Mask mandate suit: Ohio parent claims ‘irreparable harm’ to child


CUYAHOGA COUNTY, Ohio (WJW) – A parent in the Mayfield City School district is suing the school board over the mask mandate.

The parent is claiming the masks are harmful to children’s health and that the board violated Ohio’s open meeting laws by not holding a public discussion before implementing a mask mandate in August.

Earlier in August, the CDC had recommended mask wearing for everyone ages 2 and up while indoors due to coronavirus.

However, in the lawsuit, the parent claims the CDC believes that masks are detrimental to children.

According to the lawsuit, the parent argues wearing a mask reduces oxygen and increases carbon dioxide in the brain.

The CDC reports that data states mask-wearing does not have adverse health effects or change oxygen or carbon dioxide levels.

The CDC also says masks help reduce the emission and inhalation of COVID-19 droplets.

The lawsuit claims the school district has a financial incentive to implement a mask mandate because of funding from the American Rescue Plan (ARP).

$4,475,000,000 was allocated to the State of Ohio by the federal government as part of ARP to help states safely reopen schools.

The suit states that the district is at risk of losing funding if it doesn’t implement a mask mandate.

Gov. Mike DeWine’s office previously told FOX 8 that because the state has no mask requirements in place, there are no stipulations that would affect funding.

Since the start of the school year, the Mayfield City School District has reported 29 student COVID-19 cases and 11 staff cases, according to the Ohio Department of Health.

The plaintiff claims the masks have caused “irreparable injury” to her child.

The lawsuit also goes on to say that mask mandates violate the 5th amendment and the 14th amendment of the U.S. Constitution.

The claim states that wearing masks deprives children of the life guaranteed in “life, liberty, or property without due process” and says that children being required to wear a mask is denying them the right to an education in a safe environment.

That lawsuit asks for the mask mandate to be dropped and be declared illegal.

FOX 8 reached out to Mayfield City Schools for comment.

We have not heard back.

A parent in the Cloverleaf district filed a similar lawsuit in September.

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