Judge denies bid to immediately halt Columbia Public Schools mask mandate
COLUMBIA, Mo. (KMIZ)
A Boone County judge on Tuesday denied the state attorney general's bid to immediately halt Columbia Public Schools' mask mandate.
Attorney General Eric Schmitt sought a preliminary injunction in a lawsuit he filed last month to end CPS's mandate that all students and staff wear masks while indoors. Judge Brouck Jacobs denied that request in a two-plus-hour hearing Tuesday, along with a request to make the lawsuit class action, which would bring in other schools with mandates as defendants.
CPS spokeswoman Michelle Baumstark said it was a good day for Missouri public schools, and the district is "thrilled" with the outcome of today's hearing.
"The Missouri Attorney General sought to enjoin more than 500 public school districts regarding the local decisions each made in the best interest of their own community’s needs," Baumstark said in a statement. "These decisions were based on guidance and recommendations from local, state and national health experts, including the Missouri Department of Health and Senior Services, the Missouri Department of Elementary and Secondary Education, and the CDC."
Chris Nuelle with the Attorney General's office told ABC 17 News they will continue to pursue the lawsuit.
"We plan to aggressively pursue discovery in this case to show how bureaucrats have incessantly moved the goalposts to justify never ending restrictions and mask mandates - the people of this state have had enough, and we plan to continue to seek answers," Nuelle said. "It’s crucial that the Court ruled that schools fall under the new state law in his denial of the motion to dismiss, and while the Court denied temporary relief, this fight is far from over.”
Schmitt filed the suit last month, arguing that masks are ineffective and even harmful to some children.
Last week, parents of children in other school districts with mask mandates asked to join CPS in defending its mandate. The parents said the removal of mask mandates will exclude their children from public education because of the risk to their health. Some CPS parents also filed to join the suit this week.
At the same time, CPS filed a motion asking the judge to dismiss the case, which Jacobs also denied Tuesday. The motion says the law gives schools the right to implement such regulations and that the attorney general lacks a solid claim or standing in the case.
CPS has promised to defend its mandate which it said is in place to keep students and staff safe. The mask mandate was in place for CPS summer school and the school board extended it for the beginning of the fall semester.
ABC 17 crews spoke with Ridgeway Elementary parents about the lawsuit. Of those who spoke out, they all supported masking, especially for children too young to be vaccinated.
"Everyone at our elementary seems to be in favor of it," said parent Clint McMillen. "The kids seem to have adapted to it very well; we've has zero problems with masks."
McMillen has two children enrolled at Ridgeway, one of which is quarantining due to close contact with someone at school who is COVID positive.
"We just hung out with his grandma--and we do not want her to get it, because she is high risk--and for all I know, the mask mandate helped keep him from getting it and thus spreading it to her," McMillen said.
Schmidt, a Republican running for U.S. Senate, has filed other lawsuits against local governments challenging health orders including mask mandates.
The hearing happened on the same day the state Department of Elementary and Secondary Education highlighted in a newsletter a study that showed coronavirus outbreaks are more likely at schools that don't have mask requirements.
Check back for updates or watch ABC 17 News at 5 and 6.
