Oklahoma City teachers say the school district illegally fired them for not wearing masks

Six teachers who were fired from Oklahoma City Public Schools for not wearing masks in class during part of the COVID-19 pandemic have filed a wrongful termination lawsuit against the school system.

In Oklahoma County District Court, the teachers accuse the school district of breach of contract, due process violations and retaliation against whistleblowers.

Five of the teachers — Jesse Paxton, James Taylor, Grace Trick, Nelson Trick II and Jason Widener — were tenured educators.

Paxton, Taylor and Widener all taught at Roosevelt Middle School. Grace and Nelson Trick, who are husband and wife, worked at Webster Middle School.

A.B. “Branch” Hague was a certified educator at Capitol Hill Middle School and was in his first year of teaching. He had not yet reached tenured status, meaning the standard of cause to fire him is lower than that of tenured teachers.

The school district declined to comment for this story, citing the ongoing litigation.

A history of mask mandates, state laws during the COVID pandemic

In 2021, Senate Bill 658 took effect and prohibited public school boards from implementing mask mandates unless the governor issued a state of emergency for their particular district.

At the time, Gov. Kevin Stitt said he would not issue another emergency order for the pandemic because he wanted parents to be able to choose health options for their children.

On Aug. 16, 2021, which was the first day the mask mandate took effect in the school district, the six teachers showed up to work and refused to wear masks. All were sent home on paid suspension.

On Sept. 24, 2021, an Oklahoma County district judge declined to temporarily stop the teachers' termination hearing and the school district's mask requirement.

On Nov. 3, 2021, the district's school board unanimously voted to terminate their employment after listening to hours of testimony.

Previously: Gov. Kevin Stitt stands by Oklahoma law that largely blocks school mask mandates

Superintendent Sean McDaniel had recommended all six teachers be fired. He said the five who had tenure met the threshold for termination because of willful neglect of duty and moral turpitude.

McDaniel previously said SB 658 did not prevent him from issuing the mask mandate because the law prohibits school boards from requiring mask wearing, but it doesn’t mention superintendents.

None of the teachers were members of the district's collective bargaining union for educators or the Oklahoma City American Federation of Teachers, The Oklahoman reported.

When the teachers were fired, The Oklahoman reported McDaniel saying:

“When I became aware clearly that these teachers were unwilling to do that, to take this next step to wear a mask, knowing that it would reduce the risk of exposure to COVID, that’s what prompted me to say they have violated the standards of performance and conduct of teaching,” McDaniel said. “They have crossed what I believe to be statutory lines and expectations for our educators.”

On Sept. 20, 2022, almost a year after the teachers were fired, the Oklahoma Supreme Court struck down the requirement that school mask mandates must be contingent on the governor declaring a state of emergency, finding that the law denied school districts local control.

What to know about the former Oklahoma teachers' lawsuit

In their lawsuit against the school district, the teachers claim Oklahoma law provides that educators must be placed on a formal personal development plan or plan of improvement before dismissal for alleged acts of willingly failing or neglecting to perform duties.

They also accuse the district of retaliation over their stance on the mask mandate.

“The termination of plaintiffs' employment with the district was motivated by unlawful retaliation for plaintiffs' participation in activity in furtherance of Oklahoma law and public policy,” the lawsuit states.

The lawsuit notes that on March 1, 2022, or four months after the termination hearing, Oklahoma City Public Schools dropped its mask mandate.

In addition to attorney fees and costs, the teachers are seeking at least $75,000 in damages.

The attorney for the teachers could not be reached for comment Tuesday.

This article originally appeared on Oklahoman: OKC teachers fired for not wearing masks sue the school district