New Motions Filed

July 2009

Massage Hearing Postponed

Oh, dear readers, we thought in this issue, we would be reporting to you the judgement rendered in the final hearing of the July 1, 2008 lawsuit brought by massage therapist H. Mercedes Clemens and the Institute for Justice (IJ) against the Maryland State Board of Chiropractic Examiners in which the plaintiff's allege that the State is violating Mercedes' constitutional rights.

But no, the final hearing has been postponed and then postponed, and is now scheduled for July 30.

In the June issue we reported that Montgomery County Circuit Court Judge David A. Boynton gave the the Chiropractic Board a chance to rethink their cease and desist order, but after the Board's monthly May meeting, they declined to do so.

So, on June 3, Mercedes and her team filed a motion for a summary judgement, which would not only set aside the Board's cease and desist letter, but would also expressly state that the Board has no jurisdiction over animal massage.

On June 5, the Board filed a motion to dismiss the original case, supposedly because they rescinded the cease and desist (but The Equiery has not found evidence that the order was rescinded and is relying on hearsay; as of press, the court documents had not yet been made available to the public).

Regardless of whether or not the order was rescinded, the plaintiffs still want a summary judgement in order to ensure that the Board does not later issue to either Mercedes or any other animal massage therapist another cease and desist order.

On June 12, Mercedes and IJ filed another motion, this time to consolidate all three motions (their original lawsuit, their request for summary judgement and the Board's motion to dismiss). On June 17, the Board filed motion opposing consolidation.

Filed a motion opposing the consolidation? Well, apparently the courts thought the motions should be consolidated, and have now scheduled all three to be heard on July 30.

 

 

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