josh Slotnick

Missoula City-County Health Board Member

County Commissioner Chair

Appointed by the Missoula County Board of Commissioners

(406) 258-3202

Amber Sherrill

Missoula City-County Health Board Member

Ward 4 City Council Member

Appointed by the Missoula City Council

(406) 531-7052

Pamela Boyd

Missoula City-County Health Board Member

Appointed by the Missoula County Board of Commissioners

(406) 258-3376

Robert Stenger

Missoula City-County Health Board Member

Appointed by the Missoula City-County Board of Health

(406) 327-1850

James Stephens

Missoula City-County Health Board Member

Appointed by the Missoula County Board of Commissioners

(406) 258-3376

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UPDATED: Federal Judge Grants Montana’s Request For Injunction On CMS Vaccine Mandate, Benefis Insists on Jab

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Montana healthcare workers are protected under HB-702 which adds vaccination status as a protected class.

PHOTOS: Statewide Rallies Against Vaccine Mandates Draw Over a Thousand Across Montana

November 29, 2021

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November 21, 2021

Statewide protests against vaccine mandates set for November 28th at 2PM.

The lawsuit states that Missoula County is acting outside of its constitutional authority or "ultra vires and constitute violations of the Montana Constitution's separation of powers clause. Art. III, § 1, Mont. Const."

The lawsuit clarifies further,

Ex-Governor Bullock's Emergency Directive is expired

"The state of emergency declared by Governor Bullock on March 12, 2020, expired by operation of law on April 12, 2020, and neither the president of the United States nor the legislature has ever issued a declaration since such expiration stating any continuing conditions of the state of the original emergency. The Governor's emergency powers granted him under Title 10, Chapter 1-4, Montana Code Ann., therefore expired on April 12, 2020."

Stand Up Montana v. Gov Steve Bullock, DPPH. Dec 8 2020, pg 18.

Mask Mandate violates individual rights to Medical Privacy

"The Mask Mandate denies the right of individual privacy guaranteed by Art. II, § 10, Mont. Const. and Amend. IX, U.S. Const. Medical care choices are protected by the right of individual privacy. The right of privacy broadly guarantees individuals the right to make medical judgements affecting their bodily integrity and health free from the interference of government."

Stand Up Montana v. Gov Steve Bullock, DPPHS. Dec 8 2020, pg 27.

Mask Mandate violates Separation of Powers and Republic form of Government

"...the Mask Mandate and the November Directive violate the U.S. Constitution's guarantee of a republican form of government, Art. IV, § 4, U.S. Const., as they entail the performance of legislative functions by the executive branch of government without constitutionally sufficient legislative authority, delegation or guidance."

Stand Up Montana v. Gov Steve Bullock, DPPH., Dec 8 2020, pg 24.

Counties including Missoula "are ultra vires and constitute violations of the Montana Constitution's separation of powers clause. Art. III, § 1, Mont. Const."

Stand Up Montana v. Gov Steve Bullock, DPPH. Dec 8 2020, pg 4.

"The Mask Mandate compels uninfected and unexposed individuals to wear face masks in all businesses, government offices and other indoor spaces open to the public. The Mask Mandate requires private businesses and persons to enforce this rule through means of the law of trespass. If individuals who are not infected with a communicable disease, and not reasonably believed to be infected, choose to exercise their right to make their own private health-care choices by declining to use a face covering, they are barred from the use of indoor public accommodations."

Stand Up Montana v. Gov Steve Bullock, DPPHS. Dec 8 2020, pg 27.

The Lawsuit

Montana Ace. January 5th, 2020.

The lawsuit also includes an affidavit from expert witness, Baylor Associate Professor of Statistics, Rodney X. Sturdivant, Ph.D."In November 2020, I testified for the County Commissioners and Judge of Colorado, Texas concerning a declaration challenging restrictions imposed by the Texas Governor. I extensively reviewed the evidence and data regarding the relatively low mortality and morbidity risk that SARS-CoV-2 infection poses to most people, particularly the young and healthy, as well as the evidence about the health impacts of policies involving restrictions, and the overall effectiveness of restrictions."

His opinions include:

Contrary to Good Public Health Practice, Restrictions Do Not Address the Key Risk Metrics, and Assume that COVID-19 Is Equally Dangerous to All Populations.

"Although COVID-19 affects various age groups and health conditions very differently, government restrictions assume that the disease affects everyone equally. This, too, is not justified by the scientific literature and represents poor public health practice. By assuming the disease affects everyone equally in its criteria for reopening, the State is forcing unnecessary restrictions on a large segment of the population that will needlessly devastate the lives of millions."

Witness Affidavit, Pg 2. Stat. 8-15. Nov. 30 2020.

Policies that Restrict and Remove Freedoms must be Supported by Appropriate and Correct Data.

"First, neither the new daily cases number nor percent positivity number represent random samples of the population, but rather represent results from selected populations who have been referred, or have self-referred, for testing. [...] The percent positivity number is thus a biased estimate of the actual transmission risk of COVID-19 in the population. Without population representative sampling for testing, the number does not reflect the risk of transmission and thus is scientifically unjustified as a criterion for imposing restrictions on normal activities."

Witness Affidavit, Pg 14. Stat. 44-51. Nov. 30 2020.

Policies that Restrict and Remove Freedoms and Impact Overall Health and Well Being of Citizens must be Able to Demonstrate Potential for Significant Effectiveness Based on Science and Data.

"Data and science to support restrictions on freedom by the government, particularly those that deprive citizens of constitutionally guaranteed rights, should be extremely compelling. Epidemiological theory and best practices garnered over decades of research provide important guidance in handling the pandemic, and strongly advise against many of the measures currently used. Studies of the data on measures employed by states and countries around the world suggest that they do not significantly alter the course or outcomes of the pandemic."

Witness Affidavit, Pg 7. Stat. 26-34. Nov. 30 2020.

Public Health Principles Consider All Health Implications of Policies Rather than a Single Outcome.

"As numerous peer reviewed publications have demonstrated, and as the former FDA Commissioner has admitted, the lockdowns themselves are depriving people of life. They are literally causing people to die, including by suicide.11 These deaths, sadly, are often in younger individuals representing far more life years lost than the median age of COVID-19 deaths."

Witness Affidavit, Pg 4. Stat. 16-25. Nov. 30 2020.

The Montana Club. January 5th, 2020.

The Missoula City-County Health Board justified new rules in a footnote pointing to a report from the CDC.

The World Health Organization does not recommend the use of masks on healthy people. "Results from cluster randomized controlled trials on the use of masks among young adults living in university residences in the United States of America indicate that face masks may reduce the rate of influenza-like illness, but showed no impact on risk of laboratory-confirmed influenza.(62, 63) At present, there is no direct evidence (from studies on COVID- 19 and in healthy people in the community) on the effectiveness of universal masking of healthy people in the community to prevent infection with respiratory viruses, including COVID-19.

If the Missoula City-County Health Board is shutting down businesses, restricting individual liberties, and dissolving the jobs, pay and livelihoods of Missoulians, as Professor Sturdivant noted, "Data and science to support restrictions on freedom by the government, particularly those that deprive citizens of constitutionally guaranteed rights, should be extremely compelling."

World Health Organization

“At present there is only limited and inconsistent scientific evidence to support the effectiveness of masking of healthy people in the community to prevent infection with respiratory viruses, including SARS-CoV-2 (75).”

Interim Guidance. Dec. 1 2020

World Health Organization

“At the present time, the widespread use of masks by healthy people in the community setting is not yet supported by high quality or direct scientific evidence.”

Interim Guidance. Jun. 5 2020

STUDY: Effectiveness of Surgical Face Masks in Reducing Acute Respiratory Infections in Non-Healthcare Settings: A Systematic Review and Meta-Analysis

"Surgical mask wearing among individuals in non-healthcare settings is not significantly associated with reduction in acute respiratory illness incidence in this meta-review."

National Institutes of Health. Sep. 25 2020.

STUDY: Cluster randomised controlled trial to examine medical mask use as source control for people with respiratory illness

"Laboratory-confirmed viral infections were consistently lower in the mask arm compared with control, although not statistically significant."

National Institutes of Health. Dec. 30 2016.

STUDY: Facemasks, hand hygiene, and influenza among young adults: a randomized intervention trial

"Both intervention groups compared to the control showed cumulative reductions in rates of influenza over the study period, although results did not reach statistical significance."

National Institutes of Health. Jan. 25 2012.


STUDY: Facemasks and hand hygiene to prevent influenza transmission in households: a cluster randomized trial

"Hand hygiene with or without facemasks seemed to reduce influenza transmission, but the differences compared with the control group were not significant."

National Institutes of Health. Oct. 6 2009.

STUDY: Mask use, hand hygiene, and seasonal influenza-like illness among young adults: a randomized intervention trial

"Neither face mask use and hand hygiene nor face mask use alone was associated with a significant reduction in the rate of ILI cumulatively."

National Institutes of Health. Feb. 15 2010.

World Health Organization

"FACT: People should NOT wear masks while exercising, as masks may reduce the ability to breathe comfortably. Sweat can make the mask become wet more quickly which makes it difficult to breathe and promotes the growth of microorganisms. The important preventive measure during exercise is to maintain physical distance of at least one meter from others."

Coronavirus disease (COVID-19) advice for the public: Mythbusters. Nov. 23 2020.

The Dollar Store. January 5th, 2020.

SARS-CoV-2 Survival Rate

0-49 years old
50-69 years old
70+ years old

Montana Hospital Bed Use & Capacity

Missoula City-County Health Department currently offers PCR tests for SARS-CoV-2, which can take 1-2 days to provide a result, long after a patient has left and potentially gone on to spread the virus.

The PCR tests are capable of amplifying even dead viral material to obtain a positive test result.  In a memorandum released on December 3, 2020, Florida Governor Ron DeSantis required all testing labs report their amplification cycle threshold on each PCR test,

“Cycle threshold (CT) values and their reference ranges, as applicable, must be reported by laboratories to FDOH via electronic laboratory reporting or by fax immediately.”

“If your laboratory is not currently reporting CT values and their reference ranges, the lab should begin reporting this information to FDOH within seven days of the date of this memorandum.”

Mandatory Reporting of COVID-19 Laboratory Test Results: Reporting of Cycle Threshold Values. Dec 3 2020.

In a New England Journal of Medicine Perspective Article published in November of last year, three physicians recommend health authorities devise a containment regimen strategy centered around rapid testing to identify positive clusters and individuals immediately.

KPAX reported in September of last year that the Missoula County was offering limited rapid testing at their clinic on Flynn Lane. The rapid testing has not expanded, according to Missoula County, "One barrier is supply chain shortages of test kits for specific systems."[link]

Rethinking Covid-19 Test Sensitivity — A Strategy for Containment

"By several criteria, the benchmark standard clinical polymerase-chain-reaction (PCR) test fails when used in a surveillance regimen. After collection, PCR samples typically require transport to a centralized lab staffed by experts, which drives up costs, drives down frequency, and can delay results by one or more days. The cost and effort required to get tested with a standard test mean that most people in the United States have never received one, and slow turnaround times mean that even when the current surveillance approach does identify infected people, they can still spread the infection for days before notification, which limits the impact of isolation and contact tracing."


"For an effective Covid filter that will stop this pandemic, we need tests that can enable regimens that will capture most infections while they are still infectious. These tests exist today in the form of rapid lateral-flow antigen tests."

New England Journal of Medicine. Feb. 15 2010.

STUDY:At 35 amplifications cycles less than 3% of cultures became positive.

"A major issue related to the outbreak has been to correlate viral RNA load obtained after reverse-transcription polymerase chain reaction (RT-PCR) and expressed as the cycle threshold (Ct) with contagiousness."

Infectious Diseases Society of America. Sep 28 2020.

Missoula Health Board Admits Not Knowing If SARS-CoV-2 Tests Are Accurate

By Roy McKenzie | February 10, 2021

In an email signed by Missoula County Board of Health and County Commissioner Chair Josh Slotnick, he and county commissioners Dave Strohmaier and Juanita Vero admitted that the county and the health department do not have information about the cycle threshold values of positive SARS-CoV-2 tests results accepted and reported by their agencies. The cycle…

Are Missoula County Health Department SARS-CoV-2 Tests Even Accurate?

By Roy McKenzie | January 20, 2021

World Health Organization points to need for “careful interpretation of weak positive test results” day of Joe Biden inauguration.


  1. Isi on April 21, 2021 at 9:32 am

    I was on a trip with my family to Dillon and we stopped by Missoula to shop. I was shocked to see how many people wore masks and I was refused service at the first store because I did not wear a mask. I’m from Seattle and even though, we have libtards and cowards all over, no store in Washington has refused me service. I put up a confrontation with the store employees and the manager to see how far I can go. I had a long conversation with the manager and he filled me in with how libtard Missoula has become (which I had no idea of) and while I understood that his job was on the line, I told him that one day he will have to stand up against this tyranny or he’ll have no job and no freedom in the end. By the way, there are a lot of people in Washington state who are conservatives and values freedom. The easiest way to fight this tyranny is to do the little things, for example: do not to participate in the mask ritual. I give slack to children, women, teenagers and those that are genuinely afraid of the virus for wearing them,, but adult men have no excuse. Our freedom does not come from men. Even our LAWs requires our consent and if they infringe on your freedom, you have a human obligation to not follow them. I’ll leave you with a few quotes from John Adams to give you some encouragement:
    “Always stand on principle, even if you stand alone”
    “Those who trade liberty for security have neither”
    “Be not intimidated…….nor suffer yourselves to be wheedled out of your liberties by any pretense of politeness, delicacy, or decency. These, as they are often used, are but three different names for hypocrisy, chicanery, and cowardice”

  2. Ryan Simmons on January 8, 2021 at 5:42 pm

    This has nothing to do with health and safety, I have gone into Albertsons in Missoula many times without a mask, the only times i was kicked out for “not wearing a mask” was when i went into their store with a MAGA Hat on. This is all political, this is just a slow subtle striping away of our freedoms.

  3. Roy McKenzie on January 8, 2021 at 9:06 am

    According to some Montana Facebook users, it appears that draft legislation from State Senator Steve Fitzpatrick is actually adding additional liability onto business owners that are found to not be in compliance with local health board rules related to COIVD-19. Rather than protect businesses, now if an employee pulls down their mask to speak to a customer, the proposed law provides a path to sue the business for non-compliance.

    Full Bill.

    NEW SECTION. Section 4. Safe harbor for compliance with regulations, executive orders, or public health guidance. A person shall not be held liable for civil damages for injuries sustained from an alleged exposure or potential exposure to covid-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure.

    From the MT Women for Freedom Facebook Group:

    Anyone who can make it to the captial tomorrow at 9 please do! Spread the word.
    Bad bill being heard tomorrow morning. Need citizens to oppose.
    New section 4 limits liability only if the business =complies= with all the mandates, health directives, etc. This codifies what now is not law, only a recommendation. It makes the situation worse.
    Here is the bill
    Here’s the text. https://leg.mt.gov/bills/2021/billpdf/SB0065.pdf
    Rm 422 at 9 am


    It’s tricky but boring. So, it says businesses won’t be liable if someone gets COVID at their property IF they are not being negligent—which means if they’re following the Board of Health recommendations. SO, it opens up the door for if you’ve violated the regulations AT ALL (like an employee pulled their mask down for a moment to speak to a dead customer) you can be sued. It’s dangerous wording. Must be part of the “incentives” Gianforte promised.

  4. Derek Williams on January 7, 2021 at 4:57 pm

    This is an over reach of authority!

  5. Roy McKenzie on January 7, 2021 at 2:06 pm

    CHECOTA: Missoula County will extend closings of bars and restaurants till midnight.

    I went to a bunch of bars and restaurants downtown to share a flyer about a currently forming lawsuit against Missoula County for mask mandates and about the current lawsuit filed against the former Governor and the DPPHS.

    I spoke with the owner of the Top Hat, Nick Checota.

    Checota said his bar and the coalition of businesses known as Revive Missoula Bars & Restaurants will not be joining a currently forming lawsuit to end mask mandates and early closures of bars and restaurants in Missoula County.

    Checota said they are negotiating with the Missoula County Health Department.

    He also said Missoula County Health Department is willing to negotiate with the coalition he formed. He said they would rather not “fight.” Checota said the county would extend business closure times till Midnight. #mtpol #mtnews

  6. Bonnie on January 6, 2021 at 11:31 am

    I attended the PEAK Health and Wellness gym and when they re-opened they had closed half the showers and tapped off the water fountains. Useless. I thought this was foolish. There is no soap available to wash your hands even. I guess they have fallen to the county rules just to stay open.

    The sign that says ‘chill out only a mask’ really demoralizes the customer saying they have no rights to breath freely. It is a sad day for the Peak. Just close if they are so worried.

  7. Alex on January 6, 2021 at 9:51 am

    The pandemic has taught many (albeit, not all) a valuable lesson in risk assessment. Individuals can and should be able to evaluate their level of risk at any given moment. That determination cannot be coerced (socially), mandated, nor gaveled down by elected and non-elected officials. Governments have laid down broad and overreaching regulations as if the people they represent are completely homogenous, stripping individuals of their agency and independence. Politicians seem to believe the populations they are beholden to are as diverse as the narrow, weak-minded ideologies they cling to. The “guidelines” Missoula County have crammed down our throats are devoid of science and are entirely arbitrary. “Missoula County will continue to require face coverings in indoor spaces open to the public regardless of the number of active cases in the county”, quoting the Missoulian. Regardless… Perhaps its time we reevaluate the authority of these agencies.

  8. Alise on January 4, 2021 at 5:54 pm

    Thank you for making this site with great information for me to share!

  9. Roy McKenzie on January 4, 2021 at 5:24 pm

    At the beginning of the pandemic I was a prepper. But as time moved on and we learned more about the virus, its infection rate, its mortality rate, the efficacy of masks, the efficacy of lockdowns, how deaths are counted, how much it expanded executive and county power, how powerful of a discursive disciplinary tool it can be, I started to have doubts. This page includes fair amounts of data that indicate that the Missoula County Health Board is acting outside of their authority and outside of reality when it comes to the efficacy of lockdowns.

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