School advocates, legal experts push back against Missouri AG's attempt to sue schools over mask mandates
ST. CHARLES COUNTY (KMOV.com) – School district advocates and local attorneys are calling Missouri Attorney General Eric Schmitt's latest fight against school districts a distraction from the ongoing COVID-19 pandemic.
Before the lawsuits were filed, Schmitt said his office would sue districts with mask mandates. Francis Howell, one of the districts being sued, does not have a blanket mandate, but requires mask wearing if COVID-19 cases reach a certain threshold. Other districts have similar policies or have a blanket mandate. Officials with different school districts have said they disagree with Schmitt’s view of state law that school boards do not have the right to put mask mandates into place.
In response, Francis Howell said "the attorney general is not elected to make decisions for Francis Howell students and staff. That responsibility lies with our locally elected school board members and the mitigation measures they have enacted helped keep our schools open for in-person learning, which we know is important for our students and families. We have consulted with our legal counsel and are confident that our Board of Education has the authority to establish mask requirements and other mitigation measures."
News 4 is reaching out to the other districts being sued for comment.
While some parents are applauding Schmitt for pushing back against districts requiring masks, others say his response is government overreach.
“I want him to worry about prosecuting crimes and let us worry about educating our kids,” said Heather Mudd.
Mudd is a parent in the Fort Zumwalt School District, which was among the districts sued on Friday. Right now, masks are optional in the district until the spread gets out of control, which the board has defined as four percent positivity at any particular building.
“I’m immunocompromised. I’m a recovering cancer patient, so my kids understand that there is a lot on the line for us as a family and for me,” said Mudd. “And I’m very concerned about long haul covid and the possibility of lasting effects on my kids.”
“It just seems like the Attorney General is trying to remove our schools ability to do anything to combat the spread of COVID,” said Dan Myers a parent with children in the Francis Howell School District.
“To me this is not about masks. This is about us being able to have people who we can look them in the eye and that’s who is making decisions for our kids,” said Mudd. “And if the school board voted that they were opposed to masks, I would still want them to be the ones making decision.”
Today, Schmitt announced that a total of 36 lawsuits were filed against school districts across the state, and 76 parents were involved in these suits.
News 4 reached out to several of those parents for comment, but they did not respond back today.
Phillip Murray, President of the Missouri National Education Association, calls the attorney general’s move concerning for school districts as they continue working to do what they can to keep buildings open and students learning in person.
"Now there are multiple school districts that will have to spend precious resources defending against something that really is common sense and in the best interest of our kids,” said Murray.
Schmitt doubled down on his position on Friday, claiming school districts don't have legislative authority to impose mask mandates and arguing that masks are ineffective.
"There’s a growing body of evidence in the psychological, social challenges that come with the forced masking of kids. there's speech and language issues, there's loss of learning, there's anxiety and depression,” said Schmitt. "There's always going to be a new variant, and these kids can't be used as pawns for people that want to virtue signal and act like they're doing something."
However, parents like Mudd are calling the attorney general’s move a political tactic.
“Eric Schmitt is running for Missouri Senate and he’s fundraising,” she said. “This is not about masks, this is about a power grab by a politician, and that’s what bothers me.”
St. Louis County Executive Sam Page sounded off on the school lawsuit on Twitter:
“The confusion created by these school lawsuits endangers the short- and long-term health of students, teachers, staffers -- and their families. the ag has earned "f's" in both conduct and science."