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School Mask Mandate Class Action Lawsuit Overview:
- Who: Las Vegas parents filed a class action lawsuit against the Clark County School District and other officials.
- Why: The plaintiffs say the school mask mandate requiring K-12 students and employees to wear masks is unconstitutional and illegal.
- Where: The class action lawsuit was filed in Nevada federal court
Las Vegas area parents are fighting a school mask mandate that was included as a directive by the state’s governor last week, lodging a class action lawsuit against the Clark County School District and other officials Thursday.
Lead plaintiffs, Monica Branch-Noto and Tiffany Paulson, filed the lawsuit on behalf of their children and other parents of children and children attending Clark County School District, which started the school year Monday. They accuse Gov. Steve Sisolak, state Attorney General Aaron Ford, and the school district of violating the Ninth and Fourteenth Amendment rights of Clark County students and their parents with a school mask mandate requiring face coverings on buses and inside buildings.
‘Draconian’ School Mask Mandate Inflicts ‘Emotional Distress’ on Children
Branch-Noto and Paulson take issue with district guidance and an order requiring students, along with school employees, to wear masks. Calling the decision to require students to wear face coverings “arbitrary,” the plaintiffs contend that the school mask mandate infringes on “the fundamental right of parents to make child rearing decisions.”
“This action challenges the constitutionality of Defendants’ Orders and Emergency Directives to curb Plaintiffs’ civil rights and liberties by ordering draconian measures and engaging in the intentional infliction of emotional distress of school children and their parents, by mandating all Clark County School District and private schools therein, fully masked while attending school,” states the class action lawsuit.
The plaintiffs contend that “[t]he COVID-19 pandemic still exists and has existed – unabated and unsuppressed” despite emergency orders, vaccine rollouts, and mask mandates. They also allege that children face a higher risk of infection from the flu than from COVID-19.
In the face of such evidence, the plaintiffs say that the school mask mandate, “[I]f allowed to stand,” will continue to violate students’ and parents’ constitutional rights and “inflict massive emotional distress.”
The class action lawsuit is seeking a court order putting a stop to the school mask mandate.
Parents Torn Over School Mask Mandate
As students head back to the classroom after more than a year of distance learning in some cases, parents have found themselves at different ends of the spectrum when it comes to school mask mandates.
Some states, including Florida, Oklahoma, and others, have banned mask mandates, while others have embraced them and even warned school districts to be ready to return to remote learning in the face of the Delta variant.
The Centers for Disease Control recently updated guidance on face coverings, calling for universal school mask mandates; however, masks and continuing coronavirus pandemic restrictions are meeting resistance across the country, according to ABC News.
Is there a school mask mandate in your area? What do you think? Tell us in the comment section below!
The plaintiffs are represented by Sigal Chattah of Chattah Law Group and Joseph S. Gilbert of Joey Gilbert Law.
The Nevada School Mask Mandate Class Action Lawsuit is Branch-Noto, et al. v. Sisolack, et al., Case No. 2:21-cv-01507 in the U.S. District Court for the District of Nevada.
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2 thoughts onSchool Mask Mandate ‘Unlawful,’ Say Nevada Parents in Class Action Lodged Against District
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