Buffalo, NY (WBEN) A judge has denied a request for a temporary restraining order to keep Lancaster schools from requiring students to wear masks in class. Parents of two children filed suit after having respiratory issues.
Corey Hogan represents Willard and Maria Hunter, who sought the exemption after trying to get medical intervention. "(Judge Emilio Colaiacovo) basically said the arbitrary and capricious standard, one of the basis of our case, wasn't met. Our clients approached the district before filing suit to try and work things out," explains Hogan.
Colaiacovo writes in his ruling, "While the coronavirus led to many lawsuits filed to challenge overly broad, restrictive, and punitive decisions of local, state and the federal governments, many were necessary because petitioners were left without any meaningful redress. Those cases, often successful, were so because of their meritorious arguments. Here, this petition falls woefully short of that standard. Instead, this case can only be viewed as a mad-dash to the courthouse to generate attention and notoriety. It does not appear that the Petitioners even attempted to reach an accommodation with the School District before filing their lawsuit."
Hogan says the Hunters met with several doctors, some of whom said they would not issue letters of medical exemptions because "they did not want to get involved." A pulmonologist said it would take two weeks for such a letter.
According to the lawsuit, the girl was in a second-floor classroom at Lancaster Middle School with no fans running and no air conditioning. She went to the nurse's office where she received an inhaler to improve her health. Maria Hunter picked her up from the school.
In a separate incident that same day, Hunter's son, who also suffers from asthma, attended gym class in the morning and played football outside, where he began to feel unwell but continued to play. After class, the boy went to lunch, where he did not have to wear a mask, but was still not feeling well.
Hogan says the children will remain out of school, but the school year will wrap up this week. He likely won't pursue this matter further. "I suspect going forward in another month will not be good use of the court's time or our clients' time," considering there may not be a COVID case come September.
