CT Freedom Alliance, LLC v. Dept. of Education, 346 Conn. 1

In March 2020 Governor Lamont declared a public health and civil preparedness emergency and later issued multiple executive orders responding to COVID-19.
The Connecticut Department of Education published the "AAA" guidance requiring masks in schools; Executive Order No. 9 (Sept. 2020) authorized the Commissioner to issue "binding guidance" and exempted that guidance from the UAPA’s definition of "regulation," retroactively covering the AAA.
Plaintiffs (CT Freedom Alliance and parents) sued, alleging (1) UAPA notice-and-comment violations, (2) unlawful multi‑month renewals of emergency orders under § 28‑9, (3) unconstitutional legislative delegation via special acts validating renewals, and (4) that the mask mandate violated children’s article eighth right to a free public education.
The trial court granted summary judgment for defendants; the plaintiffs appealed. While the appeal was pending the Department repealed the statewide school mask mandate (March 7, 2022).
Plaintiffs conceded lack of a live controversy but argued two mootness exceptions: "capable of repetition, yet evading review" and "voluntary cessation." The Connecticut Supreme Court held neither exception applied and dismissed the appeal for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
UAPA notice-and-comment (DOE binding guidance)	AAA was a regulation adopted without UAPA procedures; EO9 cannot retroactively cure that defect	EO9 exempted commissioner’s binding guidance from UAPA and validated the AAA	Moot — no relief possible; court found recurrence speculative and exception failed
Governor’s authority to renew § 28‑9 orders beyond 6 months	Repeated renewals exceeded § 28‑9 and were unlawful	Casey and subsequent legislative acts support governor’s emergency authority and renewals	Moot — speculative future recurrence; Casey supports substantial executive authority in emergencies
Legislative delegation via special acts validating renewals	S.A. 21‑2 / 21‑5 / 22‑1 unconstitutionally delegated legislative power to executive	Legislature ratified/oversaw renewals; special acts provided oversight mechanisms	Moot — speculative that similar circumstances will recur; court declined to decide delegation claim now
Article VIII free public education challenge to mask mandate	Mask requirement harms and impairs children’s constitutional right to education	Mask rules are policy choices with exceptions and compelling public‑health justification	Moot — mandate repealed; reinstatement speculative; court declined to reach merits

Casey v. Lamont, 338 Conn. 479 (Conn. 2021) (upholding governor’s emergency authority under § 28‑9 and limiting separation‑of‑powers challenge)
Boisvert v. Gavis, 332 Conn. 115 (Conn. 2019) (explaining stringent standard for voluntary cessation mootness exception)
In re Emma F., 315 Conn. 414 (Conn. 2015) (mootness implicates subject‑matter jurisdiction; controversy must persist through appeal)
Loisel v. Rowe, 233 Conn. 370 (Conn. 1995) (elements for "capable of repetition, yet evading review")
TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (U.S. 2021) (limits on judicial oversight and standing principles referenced in court’s discussion)