A class-action lawsuit has been filed against the South Central School District seeking injunctive relief so all 650 students in the district are not required to wear masks unless they are subject to a lawful order of quarantine from the local health department.
In seeking the ruling, Attorney Thomas Devore attached orders from other judges who have earlier ruled individual students whose parents filed similar lawsuits did not have to wear masks if they were not subject to a quarantine order. The injunctions were issued to parents in the Carlyle, North Mac, Quincy Public Schools, and the Hillsboro School Districts.
The lawsuits filed by DeVore maintain the masks are designed to prevent the spread of illness and there is no health regulation to require healthy students to wear masks. The suit argues the School District and its Superintendent infringed on the lawful rights of children and their parents to be free to choose for themselves what health and safety measures are appropriate for their children.
DeVore says immediate and definitive action is necessary to clarify the rights and interests of all parties affected.
The court action against South Central School was filed by Elaine Owens, the guardian of two students, on behalf of all similarly situated students.
Superintendent Kerry Herdes says he has not yet been served the paperwork. The South Central School District had initially failed to pass the mask mandate until placed on probation by the State Board of Education and threatened with loss of recognition, funding, and the ability to play post-season sports.
A court date has been set for Friday, September 24th, at eleven am. The items to be acted upon are class action certification, a petition for declaratory relief and for writ of injunction, and a motion for a preliminary injunction.
