Murphy, Hesse, Toomey & Lehane, LLP Attorney Triumphs in Mask Mandate Lawsuit
On November 16, 2021 a Judge ruled in favor of Attorney Peter Mello of Murphy, Hesse, Toomey & Lehane, LLP and his clients in a lawsuit regarding mask mandates in Massachusetts schools. The Plaintiff’s filed a preliminary injunction in hopes of barring the Defendants’ from enforcing mask mandates on students while in school. They argued that “the defendants lacked authority to issue and implement the mask mandates, that the mandates violate parents’ constitutional rights to make decisions regarding their children’s health, and that mask wearing is ineffective and harms children.” After hearing from the Plaintiff’s experts and past cases, the Judge ultimately denied the motion for preliminary injunction. The case made headlines in several local papers and highlighted the Judge’s strong criticism of the Plaintiff’s arguments, for example he described their argument as being “premised upon nonauthoritative cases as well as thin and heavily contradicted evidence.” He went on to provide some case examples of his own, comparing the mask mandates to previous cases at “the intersection of schools and public health, such as a 1905 challenge to requiring smallpox vaccinations.”
Mr. Mello focuses his practice in municipal law and general civil litigation, including in the areas of construction, land use and zoning, wetlands and school law, among others. He has advised private clients and governmental entities alike regarding myriad and diverse issues, including employment, energy-related issues, licensing, procurement, public records, meeting procedures, conflict of interest, and many others. He practices routinely before state and federal courts and state agencies in Massachusetts and has written and presented extensively on wetlands, construction and labor issues for organizations such as REBA, the Massachusetts School Building Authority, the Massachusetts Municipal Lawyers Association and the Massachusetts Bar Association. Mr. Mello was recognized as a Rising Star by New England Super Lawyers magazine in 2012, 2013 and 2014.
Mr. Mello earned his B.A. in Politics, with a Certificate in Legal Studies from Brandeis University and is a graduate of Boston University School of Law. While at Boston University School of Law, he served as a staff editor of the American Journal of Law and Medicine. He is admitted to practice in the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts and the United States Court of Appeals for the First Circuit.
Murphy, Hesse, Toomey & Lehane, LLP Receives Favorable Decision for Town of Dracut
On April 11, 2023, MHTL Attorneys Peter Mello and Madison Harris-Parks represented the Town of Dracut, and successfully obtained a preliminary injunction order requiring, among other things, that the Defendant homeowners cease renting out their pool to the public. The case, Town of Dracut by and Through Its Building Inspector vs. Nason, Gilbert et al., was initiated by the Town after the Defendants failed to comply with the Town’s associated underlying zoning enforcement order. The Town requested the injunction Read More
EXTENSION OF MUNICIPAL RELIEF MEASURES - INCLUDING OPEN MEETING LAW REMOTE OPTION - SIGNED BY THE GOVERNOR
The option for public bodies in the Commonwealth of Massachusetts to hold public meetings remotely or in a hybrid fashion, which came into play at the onset of the COVID-19 pandemic, has been extended by the General Court for another two years, until March 31, 2025. The Governor signed the legislation, which will be codified at Chapter 2 of the Acts of 2023, on March 29, 2023. Because of the inclusion of an emergency preamble, the law goes into effect immediately.
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