JEFFERSON CITY (KMOX) - Missouri Attorney General Eric Schmitt filed a lawsuit against school districts that force students and teachers to wear face masks. The suit says the mandates are "arbitrary, capricious and unlawful."
Schmitt, who is running for U.S. Senate in 2022, says this is an example of "government overreach."
“Forcing schoolchildren to mask all day in school flies in the face of science, especially given children’s low risk of severe illness and death and their low risk of transmission. Additionally, forcing schoolchildren to mask all day could hinder critical development by eliminating facial cues and expressions." Schmitt says. “We filed this suit today because we fundamentally don’t believe in forced masking, rather that parents and families should have the power to make decisions on masks, based on science and facts."
The only district specifically named in the lawsuit is Columbia Public Schools. Schools in the St. Louis area who have announced mask mandates this year include Affton, Fox C-6, Kirkwood, Ladue, Lindbergh, Mehlville, Parkway, Rockwood and St. Louis Public Schools.
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The reverse class action lawsuit was filed Monday on three counts:
• Declaration that the mask mandates are unreasonable, arbitrary, and capricious
• Declaration that the mask mandate is subject to § 67.265 and expires without Board of Education authorizations
• Declaration that the mask mandate is unlawful as to schoolchildren
Schmitt notes facts from the Missouri Department of Health and Senior Services data, which show that no children under the age of 10 have died from COVID-19. Also, children make up less than 1 out of every 100,000 people who are hospitalized in Missouri.
The lawsuit also cites a study from the Netherlands which states, "children play a minor role in the spread of the novel coronavirus."
You can read the full lawsuit, here.
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