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texas school district mask lawsuit
(Photo Credit: Kalfa/Shutterstock)

 

  • Who: Students and parents have lodged a class action lawsuit against Allen Independent School District located in Texas. 
  • What: The plaintiffs say the district’s policy of making masks optional at school is putting them in danger.
  • Where: Texas.

A Texas school district is putting students’ lives in danger by making masks optional for kids going back to school, a new class action lawsuit alleges.

The new federal class action complaint was filed against the Allen Independent School District in Allen, Texas, last week, Allen American reports.

The plaintiffs allege the district has violated its “duty to assure the right to life of … all students.” 

It also alleges students’ 14th Amendment rights—guaranteeing equal protections of the laws—were violated. 

Optional Masks Put Texas School District Students At Risk

The complaint, filed in the Eastern District of Texas, names two Allen ISD students and their parents as plaintiffs. One of the students is a sixth grader, the other a high school senior with respiratory issues. 

The mask lawsuit was accompanied with an open letter from about 200 doctors at Cook Children’s Health Care System. Recommendations included allowing a virtual learning option. 

On Aug. 23, more than 150 protesters gathered outside Allen City Hall urging the district to enforce a mask mandate and offer a virtual learning option.

The Texas School District issued a statement saying it strongly disagrees that the students’ constitutional rights have been violated by leaving masks as an option for students and staff. 

School mask policies have prompted lawsuits from all sides. Las Vegas area parents are fighting a school mask mandate that came as a directive by the state’s governor. The parents filed a class action lawsuit against the Clark County School District and other officials last month.

A group of Tennessee parents who have children living with disabilities in Knox County public schools filed a class action lawsuit against the state’s governor and the county for allegedly putting their children at risk by not implementing a mask mandate in schools.

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 Martin J. Cirkiel of Cirkiel & Associates, P.C.

The Texas School District Mask Policy Class Action Lawsuit is Doe I, et al. v. Allen Independent School, et al., Case No. 4:21-cv-00697 in the U.S. District Court for the Eastern District of Texas. 


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