Buffalo, NY (WBEN) Judge Emilio Colaiacovo has denied without prejudice a bid by parents in Orchard Park and Williamsville schools to order those districts to bring students back to the classroom full time.
Additionally, the judge has ordered more hearings on the matter.
Within the extensive written ruling(above) released Wednesday, Colaiacovo states, "After the hearing, this Court will be in a better position to evaluate whether the guidelines promulgated by the State are appropriate, fair, and reasonable given what we now know about this virus, how it is transmitted, and where it is transmitted."
"It seems that "zero has become the only tolerable risk level", for schools even as every other business, forum, industry, or profession is opening up," writes Colaiacovo, asking for hearings on May 7th and May 10.
Colaiacovo further orders the state to "review, revisit, and, if applicable, update its guidance as to social distancing in middle and high schools" no later than Friday.
Attorney Todd Aldinger argued on behalf of the parents in the case and tells WBEN, "I think he sees our arguments, he sees we're making good arguments and driving this case in a direction where he's pretty much going to have to rule in our favor." Aldinger believes the judge is being careful to avoid appeal and any decision being overturned.
"Win after win, we've shown they have no evidence for some of these restrictions."
New York State has kept distancing at six feet for middle and high school students in Erie County, while three feet for students at elementary schools.
