Douglas County schools filed a civil suit against the newly formed Board of Health on Wednesday, Oct. 20.
DOUGLAS COUNTY, Colo. — A U.S. District Court judge in Denver issued a temporary restraining order halting the Douglas County Board of Health’s school mask exemption.
The decision was made Tuesday afternoon after the two sides laid out their arguments Monday and Tuesday.
On Friday, Oct. 8, the health board approved a public health order that allowed parents or guardians to give their children exemptions from mask mandates by writing and signing a request “due to the negative impact of that individual’s physical and/or mental health.”
The school district said the public health order ignores science and guidance regarding COVID-19 mitigation and puts the health and learning of vulnerable students – those with chronic conditions, respiratory issues, and other serious health challenges – in jeopardy.
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Eighteen students, whose only identifiers are initials, are listed as co-plaintiffs in the lawsuit. In a news release announcing the lawsuit, the school district gave examples of some of the co-plaintiffs’ disabilities that put them at high-risk if they contract COVID-19:
“Students with certain disabilities or medical conditions are at higher risk for suffering from severe, life-threatening illness, and it is our obligation as a school district to ensure that every student has an inclusive, accommodating public education – a responsibility that the District takes very seriously. The message is simple: in these very complex times, our most vulnerable children cannot be left behind. Everyone wants a return to normal, but a return to normalcy cannot come at the expense of those with chronic and severe health issues. That’s why this legal step is being taken.”
Last week, Doug Benevento, the president of the Douglas County Board of Health, told 9NEWS the board was confident their order struck the proper balance for mask mandates in schools.
“We are confident that our order strikes the appropriate balance with respect to mask mandates in our schools. Our order allows for masking but provides exemptions for parents with children that would be negatively impacted from a health or psychological standpoint from a blanket mask requirement,” the statement said. “The pending lawsuit against the school district by an asthmatic student claiming they have violated the [Americans with Disabilities Act] demonstrates that a blanket mask mandate does not strike that balance. Our order is also more proactive than any requirement the State of Colorado currently has in place.”
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