Prohibition order filed against Homewood school system over mask policy

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UPDATE (8/13): A judge dismissed the request for a temporary restraining order and preliminary injunction against the schools in the town of Homewood. Read the full story here.

HOMEWOOD, Ala. (WIAT) – Two Homewood parents have filed for a temporary restraining order and injunction against schools in the town of Homewood, asking a court to prevent the school system from applying a mask warrant for them. students and teachers.

The complaint, which was filed Tuesday by Dustin Vann and Shelly Whitlock Smith, comes after the school system made the decision to require masks indoors. The school year started on Wednesday.

“Federal, state and local action across the country is based on data that is both incorrect and illegally promulgated and presented,” the complaint says. “As such, we are seeking an emergency injunction in the form of a temporary restraining order.”

Read the full complaint here

Specifically, the complaint stated that Whitlock had suffered “irreparable harm” as a result of school system policy and that she would keep her child out of school until she reconsidered her decision. Likewise, the complaint stated that Vann would be “irreparably hurt” by politics, as his children would be “unfairly challenged psychologically and forced to face issues of political medical tyranny in elementary school.”

Among its many claims, the 13-page complaint stated that the idea that masks can prevent the spread of viruses was “a myth” and that the “real” number of COVID-19 cases was “far below the reported number” .

In response to the requested restraining order, attorneys for the school system said that under the Alabama code, the school board has the authority to implement policies to advance Homewood’s educational interests.

“The complainants argue that the Council does not have the power to require masks but indicate no legal authority to support this claim,” the response said. “Rather, as stated above, the Alabama code authorizes the superintendent to recommend and the board of directors to adopt policies” to promote the educational interests of the city, as well as rules and regulations for the conduct of schools. “”

The 40-page response was filed by Anne Knox Averitt and Anne R. Yuengert of Bradley, Arant, Boult, Cummings LLC and went on to say that the complaint failed to meet the burden of proof that the complainants were entitled to an injunction.

“Because the adoption of the protocol by the Council was legal, appropriate and within its authority, the complainants have no reasonable probability of success on the merits of their claims,” ​​said the response.

Attempts to reach William McGowan, the lawyer representing Vann and Smith, or the lawyers for Homewood City Schools were unsuccessful.

The full answer can be read here


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