US District Judge for the State of Montana, Donald Molloy, made his preliminary injunction from March permanent against healthcare workers seeking protection from vaccine mandates through HB-702, the vaccine non-discrimination law.

On Friday, Molloy ordered that the state cannot use provisions applied to Montana Code by HB-702 to defend the interests of Montana healthcare workers and that the state was, “permanently enjoined from enforcing Montana Code Annotated § 49-2-312 in health care settings. Defendants are further enjoined from enforcing the law as it relates to the COVID-19 vaccine against all health care facilities and individual practitioners and clinics subject to the Center for Medicare and Medicaid Services Interim Final Rule so long as that Rule remains in effect.”

Molloy said that health care workers concerns about medical privacy and health freedom and even vaccine efficacy did not outweigh the public’s interest to stop the spread of COVID-19. Molloy cited “safe, effective vaccines” as reason why “hardships” on healthcare workers were justified.

“The public interest in protecting the general populace against vaccine-preventable diseases in health care settings using safe, effective vaccines is not outweighed by the hardships experienced to accomplish that interest,” Molloy stated.

COVID-19 vaccines do not stop the transmission of SARS-CoV-2 or prevent illness.

The plaintiffs in the case against HB-702 included Providence Health Hospitals, Western Montana Clinic, Five Valleys Urology, the Montana Medical Association, and the Montana Nurses Association.