Parents of a Michigan school district are threatening a lawsuit if officials continue to force their children to wear masks.
Attorneys from the Thomas More Society presented a demand letter February 3 on behalf of the Walled Lake Citizens for Parental Rights to the city’s Consolidated School District Board of Education.
The letter asserts the Walled Lake Citizens for Parental Rights group intends to file a taxpayer lawsuit against the school district and Oakland County, if the mask mandate for students is not rescinded.
“This is a simple case,” said Thomas More Society Special Counsel Erick Kaardal in a press statement that referred to a bill signed by Governor Gretchen Whitmer (D) in the fall that banned mask and vaccine mandates within the state.
He summarized the details:
On September 29, 2021, Michigan’s governor, Gretchen Whitmer, signed into law Public Act No. 87, which authorizes appropriations for Michigan and local governments. It states, in Section 250, that ‘The Director or a local health officer shall not issue or enforce any orders or directives that require an individual in this state who is under the age of 18 to wear a face mask or face covering.’ There’s no fancy language, and no need to interpret anything. Oakland County and the Walled Lake Consolidated School District are breaking the law.
The demand letter states the Oakland County Health Department’s mask order is “legally unauthorized,” since “[s]tate law preempts or supersedes the mandate of the Oakland County Health Department Mask Order, as it applies to school district students.”
The letter continues that, if the school district continues to use taxpayer funds to enforce the mandate or threaten children with punishment if they fail to wear a mask during school hours, the parents’ organization will file a federal lawsuit.
In response to the demand letter, Oakland County issued the following statement to The Oakland Press:
Oakland County is committed to keeping our children, teachers, and education staff healthy, safe, and in the classroom through prevention measures such as vaccination, social distancing, and masking. In a county where vaccination rates among school-age children remain lower than other residents, not wearing masks in the classroom would place students and staff at greater risk of exposure and future quarantines and make it more difficult for administrators to keep our schools open.
The Walled Lake Consolidated School District also issued a statement to The Oakland Press:
At the beginning of the 2021-22 school year, masks were to be recommended but not required in the Walled Lake Consolidated School District. Following the Oakland County Health Division’s Emergency Order for Pandemic Control in August 2021, the district was required to follow the protocols and procedures set forth by the emergency order. Attorneys have cautioned that the district must comply with the order.
The Walled Lake Citizens for Parental Rights has demanded a response to the letter within seven days.
“Over the past several months, Walled Lake Citizens for Parental Rights have made numerous efforts to convince the Walled Lake Consolidated School District to stop their misuse of taxpayer funds in enforcing a mask mandate,” said Nathan Pawl, the group’s spokesperson. “Unfortunately, the district has not listened to the voices of parents or students.”
Rosanne Ponkowski, president of the Michigan Conservative Coalition, said her group supports action to end mask mandates across Michigan.
“All of our children have suffered enough and, for parents, it is beyond time to act,” she added.
– – –
Susan Berry, PhD, is national education editor at The Star News Network. Email tips to [email protected].
