CPS attorneys argue for dismissal of AG's COVID masking lawsuit; judge to rule next month
Even as Missouri Attorney General Eric Schmitt has dismissed most of his lawsuits against school districts as they remove their COVID-19 mask mandates, the lawsuit against Columbia Public Schools remains.
Attorneys for the school district on Tuesday argued for dismissal.
Schmitt, a Republican running for U.S. Senate, dropped a lawsuit against CPS when the district first dropped its mask requirement, then filed a new lawsuit when the district resumed requiring masks.
Because CPS ended its mask requirement in February, the issue is moot, said attorney Natalie Hoernschemeyer, representing the district.
"There was no longer a controversy" since then, Hoernschemeyer said. "The issue was moot. Columbia Public Schools was not masking. There was no live controversy."
More: Trial deciding Columbia Public Schools' authority for COVID mask mandates set for October
It's been over three months since the district has required masks, she said.
"What the attorney general wants is simply an advisory opinion," she said.
A judge in St. Charles County dismissed the attorney general's lawsuit for that reason, Hoernschemeyer said.
"This case is no different than the St. Charles County case," she said.
She said it would be only speculation when Judge Joshua Devine asked if there could ever be a circumstance in which masks are reimposed.
"How am I supposed to know that this is not likely to recur?" Devine asked.
"It's unlikely to recur," Hoernschemeyer said.
Not necessarily, said Jay Atkins, assistant attorney general.
He said unlike in St. Charles County, CPS still has its COVID-19 policy in place, ready to go.
"What is at issue is the COVID policy and the district's ability to force-mask kids," Atkins said.
The St. Charles County case was different, he said.
"The offending behavior is still going on because the policy is still in place," Atkins said of the CPS case.
As for the possibility of a mask mandate resuming, Atkins cited a television interview with school board member Blake Willoughby in which he said masking should be maintained as a potential tool should there be another outbreak that threatens shutdown of schools.
The parents named in the lawsuit don't have legal standing, said Grant Wiens, another district attorney.
"The plaintiff parents, they're not suing on behalf of their children, they're suing in their own interest," Wiens said.
They're taxpayers, said Michael Talent, assistant attorney general.
That's not adequate, Wiens said.
The attorneys also debated what constitutes a public health order, with CPS attorneys saying the school district doesn't issue public health orders.
Previously: Columbia Public Schools to lift COVID-19 mask mandate, but lawsuit continues
The threat of imposing masks is a form of psychological harm to students, Talent said.
He downplayed the threat of COVID-19 as the nation marked reaching 1 million deaths related to the virus.
"COVID is not really a disease to be scared of, except for the old and very frail," Talent said, adding that masks aren't effective in preventing it.
Devine will take the motions under advisement on June 1, after attorneys file additional information.
"I don't know how long it's going to take me to review all of this," Devine said.
The trial is currently scheduled to start Oct. 18.
"There's going to have to be changes to the scheduling order," the judge said.
The attorneys have conducted themselves well, Devine said.
"I know this is a highly contentious issue," he said.
Roger McKinney is the education reporter for the Tribune. You can reach him at rmckinney@columbiatribune.com or 573-815-1719. He's on Twitter at @rmckinney9.
This article originally appeared on Columbia Daily Tribune: Attorneys for Columbia Schools seek dismissal of Missouri AG lawsuit
